Archive for the ‘Law Blog Articles’ Category

What happens to your deposit if you cannot close? Do sellers get to keep the entire amount?

by: Robert Pacan Typically, an offer to purchase a property comes with a contractual promise to pay a deposit on acceptance of the offer by the seller. My anecdotal evidence […]

Do not conceal water damage before selling your home

by: Robert Pacan You’ve decided to sell your home and while preparing your home for showings, you discover water damage in the basement. Mold is present on the studs in […]

Common law tort of nuisance prevails over Forestry Act

by: Robert Pacan Two Toronto neighbours had an issue with a tree straddling their property line.[1] At issue was whether one neighbour had the right to cut down the tree […]

Can a Buyer and Seller use the Same Real Estate Lawyer for a Home Purchase?

by: Robert Pacan No, but they can use the same law firm. In most cases, one lawyer is not allowed to represent both the buyer and seller in a transfer […]

Real Estate Agents – Disclose Dual Agency Or Risk Losing Commissions

by: Robert Pacan It’s not uncommon for a real estate agent to act a dual agent for the buyer and seller on a real estate transaction.  In doing so, the […]

Condo board vs Existing Non-resident Parking and Storage Unit Owner – What happened when board tried to prevent outside owners from owning units?

by: Robert Pacan Situation: Condo purchasers buy a parking and storage locker from another condo nearby because their building had none available. The condo board from the nearby building subsequently amends […]

What is a holdover period? Am I required to pay the real estate agent commission after the listing agreement expires?

by: Robert Pacan It’s not uncommon that a listing agreement between a real estate agent and a seller include a “holdover period”. This clause states that the seller is liable […]

Fixtures and Chattels: When in Doubt, Spell It Out

by: Robert Pacan Far too often, purchasers assume that certain items seen in prospective homes accompany the property on closing, but they soon find out that these items are now […]

Joint Tenants versus Tenants in Common: Quick Overview on the Types of Title Ownership

by: Robert Pacan So you’ve just bought a new house with your spouse, friend, or relative and your real estate lawyer asks you how you want to take title to […]

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