Real Estate Litigation Articles

What if something bad happened in the home

Bob Aaron bob@aaron.ca Questions arise about obligation to disclose whether property has stigma Is a real estate agent obligated to disclose to purchaser clients whether the house they are interested in buying is stigmatized by a connection to a crime, murder,...

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Verify your correct unit listed in offer, deed

Bob Aaron bob@aaron.ca Title insurers shocked by claims over inaccuracies in documents. Ensure your lawyer checks your deed for the correct condo unit numbers. Or, better, do the review with your lawyer. Last month I wrote about a court case involving the purchase of...

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Ghosts among reasons to scare up legal advice

Bob Aaron bob@aaron.ca You may be obliged to disclose or discover murders, suicides or hauntings If a property in Ontario has been stigmatized as a result of a murder, suicide, death, haunting — or other unpleasant event — must this be disclosed to a purchaser? That...

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Court requires full disclosure in condo status certificate

Bob Aaron bob@aaron.ca Illegal third floor townhouse unit allowed to remain A major decision of the Ontario Court of Appeal last week has raised the bar on the level of due diligence required by condominium corporations in preparing status certificates. The origins of...

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Builder’s board can legally limit right to sue

Bob Aaron bob@aaron.ca Court of appeal rules against owners of Fleet St. condo who argued agreements between developer and directors it appointed should not apply Can a developer’s board of directors — appointed to serve at a new condo until owners can vote in their...

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New tax scrutiny for inherited real estate

Bob Aaron bob@aaron.ca Expert advice the best way to deal with will-bestowed inheritance Using excluded property will efficient way to avoid probate fees The Ontario government is cracking down on estate trustees who fail to declare accurately the full value of the...

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New-home buyers need better protection

Bob Aaron bob@aaron.ca Tarion, Law Society, Government failing in consumer protection role The 150 purchasers in the failed Centrium condominium project might not have lost their combined deposits of $14.9 million had the Law Society of Upper Canada and the Tarion...

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Agents on the hook for illegal in-law suites

Bob Aaron bob@aaron.ca Discipline hearings signal need for fuller knowledge about two-unit homes The Real Estate Council of Ontario (RECO), the body that licenses and governs real estate agents, is cracking down on representatives who advertise two-unit homes without...

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Will discipline hearing end risky SPIS form?

Bob Aaron bob@aaron.ca Seller’s form has prompted 200 Canadian court cases A recent decision of a discipline panel of the Real Estate Council of Ontario (RECO) could spell the end of the Seller Property Information Statement in Ontario. The SPIS is a disclosure form...

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Condo board fined for defying unit owners and court ruling

Bob Aaron bob@aaron.ca Directors must pay for flouting Condominium Act What happens if condominium board members fail to comply with the Condominium Act? That question was the focus of a case which ultimately wound up in Ontario’s Court of Appeal. In 2011, following...

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