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Draft & Review Agreements

Real Estate Law: Provisions in the Agreement of Purchase and Sale: Time for Searches, Future Use, Title, Schedules

Time for searchesBefore closing a real estate transaction, a real estate lawyer will need time to search title, executions and make off-title searches or inquiries.  The...

Real Estate Law: Goods and Services Tax/Harmonized Sales Tax (GST/HST)

In the OREA standard form agreement (“OREA Agreement”), there is a blank space provided where it should be indicated whether taxes are “included in” or “in...

More Provisions in the Real Estate Agreement of Purchase and Sale

Spousal consentWhen selling a matrimonial home like a principal residence or cottage, it is always necessary to have the non-title holding spouse consent to the sale. ...

Real Estate Law: Closing a Real Estate Transaction

Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your...

Agreements of Purchase and Sale: Fixtures, Chattels and Rental Items

Fixtures and chattelsThe specification of chattels versus fixtures happens to be one of the more contentious issues arising in a real estate transaction.  To recap past...

Understanding the Deposit in a Real Estate Transaction

The depositA deposit on a real estate transaction is regarded as consideration by the buyer to the seller to sell their property at a future date.  If...

Describing the Property in your Agreement of Purchase and Sale

The property that is the subject of the Agreement of Purchase and Sale must be identified in the Agreement. The municipal address is the first component...

General Information About Agreements of Purchase and Sale

A contract by nature, the Agreement of Purchase and Sale (“Agreement”) brings with it all the obligations, responsibilities and procedures of contract law. A binding contract...

The Lesson Learned from a Leasing Arrangement

In the previous installment, we reviewed a scenario when the lender can attorn rents and the tenant has to pay rent to the lender. Assuming that...

ASSIGNMENT OF LEASES, RENTS, NON DISTURBANCE AND ATTORNMENT: How To Differentiate Between Them

In this context, Madame Justice McKinley also dealt with the situation where a lease is absolutely assigned by the owner of land but the reversionary interest...