Real Estate Litigation Articles
Why using a DIY building manual made a homeowner liable for negligent construction
Bob Aaron bob@aaron.ca A homeowner who used a “Reader’s Digest” manual to build a house that he later sold was found liable for negligent construction by the Ontario Superior Court earlier this month. Back in 1989, Noel Geneau built a house for himself and his wife in...
Ontario court rules this condo deal was the real deal
Bob Aaron bob@aaron.ca An Ontario court judge has ruled that buyers of a pre-construction condo unit could close their purchase transaction despite the builder terminating the deal. Instead of moving in, the Lucases allowed a friend, Renato Duarte, to move in...
Home buyers not helped by Tarion Warranty Corp.’s purchase rider, says Court of Appeal
Bob Aaron bob@aaron.ca Ontario’s highest court has levelled an unusually harsh blast at the Tarion Warranty Corporation, saying its compulsory addendum form which must be attached to every builder agreement is complex, difficult to follow and does not protect...
Should you invest in an RRSP or pay down your mortgate?
Bob Aaron bob@aaron.ca February is RRSP season, and there is no shortage of advice available to Canadians on tax-free investing before the deadline of March 2. One question which often arises at this time of year is whether homeowners should place available cash in an...
How two different foot measures caused property chaos in the U.S.
Bob Aaron bob@aaron.ca When it comes to real estate, most Canadians speak in terms of Imperial measurement. The majority of home offers I see show frontage and depth measurements in feet, even though we officially switched to the metric system during the time of the...
How Tarion’s newly mandated info sheet falls short of truly helping condo buyers
Bob Aaron bob@aaron.ca Since the start of 2020, every new purchase agreement for a pre-construction residential condominium is required to have attached to it an information sheet highlighting important issues that are part of a pre-construction transaction. The...
How the courts have shown it’s ‘buyer beware’ when purchasing property
Bob Aaron bob@aaron.ca One of the questions I’m frequently asked by home sellers is what issues they must disclose during the negotiation of a sale agreement. Any discussion of a seller’s disclosure obligation begins with the doctrine of caveat emptor: buyer beware....
When agents face heat for illegal income apartments
Bob Aaron bob@aaron.ca How does an interested buyer know if a home’s basement apartment is legal? And what information about basement apartments must real estate agents provide to buyers? Mohamed came to my office last month with an agreement to purchase a two-unit...
Backing out of a home purchase can cost you
Bob Aaron bob@aaron.ca This past year’s GTA real estate market may become known as the year of aborted transactions. Speaking to hundreds of real estate lawyers, both in person and online at a Law Society of Ontario seminar last month, Toronto lawyer Harry Herskowitz...
What condo owners should know about e-votes and e-proxies
Bob Aaron bob@aaron.ca What’s better for Ontario condominiums and their owners: electronic proxies or electronic voting? And what’s the difference? I recently wrote about solving the problem of condo owner apathy to meetings, where their votes are needed, by...
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