Real Estate Litigation Articles

Bob Aaron bob@aaron.ca Can a buyer refuse to close the purchase of a new home if there are deficiencies in construction, forgotten or incomplete items, or unauthorized changes to the design, layout or materials? That question was the subject of a paper presented to a...

Bob Aaron bob@aaron.ca The Great SPIS Myth It's time to reveal The Great SPIS Myth the prevailing fiction about the Seller Property Information Statement (SPIS), a disclosure form published by the Ontario Real Estate Association (OREA). Although its use is endorsed...

Bob Aaron bob@aaron.ca With the proclamation of the Green Energy Act, 2009, Ontario has moved one step closer to requiring mandatory energy audits on the sale of residential properties. Section 3 of the new legislation is the only part of the law that has not yet...

Bob Aaron bob@aaron.ca Just how much privacy can a person expect in the comfort of his or her own home, free from any government intrusion? That was the question considered in August by a three-judge panel of the Alberta Court of Appeal. The case involved the home of...

Bob Aaron bob@aaron.ca Terry is a 23-year-old public servant, having recently graduated with a bachelor of commerce degree. He is ready to buy his first home, and came to my office last month to review a 33-page offer prepared by the builder of the condominium tower...

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....

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...

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...

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...

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...