Real Estate Litigation Articles

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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Buying inducements must be disclosed

Bob Aaron bob@aaron.ca Lenders need to have all pertinent information to prevent mortgage fraud allegations An Alberta court has ruled that the contents of a lawyer's file in a real estate transaction may be disclosed to the police when no legal advice was provided to...

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Straw homebuyer scheme is illegal

Bob Aaron bob@aaron.ca Melanie came to her lawyer's office in tears. Two years earlier she had received $5,000 from a "friend" to allow her name to be used on the purchase of a property by someone who could not qualify for bank financing. She signed some papers, which...

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Is green roof bylaw valid or a cash grab?

Bob Aaron bob@aaron.ca Late last month, Toronto became the first city in North America to adopt a bylaw requiring the construction of green roofs on new developments. It comes into force Jan. 31, 2010. A green roof is a system where a vegetated area becomes part of...

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Chinese drywall creating crisis

Bob Aaron bob@aaron.ca The issue of toxic Chinese drywall may well become the biggest environmental crisis to hit North American homeowners and builders in decades. The defective Chinese drywall emits toxic hydrogen sulphide, sulphur dioxide and other gases. It is...

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Case must be strong if you decide to sue lawyer

Bob Aaron bob@aaron.ca Sonia James learned the hard way that it’s not always a good idea to sue your lawyer and blame your misfortunes on him or her. In late 2002, James signed an agreement to buy a house under construction in Whitby. Just before closing the following...

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