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…

The Critical Role of Home Inspections in Real Estate Transactions

a female home inspector standing in front of a home going over the report with a potential real estate buyer.

Buying a home is one of the most significant investments you’ll make in your lifetime, and ensuring that investment is sound requires more than just a cursory glance at the property’s aesthetics. This is where the importance of a comprehensive home inspection comes into play, a step too crucial to overlook or to attempt to…

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…

“Caveat Emptor” – AKA: Buyer Beware – in Fine Print

real estate agreement with an "as is" caveat emptor being slid across a table.

What Does “Caveat Emptor” Mean in a Real Estate Agreement? A common question I receive from purchasers is regarding who is responsible for the repair costs if something is not working on the date of closing. For example, an appliance, the heating/air conditioning system, the electrical system, or the roof. Buyers ultimately want to know…

Common Pitfalls of Flipping New Condominium Home Agreement Assignments

realtor and sellers looking over a new home agreement assignments during a condo flip.

In my earlier blog, I discussed the importance of determining whether you need your builder’s consent to assign/flip your agreement of purchase and sale. Usually you do. Once you have resolved that issue, you will enter into an agreement of purchase and sale with your purchaser regarding the flip. In that flip agreement, your purchaser…

Consider This When Flipping Your New Condo in Toronto

cartoon of realtor flipping a condo in a pan.

When I am asked by a client if they can flip their new condominium/new home agreement of purchase and sale, I always respond that the first place to start is the agreement of purchase and sale itself. Unless the agreement of purchase and sale prohibits flips, then the purchaser is free to flip their agreement…

Know who you are dealing with – the perils of dealing with contractors

keys being handed to a contractor without using a real estate lawyer.

Before hiring a real estate lawyer or a building contractor, you must satisfy yourself as to his credentials and track record. This is an easy enough task when it comes to hiring a lawyer. One can contact The Law Society or their friends. Since lawyers are regulated, the Law Society has a discipline department which…

The importance of a lawyer’s review of an Agreement of Purchase & Sale

group of real estate lawyers going through an agreement of purchase and sale with a buyer or seller.

An Agreement of Purchase and Sale, once signed, and once all of the conditions (for example, financing and home inspection) have been waived or fulfilled is a binding contract between the buyer and seller which cannot be changed unless both parties agree to do so. Usually, if one party wants a change to the Agreement,…

What a Real Estate Lawyer should do when their clients start disputing?

two real estate clients of a toronto lawyer that had a dispute and needed a joint retainer agreement.

As a real estate lawyer, mitigating disputes amongs clients comes with the job. Recently I was confronted with the following situation: I was retained by a parent and his child to purchase a new condominium unit from a builder. The day before the interim occupancy closing the parent and child had a falling out and…

How to Choose a Good Real Estate Lawyer in Toronto

Navigating the bustling Toronto real estate market can be a daunting task, especially when it comes to legal matters. A real estate lawyer is not just an optional part of your transaction team; they’re essential for ensuring a smooth, legally sound buying or selling process. But how do you choose the right one among so…