Real Estate Litigation Articles

Real estate agents are divided over disclosure form

Bob Aaron bob@aaron.ca One of the most controversial issues facing the real estate community is the use of the Seller Property Information Statement (SPIS), which is often provided by sellers to buyers to disclose various issues about a house being offered for sale....

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New right-of-entry bylaw is overkill

Power of entry is subject to a number of conditions and permit fees are costly A Star reader recently emailed me to say he was thinking of purchasing a property which is under construction but the seller told him that the neighbour is refusing access to his driveway...

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Disclosure document is an invitation to litigation

The vast majority of residential real estate transactions close as scheduled, without problems or disputes. The chances of any given real estate deal resulting in litigation involving the buyers, sellers and real estate agents increase dramatically when the agents...

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Buyers, check condo status certificates carefully

Bob Aaron bob@aaron.ca In the course of my real estate law practice in Toronto, I often review condominium status certificates for purchasers. Usually this is a fairly routine function, where the lawyer looks for arrears in common expense payments, underfunded reserve...

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Historic house turns into ‘renovation from hell’

Bob Aaron bob@aaron.ca When Amos Hertzman and Caitlin Pencarrick bought their small frame house in Vancouver's historical Strathcona neighbourhood five years ago, they never imagined it would turn into the "renovation from hell." Nor could they have anticipated that...

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Insist on fireplace inspection when purchasing home

Bob Aaron bob@aaron.ca I was reviewing an offer to purchase a Toronto house last week and was surprised to see a condition that I had never seen before in an offer on a city home. The clause made the agreement conditional on the buyer obtaining a satisfactory Wood...

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Sellers statement often results in expensive court proceedings

Back in the spring of 2004, Timothy and Cherese Scherbak signed a listing agreement to sell their property on Boland Ave. in Sudbury, using the services of Wendy Weddell and Re/Max Sudbury Inc. The Sellers Property Information Statement (SPIS), which they signed at...

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Privacy and personal photos at heart of case

A decision released by the Supreme Court of Canada last month raises the interesting question of how much privacy an individual may expect with respect to personal photographs taken inside his or her own home. The story began in June 2001. Agnieska Wojtanowska (Agnes)...

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A street by any other name is just as sweet

Bob Aaron bob@aaron.ca Some roads named in a person’s honour are well thought out; other choices come into question Searching title to a local condominium townhouse last month, I was surprised and pleased to discover a Toronto street name that was completely new to...

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Have mortgage financing in place prior to closing

Bob Aaron bob@aaron.ca Back in November 2005, Nahid Eskandapour signed an agreement with Lebovic Enterprises Ltd. to buy a new home on Colony Rd. in Richmond Hill. The closing was originally scheduled for Feb. 14, 2006, but was extended several times until the final...

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