I have many clients who purchase homes with their spouse or common law partner. Some have been together a long time and have owned multiple properties together; some are recently merging their finances; some are moving in together for the first time. None of them...
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Real Estate
Don’t waive a condition until you know for sure
I’ve had this situation happen a few times lately when I have acted for the seller: the buyer waived the financing condition, or didn’t put in a condition of financing at all, and found out shortly before closing that their financing was not actually approved. How...
Get it in writing
Many real estate woes can be solved by everyone being on the same page from the outset. Is there something that you thought you were buying with the house? Include it as a chattel, even if you think it’s a fixture. Conversely, exclude fixtures even if you think...
A backyard oasis
It’s almost summer, and that means spending as much time as possible in our backyards. If you’re thinking about a new deck, keep these tips in mind so that you don’t have trouble down the road when you try to sell: Do you need a permit? Some decks do, and some don’t....
A little bit late
It doesn’t happen often, but it does occasionally occur: 5pm rolls around, and your purchase is not yet closed. What happens? Most of the time, the answer is that it depends. If your mortgage money has not arrived, then generally speaking, you are going to have to...
Buying a cottage
Spring is in the air in southern Ontario; April has arrived with its showers, and it’s only a matter of time before we all break out our sandals and start dreaming about swimming outdoors. For many people, it is almost time to open up the cottage for the season. For...
The joint tenancy trap
In my estates practice, I see a lot of people ask me about adding a child on title to their house in order to avoid probate. I usually talk them out of it. There are a number of reasons this can be a very bad idea: You can’t change your mind later without the child’s...
Friending
A friend emailed me the other day, asking if I would represent her for her house purchase in Guelph. While I would have been happy to do so, the Law Society requires me to physically examine her ID in order to confirm she is who she says she is, and it would have been...
Changing your mind
It doesn’t happen often, but a few times over the years, I have had clients call me to let me know that they had firm agreements to sell their homes and had changed their mind and wanted out. They wanted to know if there was any chance that they could do so. The short...
The flood
A few weeks ago, I wrote about whether you have to disclose a ghost in your home. What happens if there is something a bit more concrete, such as a flood? And what if it happens after the agreement is signed? Generally speaking, damage is divided into latent and...