Navigating the complexities of tree laws in Ontario and specifically Toronto, particularly with property boundaries involvement, can be intricate and daunting. This comprehensive guide aims to clarify critical aspects property owners often grapple with, including dealing with overhanging branches, planting trees on property boundaries, managing a neighbor’s trees that encroach onto your property, and understanding…
Receiving financial assistance from parents to help with a mortgage down payment is increasingly common, especially in today’s competitive real estate market. But whether this money is considered a gift, a loan, or part of a trust arrangement can have significant legal implications. Misunderstanding the nature of the transaction could lead to disputes, tax issues,…
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?…
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)…
In real estate transactions, particularly within the context of resale residential agreements of purchase and sale, the principle of acting in good faith is a cornerstone of ethical and fair dealings. But what does acting in good faith truly mean, and how does it influence the ability to navigate real estate agreements effectively? The Principle…
In the world of real estate, the process doesn’t end with a handshake – it’s filled with complex jargon and clauses. One such term that often pops up is the “Survive Closing Non Merger” clause. Not exactly a phrase that rolls off the tongue, right? Fear not, we’re here to break it down for you,…
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,…
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…
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…
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…