Real Estate Litigation Articles
Appeal court agrees: Condo developers need to disclose all features to buyers
Bob Aaron bob@aaron.ca The Ontario Court of Appeal has affirmed the obligations of condominium developers to provide buyers with complete and transparent disclosure of a proposed project’s features. This includes a budget statement which fairly and accurately reveals...
Dangers of using a Seller Property Information Statement. It can cost you big.
Bob Aaron bob@aaron.ca A court case decided in Bracebridge last month emphasizes the risks of using a Seller Property Information Statement. It also illuminates the risks of having the same agent act for both the buyer and seller. In July 2014, Aden and Shirley Bowman...
A co-housing agreement can make living arrangements easier for homeowners
Bob Aaron bob@aaron.ca With Toronto’s high housing prices, more attention is being focused on the concept of co-housing with buyers sharing occupancy and ownership costs of buying a home. Last month, Star real estate reporter Tess Kalinowski wrote about a new...
Expert witness’s knowledge of typography proves trust papers forged
Bob Aaron bob@aaron.ca When Canadians file for bankruptcy, most of their assets — including houses and cottages — become the property of the trustee in bankruptcy and are sold to pay creditors. One of the few exceptions to this rule occurs when the bankrupt person...
This property owners’ fight for land severance plan was needlessly hard
Bob Aaron bob@aaron.ca One way of making better use of the scarce residential land we have in the GTA is to intensify housing. The City of Toronto’s official policy is pro-intensification. But its planning department seems to be actively opposed to squeezing more...
‘Idiotic’ Toronto policy stymies mayor’s affordable housing plan
Bob Aaron bob@aaron.ca Urban planner Sean Galbraith demonstrated — in recent Twitter posts — how Toronto’s own zoning regulations are standing in the way of Mayor John Tory’s goal to create 40,000 affordable housing units. Galbraith, of Galbraith & Associates,...
In a property deal, phrases like ‘to be verified’ can be costly — over $100K in this case
Bob Aaron bob@aaron.ca The Ontario Court of Appeal has reversed a lower court’s decision allowing the seller of a Toronto property to keep the $100,000 deposit of a buyer who refused to close the deal. Nancy Ann Pringle owned a detached, two-storey house on a corner...
Convert your thinking on property measurements
Bob Aaron bob@aaron.ca It never fails to amaze me how the real estate community stubbornly sticks to the old imperial measurements in a country which supposedly converted to the metric system back in the 1970s. Let’s take the marketing of real estate. The generally...
Property deposits are forfeited, even if sale doesn’t go through
Bob Aaron bob@aaron.ca What happens to the buyers’ deposit when they renege on the purchase agreement for a house and the owners resell for a higher price? That was the case in a 2016 sale of a house on Ravensbourne Cr., in Toronto. Davood and Hakimeh Shabestari...
Homebuyers should be very careful when reading property purchase agreements
Bob Aaron bob@aaron.ca What happens when there is a significant discrepancy between the way a home is described on an MLS listing, and the details in the Agreement of Purchase and Sale? That was the issue in a court case decided earlier this year regarding a March...
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