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…
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…
Can you Evict your Tenant When Selling your Property?
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
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?
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
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
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
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
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
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,…