Real Estate Litigation Lawyers
Real Estate Agent and Broker Liability
Real estate agents and brokers in Ontario are licensed professionals who are subject to a range of legal and professional obligations. These obligations are designed to protect the interests of their clients and to ensure that they provide accurate and complete information to buyers and sellers. However, real estate agents and brokers can be held liable if they breach these obligations or if they engage in misconduct or negligence.
Real estate agent and broker liability in Ontario can take many forms, including:
Real estate agents and brokers are required to provide accurate and complete information to their clients. If they provide false or misleading information, they can be held liable for misrepresentation.
Example: A real estate agent may provide inaccurate information about the condition of a property, such as failing to disclose a major defect, which can result in a breach of their obligation to provide complete and accurate information.
Breach of fiduciary duty
Real estate agents and brokers owe their clients a fiduciary duty, which means that they are required to act in the best interests of their clients. If they breach this duty, they can be held liable for damages.
Example: A real estate agent may represent both the buyer and seller in a transaction, which can create a conflict of interest and result in a breach of their fiduciary duty to act in the best interests of their client.
Real estate agents and brokers have a duty to exercise reasonable care and skill in the performance of their duties. If they fail to exercise this duty and cause harm to their clients, they can be held liable for negligence.
Example: A real estate agent may fail to disclose a known defect in a property or fail to recommend a proper inspection, which can result in a breach of their duty of care.
Failure to disclose
Real estate agents and brokers are required to disclose any known defects or material facts about a property to potential buyers. If they fail to disclose this information, they can be held liable for damages.
Example: A real estate agent may fail to disclose that a property is located in a flood zone, which can result in a breach of their obligation to disclose material facts about the property.
In Ontario, real estate agents and brokers can be held liable for damages if they breach their professional obligations or engage in misconduct or negligence. Real estate agent and broker liability can be resolved through negotiation, mediation, or litigation, depending on the nature and complexity of the dispute. Legal arguments may involve issues related to contract law, tort law, and professional ethics, as well as the relevant laws and regulations governing real estate agents and brokers in Ontario.
Boundary disputes in Ontario involve disagreements between property owners over the location and ownership of a property’s boundary.
Land Use Disputes
Real Estate Litigation Consulting
Title Insurance Claims
Real Estate Fraud
As a litigation law firm, we understand that real estate fraud can be a serious problem for individuals and businesses. We know that it typically involves deceptive practices in real estate transactions, such as mortgage fraud, misrepresentation of property values, and other types of fraudulent behavior. We also know that real estate fraud can be perpetrated by individuals, real estate agents, brokers, or other parties involved in the transaction.
Real Estate Contracts
Real Estate Agent and Broker Liability
Mortgage and Foreclosure Litigation
Mortgage and foreclosure litigation can be complex and require legal expertise to resolve. In Ontario, mortgage and foreclosure litigation is governed by the Mortgages Act and other relevant legislation.
Easements and Rights of Way
Easements are legal rights granted to someone other than the owner of a property to use a specific portion of the property for a specific purpose.
In Ontario, easements are governed by the common law and the Land Titles Act, which provides for the registration of easements on a property’s title.
Whether you are a landlord seeking to evict a tenant, or a tenant facing eviction or other legal issues, our team is here to help. We provide comprehensive legal services, including negotiating settlements, representing clients at the Landlord and Tenant Board, and pursuing litigation in court.
Commercial Leasing Disputes
Leasing disputes in Ontario involve legal disputes between landlords and tenants over the terms and conditions of a lease. Leasing disputes can be complex and require legal expertise to resolve. In Ontario, leasing disputes are governed by the Residential Tenancies Act (RTA) and the Commercial Tenancies Act (CTA), depending on the type of lease involved.
Agreements of Purchase and Sale
Breach of contract claims can be highly complex and can arise in a variety of situations where one party fails to fulfill their obligations under a contract. This can occur in a wide range of legal agreements, including contracts related to real estate transactions, employment agreements, sales contracts, construction agreements, and more.
Joint Venture and Partnership Disputes
Joint venture and partnership disputes arise when two or more parties collaborate on a real estate project. Disputes can arise over issues related to ownership, management, and financing.