Real Estate Litigation Articles
A new home’s floor should not be this noisy
Bob Aaron bob@aaron.ca Panel determines that repairs are responsibility of Tarion A squeaky wooden floor was at the centre of a recent decision by the Ontario Licence Appeal Tribunal that overruled the province’s Tarion Warranty Corporation on the matter. In July,...
Home buyer’s contract delivered empty promises
Bob Aaron bob@aaron.ca “On closing” a tricky phrase when trying to ensure equipment is sound Tracy Lynn Robinson and her husband bought a house in Milton last year. The purchase agreement contained a warranty that the appliances and fixtures (including the furnace)...
Condo’s pet restriction muzzles couple’s Human Rights claim
Bob Aaron bob@aaron.ca If you plan to fight a condominium corporation, says Bob Aaron, be prepared for a ‘very risky and expensive undertaking.’ A dog’s size can work against it, and its owners, after a recent court case agreed a condominium’s can ban pets weighing...
Seller, homebuyer sinking in suits over flood damage
Bob Aaron bob@aaron.ca Is there a legal obligation for a seller to disclose pre-closing flood damage to the buyer? A court case over disclosure of basement flooding between a seller and buyer could make it to the Supreme Court of Canada. Does the seller of a house...
New home HST rebate endangered by incomplete details
Bob Aaron bob@aaron.ca Be smart and ensure address changes are complete – especially on government forms A Tax Court of Canada decision last month can help buyers of new homes and condos ensure they qualify for the HST new home rebate. The court’s finding is also a...
Electronic signatures legal in real estate deals staring July 1, 2015
Bob Aaron bob@aaron.ca Need for written contracts dated back to a 1677 English law Next week marks a sea change in Ontario real property law when it becomes legal to electronically sign agreements of purchase and sale, as well as deeds and mortgages creating or...
Hidden purchase fees can cost you thousands
Bob Aaron bob@aaron.ca Real estate agents and builders don’t always tell you about the thousands of dollars in hidden fees Two areas involving builder agreements of purchase and sale that cry out for action by the new homes provincial watchdog are disclosure of...
Mom helping son with down payment ends miserably
Bob Aaron bob@aaron.ca When parents assist with a down payment, it’s important to clarify in writing whether it is a gift or a loan before families fall apart. With the high price of housing these days, more buyers are turning to the Bank of Mom and Dad for help in...
Condo Act reform may cause more trouble than it solves
Bob Aaron bob@aaron.ca New tax to cover the cost part of proposal for Condo Office "If Shakespeare was alive today and owned a condo in Ontario (let's say Stratford), he would have ample material for a new play about disagreements in condo projects." So begins a...
Only buyer, specific relatives can be on title for HST rebate
Bob Aaron bob@aaron.ca Having her uncle on title to get financing disqualifed an Oakville woman for federal rebate. Back in June 2011, Angela Maria Henao and her aunt signed an agreement to buy a new house on Quetico Cres. in Oakville. With the June 2012, closing date...
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