Real Estate Litigation Articles
CREA steps back on a controversial new policy about home sale listings
The plan to begin mandatory public listings of homes for sale on Jan. 1 will now be put to a vote at the next annual general meeting, writes Bob Aaron. In the wake of a torrent of negative feedback, the Canadian Real Estate Association (CREA) has suspended its new...
Expect court challenges to law banning non- Canadians from buying property
Is the new law a genuine effort by Parliament to regulate immigration and citizenship, or a back door attempt to regulate property law, asks Bob Aaron. After January 1, 2023, it will be illegal for any non-Canadian to purchase residential property anywhere in Canada....
Why forcing home sellers to publicly list their properties is a bad idea
Many sellers choose exclusive listings because they don’t want their homes’ details and sale prices known, writes Bob Aaron. The Canadian Real Estate Association (CREA) has announced a change in its rules that will work against the best interests of home sellers...
A home purchase offer is legally binding once it’s signed
A buyer is obliged to complete the deal whether or not the deposit is paid, writes Bob Aaron. If a buyer has a change of heart after signing a purchase agreement, but before paying the deposit, is the contract still binding? That was the issue in a Superior Court case...
When pre-construction home buyers face builder demands for more money
Construction problems such as foreseen costs, and shortages of labour and materials, are issues for builders — not purchasers — to resolve, writes Bob Aaron. Just because a builder demands more money to build a new home or condominium does not mean that it is...
New provincial rules can’t stop pricey surprise fees for new homebuyers
Additional and high closing fees should not be billed to buyers in the final hours before their deals close, writes Bob Aaron. A group of buyers of new townhomes in Mississauga got the shock of their lives when, a few days before closing their purchases last month,...
It can cost you to back out of a purchase
Superior Court orders a buyer to pay over $600,000 to the builder of a Thornhill development where she walked away from her deal. Over the last five years, Ontario’s courts have been busy with litigation involving failed residential real estate transactions. When the...
Superior Court awards condo owner $30,000 in noise ruling
‘This singular issue has been outstanding … for the better part of 10 to 11 years,’ writes the justice in her decision about garbage room clamour. A case released by the Superior Court last month is a textbook example of how condominium boards should respond to noise...
Floor plan review is critical to a condo purchase
Make sure your lawyer confirms the unit you’re buying matches the building plans, writes Bob Aaron. A near disaster in closing 173 units in a new Guelph, Ont. condominium project last week underscores that the most important documents in any condominium purchase are...
Is it time to abandon the metric system in construction and real estate?
Our strange mix of using both Imperial and metric systems is hard to fathom by any measure, writes Bob Aaron. As Britain prepared to celebrate the Queen’s Platinum Jubilee last week, British Prime Minister Boris Johnson was expected to announce the country’s return to...
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