What’s So Important About A Condominium Status Certificate?

The purchase of a condominium differs in many regards from the purchase of a house. Condominiums are created by statute and the Declaration, Rules and By-Laws of each condominium differ. Here are some of the questions that you and your agent should be asking each other: Are pets allowed? What kinds of pets? How many? […]

Posted in Legal Real Estate Advice, Toronto Real Estate | Leave a comment

The APS calls for my seller to terminate the tenancy so the buyer can move in. The buyer is a corporation. Is it legal?

Here’s the bottom line: Section 49 of the Residential Tenancies Act allows a seller/landlord to terminate a tenancy within a residential complex that contains no more than three (3) residential units, or a condominium unit; if: (i) The seller/landlord has entered into an agreement of purchase and sale to sell the residential complex; and (ii) […]

Posted in Legal Real Estate Advice | Leave a comment

Acting in Good Faith – What does this mean in a real estate agreement?

Is there a duty to act in good faith? Did you know that sole and absolute discretion financing, home inspection or even a lawyer’s approval conditions won’t let a buyer terminate for buyer’s remorse! Here’s the bottom line: In Canada, there is no independent stand alone duty to act in good faith, neither in the […]

Posted in Legal Real Estate Advice | 1 Comment

What Is A “Survive Closing Non Merger” Clause?

In real property law, all promises merge (i.e. end) on closing when the purchase price is paid by the buyer and the deed is delivered by the seller unless the agreement of purchase and sale otherwise provides, expressly or impliedly, or unless a new agreement is made by the parties. In order to ensure that […]

Posted in Legal Real Estate Advice | 1 Comment

The buyer won’t close. What are my legal remedies?

What can a seller do? Here’s the short answer: Extend the closing if the seller still wishes the transaction to close Accept the breach, terminate the transaction, keep the deposit without having to account to the buyer and walk away (this is prudent in an escalating market) Accept the breach, hold the deposit in abeyance, […]

Posted in Legal Real Estate Advice | Leave a comment

Death In Real Estate: Do I Need to Probate the Will Before I Sell the House?

As a real estate lawyer, I am often asked if the Will of a deceased client must be probated before his real estate may be dealt with. There are a few issues to consider before the aforementioned question can be answered (and in this blog I will only address situations where the deceased has made […]

Posted in Legal Real Estate Advice | Leave a comment

Land Transfer Tax, Rebates, and Exemptions For First Time Buyers

When it comes to answering these questions and deciphering their answers, consulting a real estate lawyer is often a good first step for potential homeowners. Generally speaking, the Ontario Land Transfer Tax Act and the Municipal Land Transfer Tax Act of Toronto provide that buyers are obligated to pay a land transfer tax upon the purchase […]

Posted in Legal Real Estate Advice, Toronto Real Estate | Leave a comment

Can you Evict your Tenant When Selling your Property?

Signature on a notice of termination when evicting a tenant.

I am often asked by sellers of their principal residences and investment properties if they can evict their tenants and provide vacant possession of the property to the buyer. Section 49 of the Residential Tenancies Act permits a landlord/seller, in certain circumstances, who has entered into an Agreement of Purchase and Sale to, on behalf […]

Posted in Agreement of Purchase and Sale | Tagged , | Leave a comment

The Importance of a Home Inspection

Magnified view of home inspection

You shouldn’t purchase a home without having it inspected by a competent and qualified home inspector. Many people feel that they are qualified to do the home inspection themselves, however this is not the case. If after closing you discover problems with the house and attempt to pursue your seller in court for compensation, the […]

Posted in Legal Real Estate Advice | Tagged | Leave a comment

Can you Hold Back Funds on Closing When an Appliance is Broken?

dishwasher spilling water shows why buyers can withhold funds on closing for broken appliances.

The simple answer is: No. As in any contractual situation, the agreement of purchase and sale is the first document that should be reviewed. Unless your agreement of purchase and sale gives you the right to holdback a specified sum of money, other than in certain situations where there is material damage or a material […]

Posted in Legal Real Estate Advice | Tagged , | Leave a comment