Real Estate Litigation Articles

New home owners need these protections

Bob Aaron bob@aaron.ca One of the greatest shortfalls in Tarion’s consumer protection is in the area of marketing pre-construction houses and condominiums, Bob Aaron says. A review of consumer protections for owners of new homes is set to get underway. Retired...

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Buyers can cancel property sale over misleading information

Bob Aaron bob@aaron.ca Sellers aren’t required to answer questions about their property, but they have to be truthful in what they say.Agreeing to fill out a Seller Property Information Statement makes the seller liable for the answers they give. Is a seller required...

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Here’s What to Ask Your Real Estate Lawyer

Bob Aaron bob@aaron.ca Insurance claims against Ontario real estate lawyers cost their insurance company an average of $20.7 million a year, according to a fact sheet published last week by LawPRO, the Law Society’s insurance company.  LawPRO provides mandatory errors...

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Missing the boat on waterfront laws

Bob Aaron bob@aaron.ca Under provincial law, the bottom of any navigable lakes or rivers typically belong to the Ontario Crown, and no docks or boathouses with foundations sitting on the bottom of a lake can be built without permission of the Minister of Natural...

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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,...

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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)...

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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...

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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...

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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...

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