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real estate law

Getting your signing hand ready

My first contact with clients is generally over the phone, when they call to retain me. Usually in the course of that phone call, they will ask when they need to come in to sign. Generally, you will sign the paperwork with your lawyer one to three days prior to...

Buyer be aware

I often read Mark Weisleder's posts on the Moneyville website. This one in particular caught my attention: a realtor claimed an $11,000.00 commission from a couple after they signed a buyer agency agreement with him and then subsequently purchased a home through a...

Survey says

Someone asked me an interesting question the other day: what happens if there is a mistake in the survey and I don't find out until after closing? 20 years ago, when you bought property in Ontario, your lawyer would have done a full certification of title. There would...

Biting the hand that feeds you

Just before the end of last year, Moneyville reported on an agent who sued her former clients after a deal went bad. Essentially, the issue became the cost of staging the house when the owners took their home off the market because they could not sell it for a price...

High and low

A client recently asked me, out of curiosity, how high up and down she would own when her first home closed. Essentially, at common law, you own "up to the heavens and down to the centre of the earth". That being said, in many jurisdictions there are limits that have...

Cooling the market?

The Globe and Mail published this article a few weeks back about proposed new rules from the Office of the Superintendent of Financial Institutions regarding refinances and new mortgages. Essentially, the Office is proposing that banks be required to take a much...

Checking on your home inspector

TheRedPin.com posted this article a few weeks ago about what home inspectors do and do not check when doing the inspection on your home – or rather, what they are and are not required to check. The list is quite informative, especially if you have not bought a home...

Can a sale be guaranteed?

It sounds like quite the coincidence, but my roommate from law school also ended up practising in real estate – albeit in a much larger firm in Toronto. I got an email from Mahira a little while ago with a link to a case she thought I would find interesting, and I’ve...