Buyer beware: Serious consequences for refusing to close without a valid legal reason
In this highly volatile market of limited inventory and wildly fluctuating prices, a recent Court decision (October 2021, Pomata...
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Can the Pandemic justify cancelling an Agreement?
Could the Pandemic be a reason for frustrating an Agreement of Purchase and Sale thereby ending the Agreement and excusing any...
Consequences of Seller's "Representations"
In the recent Court case of Beatty v. Wei, 2017 ONSC 3478, the Buyer and the Seller had entered into an Agreement of Purchase and Sale...
Residential New Build Agreements
Buyer beware...Residential New Build Agreements typically include an “HST” clause stating that the purchase price includes the net amount...
Real Estate agents – before listing an Estate property...
Estate Sales can be challenging and should be handled with diligence and sensitivity. If you are an agent who has been contacted by a...
Power of Sale Provisions
We have seen an increase in the number of properties being sold under the Power of Sale (“POS”) provisions in a mortgage due to default....
Know the Tax rules before buying from a Non-Resident Seller
With all of the talk about the new Tax on non-resident Buyers many people are overlooking the very serious problems that can be created...
Non-Resident Speculation Tax
The Ontario government introduced a 15% Non-Resident Speculation Tax (NRST) in early 2017 which was effective as of April 21st, 2017....
Protecting yourself when buying "in Trust"
When a Buyer offers to buy “in Trust” for a company or wants the ability to allow a third party to actually complete the purchase and...
Assignments and HST
One of the most difficult issues when dealing with Assignments is the HST issue. The first issue is to determine if HST applies to the...
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