Real Estate Litigation Articles

Bob Aaron bob@aaron.ca September 8, 2007 Signing SPIS form remains a huge risk Whenever I write about Seller Property Information Statements (SPIS), which real estate agents often ask their seller clients to sign, I can always be sure of getting a significant number...

Bob Aaron bob@aaron.ca September 1, 2007 Title insurance policies can differ Are all title insurance policies the same? Are the coverages provided by the various title insurance companies so similar that it doesn’t matter which one you choose? These questions arise in...

Bob Aaron bob@aaron.ca August 25, 2007 Probate not necessary to sell house in most cases After her father died, Penny Wilcox decided to put his home on the market. She was in the process of listing it for sale when her real estate agent said that it could not be sold...

Bob Aaron bob@aaron.ca August 18, 2007 Relying on municipal records too risky In last week’s column, I wrote about a client of mine who signed an agreement to purchase a property on Burgess Ave., in the Beach neighbourhood. The lot size was advertised as 36 feet by 96...

Bob Aaron bob@aaron.ca August 11, 2007 Lack of land survey led to lot-size mistake Kia was looking forward to moving into his house on a corner lot on Burgess Ave in the Beach neighbourhood. Near Kingston Rd. and Woodbine Ave., the home has two kitchens, three...

Bob Aaron bob@aaron.ca August 4, 2007 Neighbours in talks after mutual drive dispute Of all the cases that reach our courts, perhaps the most bitterly contested are disputes between neighbours. A classic example of a disagreement which should never have gone before a...

Bob Aaron bob@aaron.ca July 28, 2007 Have your lawyer review purchase agreement before you sign anything A decision of a three-judge panel of the Ontario Divisional Court earlier this year highlights the risk of waiving conditions in a multiple-offer scenario. In...

Bob Aaron bob@aaron.ca July 21, 2007 UFFI clause has outlived its purpose Virtually every residential real estate sale agreement in Ontario contains a clause concerning urea formaldehyde foam insulation (UFFI). Typically, the clause is a warranty that the seller has...

Bob Aaron bob@aaron.ca July 14, 2007 Ruling may have major impact on TARION An appeal decision by the Ontario Divisional Court released in April could result in a significant change in the way homeowner claims are treated under the Ontario New Home Warranties Plan Act...

Bob Aaron bob@aaron.ca July 7, 2007 Old fence makes for warring neighbours A recent decision of the Ontario Superior Court emphasizes how risky it is to take the law into your own hands when it comes to boundary disputes, and how important it is to review a land...