Legal Real Estate Advice

Rented vs leased fixtures and how it can affect your home purchase

When preparing a listing agreement or an Agreement of Purchase and Sale a real estate agent must ensure that rental items (for instance, a hot water tank and heater, water softener, furnace or air-conditioner) are in fact true rentals and not the subject matter of a lease or other agreement which includes an obligation, as […]

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City of Toronto Residential Property Owners: Front Yard Parking

Front Yard Parking permits are not transferable. Each new owner of the property must apply to the City for his/her own permit, which, if granted will include the payment of certain fees. It is the responsibility of the new owner to ensure that the existing front yard parking pad is legally installed. By calling 416-392-2489, […]

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Pets: Are they allowed in rental apartment buildings and condominium buildings?

Although pets cannot be prohibited in rental apartment buildings in Ontario, they can be regulated and prohibited in condominiums where the condominium declaration so provides, BUT service animals must be allowed for owners/residents with a disability. The Ontario Human Rights Code trumps the condo Declaration. The condo corporation can ask for medical confirmation of the […]

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Tree Law – Overhanging Branches and Who Can Cut Them Down?

Unless there is legislation or restrictive covenants to the contrary, the current common law regime allows “each property owner, within the boundaries of his or her own property, to do as they wish. This is so both with respect to planting trees, which may tomorrow block a neighbour’s view or spill onto a neighbour’s property, […]

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Mortgage Down Payment Help From Parents: Is It a Gift, Loan, or Trust?

My mom gave me $50K to help with my down payment: is it a gift or is it a loan or did a trust just get thrown at me? Many parents are financially assisting their adult children to purchase real estate. Sometimes it’s a few thousand dollars; sometimes significantly more. Is this financial assistance a […]

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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? […]

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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) […]

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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 […]

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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 […]

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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, […]

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