Real Estate Litigation Articles
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...
So you’re having an open house. Remember to tell your realtor sex is not OK
Bob Aaron bob@aaron.ca Real estate lawyers get asked all kinds of oddball questions. Last week, one of my colleagues asked me how to respond to his client’s query about returning after an Open House at her home to find one of the neatly-made upstairs beds in complete...
Condo owner on the hook for inaccurate ‘clean’ status certificate
Bob Aaron bob@aaron.ca What happens when an owner receives an incorrect status certificate issued by a condominium corporation? That was the issue in a case before the Ontario Court of Appeal earlier this year. Back in 2013, Dante Reino purchased a condo unit from his...
Derailing energy audits will benefit home sale process
Bob Aaron bob@aaron.ca Ford’s call to derail energy audits will benefit the home sale process The Ontario government’s decision to repeal the Green Energy Act has also changed the rules for homeowners looking to sell their properties In an email to me last week,...
Clearing the smoke on condo no-smoking rules before cannabis legalization
Bob Aaron bob@aaron.ca There is no right enshrined Canadian law that allows smoking either cannabis or tobacco in a rental property With the legalization of marijuana next month, landlords, tenants and condominium owners may still be uncertain about their rights to...
Make an offer, but beware — in an uncertain market, property law can hurt you
Bob Aaron bob@aaron.ca An Ontario Superior Court ruling this year urged property buyers against overextending their finances in the wake of a failed deal. “When the residential real estate market is a rising market, most people — perhaps with the exception of...
Cottage purchasers need to know land boundaries of lakefront property
Bob Aaron bob@aaron.ca Fluctuating lake levels put the principle of accretion to the test in a recent court case "Buy land," wrote Mark Twain. "They’re not making it anymore." But he wasn’t quite correct. The famous author probably didn’t know about the legal...
Do the homeowners or photographers own the rights to photos of the property?
Bob Aaron bob@aaron.ca While staging is a very beneficial part of real estate sales process, buyers and sellers should always clarify what use will be made of the photos. When the sellers of a home hire a stager to help market and sell it, who owns the rights to the...
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