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Tag: real estate lawyers

Why Would One Need a Real Estate Lawyer?

For most Canadians, the purchase of a home is the largest single investment that they will ever make. Not only is the purchase of a home a large investment, but oftentimes it can be an incredibly complex one. It is of the utmost importance that all documentation is in order and that financial transactions are protected. By working with a […]

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Real Estate law: Can You Refuse to Close if Your Condominium Square Footage is Less Than You Bargained For?

In real estate law, representations are very important elements to any agreement of purchase and sale.  Typically the party selling the property will represent things such as the size of the land, the size of the dwelling, that the chattels and fixtures included in the purchase price are free and clear of encumbrances and in working order, etc.  In law, a representation is defined as a statement of past or present fact without the statement necessarily also being a promise, although the law has recognized that a representation can be both a promise and a representation.  While the topic of representations in contracts is extremely comprehensive, 756289 Ontario Limited et al. v. Milan Harminc, (1998) CarswellOnt 1577, 98 G.T.C. 6206 (“Harminc”) is one example of where a representation affected a real estate transactions with respect to the representation of square footage.Harminc is a case wherein a buyer purchased a commercial condominium property from a builder.  The buyer refused to close and the builder sued the buyer for breach of contract and sought damages.  While the defendant buyer advanced a number of arguments for his defence, the case turned on whether the builder misrepresented to the buyer the square footage of the property and if so, whether that misrepresentation was material enough to entitle the buyer to rescind the contract and refuse to close.

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Real Estate Law: Choosing a Real Estate Lawyer and Understanding Fees

Often clients will shop around for legal services as if they were a commodity and not a service and therefore the lowest price is the only consideration in their decision.  Like almost any good or service, you often get what you pay for!When looking for a real estate lawyer, one should always ask the following questions:1)     Am I going to be communicating with my lawyer directly or strictly his support staff?2)     How often or timely will my Lawyer address my questions or concerns?3)     Will my Lawyer properly search the history of title to my property, including    searching abutting lands, in addition to off-title inquiries?4)     Will my Lawyer order a property tax certificate or rely on title insurance?  Leaving me as the new owner to chase any shortfalls from my insurer.

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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.  For the purposes of real property, the term “spouse”, is defined as a married spouse and matrimonial home is as defined in the Ontario Family Law Act (R.S.O. 1990), therefore the term spouse does not contemplate common-law spouses in this situation.  The provisions in the Agreement serves as a warranty, the Seller is warranting that the property is being sold in accordance to the Family Law Act by ensuring that both spouses are consenting to the disposition of a matrimonial home.Urea Formaldehyde Foam Insulation Warranty (“UFFI”)

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Competition Bureau and the Canadian Real Estate Associations (“CREA”): More Private Deals on the Horizon?

Recently the Canadian Competition Bureau requested that CREA open up the Canadian real estate market by making the Multiple Listing Service (“MLS”) open to the public and thus allowing for greater public access to market properties.CREA sets the real estate industry’s standards and practices, including setting commissions  of five percent (5%) of a home’s total sale price,

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