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...
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. ...
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...
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...
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...
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...
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 due date for the terminal return depends upon the date of the deceased’s death:1) For a death prior to November, the terminal return is due...
Constructive Trusts Without Unjust EnrichmentIn a majority judgment in Soulos v. Korkontzilas, the Supreme Court of Canada noted that a constructive trust arose in the absence...
Earlier we have seen how Goodyear benefited from its lawsuit against Burnhamthorpe. This verdict is compared with the generally accepted good law set out in Corbett...