Real Estate Litigation Articles
Agents must review home inspections with purchasers
Bob Aaron bob@aaron.ca This case is a lesson for real estate agents. A decision from the Ontario Superior Court in July highlights the obligation of real estate agents to review home inspections with their clients. Suzanne Powell and her mother Joyce Powell wanted to...
When a property survey is more important than the deed
Bob Aaron bob@aaron.ca A 2015 study showed that of 1.2 million freehold residential properties in the Greater Toronto Area, almost half of them have significant boundary issues, most of which would not be covered by title insurance. Is a property survey important? Is...
Buyer paid for property he did not get
Bob Aaron bob@aaron.ca Land actually belonged to City of Toronto despite tax bill and assessment that listed it as the homeowners The most important thing a real estate lawyer must do for his purchaser clients is to confirm the exact dimensions, and location, of the...
Plumbing bill quarrel becomes pricey court action
Bob Aaron bob@aaron.ca Expensive proceedings are not always the answer in solving disputes. A recent case involving a Toronto co-ownership building illustrates why expensive court proceedings are not always the solution to disputes between owners and their buildings’...
Alberta condo sale complicated by Fort McMurray wildfire
Bob Aaron bob@aaron.ca Condo owners paid $21,000 special assessment fees and sale closed; then entire condominium complex burned down. What happens if a real estate purchase and sale agreement does not cover an event that neither the buyer nor seller contemplated when...
Ontario court rules homeowners are not obligated to pay park maintenance fees
Bob Aaron bob@aaron.ca This ruling means many associations will lack the power to enforce payments Collecting homeowner fees to maintain private roads and other shared services just became more difficult in Ontario. A recent ruling by the Ontario Court of Appeal...
‘Escalation’ clause ignites privacy, ethics code concerns: Property Law
Bob Aaron bob@aaron.ca Purchase provision allows automatic increase in offer to beat another buyer’s top bid. The Ontario Real Estate Association (OREA), which represents 70,000 real estate agents and brokers, has become involved in a public spat over the use of the...
‘Detached’ home for sale is actually linked to property next door
Bob Aaron bob@aaron.ca After signing an agreement, couple found out their house was connected underground to their neighbour. When is a detached house not detached? That was the question facing the "Smiths" late last month. The couple came to see me after they signed...
Real estate tax demands lawyers verify the unverifiable
Bob Aaron bob@aaron.ca The Ontario government requires information be culled about prospective buyers that is nearly impossible to authenticate. Last month’s introduction of the 15-per-cent Non-Resident Speculation Tax has turned real estate lawyers into agents for...
Home Inspection Act finally passed: Property Law
Bob Aaron bob@aaron.ca Until the new legislation was passed last month, anyone with a flashlight and a business card could call himself or herself a home inspector. The Ontario government last month finally passed legislation to regulate the home inspection industry...
Carlson & Associates
Real Estate Litigation Lawyers
Contact us today to learn more about how we can assist you.
