April 18, 2020

Residential

Seller Walkthrough Video instead of in-person showings? Great Idea! BUT…

Seller Walkthrough Video instead of in-person showings? Great Idea! BUT, Sellers, don’t provide commentary. Let your Agents talk about the property with a voiceover. Ricky Rathore, BComm., LL.B(hons), ABR®, SRS®, Real Estate Lawyer* & Real Estate Broker/Owner** This video is provided for informational purposes only and should not be construed, implied, or relied on as … Continue reading Seller Walkthrough Video instead of in-person showings? Great Idea! BUT…

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April 18, 2020

Residential

State of Emergency Clauses and Closings:

State of Emergency Clauses and Closings: Ricky Rathore, BComm., LL.B(hons), ABR®, SRS®, Real Estate Lawyer* & Real Estate Broker/Owner** This video is provided for informational purposes only and should not be construed, implied, or relied on as legal advice. If you require legal advice, consult your lawyer or give us a call to discuss how … Continue reading State of Emergency Clauses and Closings:

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April 18, 2020

Residential

RBC: Pandemic throws housing market off course

Key Findings: 1) The number of transactions has declined; 2) Inventory is still low; 3) Property values are holding up; 4) Buyers and sellers expected to lay low while containment measures are in place See full article: https://thoughtleadership.rbc.com/pandemic-throws-housing-market-off-course/?utm_medium=email&utm_source=salesforce&utm_campaign=housing

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April 18, 2020

Residential

LISTEN NOW – RBC: Quiet resilience in Canada’s housing markets.

SUMMARY:1) resales and listings are at about half of where they should be in April2) prices remained stable because Supply and demand conotinues to dwindle. Sellers are deciding to wait to list. Relationship between the supply and demand supported prices in Toronto and Montreal and prices continue to accelerate to some extent.3) Housing expected to … Continue reading LISTEN NOW – RBC: Quiet resilience in Canada’s housing markets.

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February 19, 2020

Residential

Joo v. Tran, 2002 ONSC 806

Can I Walk away from a deal because of an Easement? Joo v. Tran, 2002 ONSC 806 Sellers seek damages for a failed transaction. Buyers argue that they raised requisitions allowing them to terminate the agreement. Survey disclosed 4 easements which were “material”. Buyer’s solicitor requisitioned the easements including Transfer of easements to the Town … Continue reading Joo v. Tran, 2002 ONSC 806

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December 20, 2019

Residential

CITATION: Xing v. Yucca Lands Ltd., 2019 ONSC 615

Summary: Buyer seeks the return of monies paid in accordance with the Agreement of purchase and sale which was terminated by the seller for alleged defaults by the Buyer. Seller seeks a declaration that the deposits and other monies paid by the Buyer be forfeited due to the default. A standard form schedule “X” formed … Continue reading CITATION: Xing v. Yucca Lands Ltd., 2019 ONSC 615

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December 18, 2019

Residential

Perkins v. Sheikhtavi, 2019 ONCA 925

Summary: Appellant claims the Agreement of purchase & sale was frustrated. Or alternatively, that there was an IMPLIED condition in the agreement that the offer was conditional on the sale of her home and for financing. Originally, the home was listed for sale March 2017. 13 offers were made on the home. The appellants offer … Continue reading Perkins v. Sheikhtavi, 2019 ONCA 925

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December 4, 2019

Residential

CASE: Issa v. Jarrah, 2019 ONSC 6744

SEE VIDEO: CASE:  Issa v. Jarrah, 2019 ONSC 6744 Summary: Buyer sues for a declaration that the agreement of purchase and sale is null and void and seeks rescission and sues for the return of the $50,000 deposit plus interest. Keller Williams Agency acted for both the Seller(s) and Buyer(s) in this transaction.  During the viewing of … Continue reading CASE: Issa v. Jarrah, 2019 ONSC 6744

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November 8, 2019

Residential

Sankarsingh v. Ali, 2019 ONSC 5655

  Sankarsingh v. Ali, 2019 ONSC 5655 SUMMARY: Firm offer, buyer failed to close. Sellers claim that the only reason the Buyers failed to close was “because they came to regret entering the agreement after an unexpected downturn in the real estate market”. Buyers plead that they were “induced into entering the agreement through a … Continue reading Sankarsingh v. Ali, 2019 ONSC 5655

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November 8, 2019

Residential

Winch v. He, 2019 ONSC 5874  

  CITATION: Winch v. He, 2019 ONSC 5874   SUMMARY: Buyer purchases property and was unable to obtain financing. Transaction failed to close. Seller resold property for a lower price and sues for the difference in the purchase price as well as other costs. Buyer commenced a claim against the Real Estate Agents representing him in … Continue reading Winch v. He, 2019 ONSC 5874  

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September 18, 2019

Commercial

Arista Homes (Boxgrove Village) Inc. v. Lakhany

SUMMARY:On June 30, 2017, the defendant, Lakhany agreed to purchase a residential home from Arista Homes with $100,000 in deposits and scheduled to close June 19th, 2018 – Buyer fails to close. Video Summary: Arista seeks to recover damages for breach. Buyer argues that Arista failed to mitigate loss and disagrees as to the assessment … Continue reading Arista Homes (Boxgrove Village) Inc. v. Lakhany

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July 30, 2019

Residential

Forest Hill Homes v Ou, 2019 ONSC 4332

MUST READ CASE: Forest Hill Homes v Ou, 2019 ONSC 4332 KEY WORDS: Bribes; Frustration/force majeure – Changing Market Conditions; New Build, Delayed Closing; Misrepresentation by the Seller’s sales agent; Interest Payable on Default Summary/Key Principles: Buyer failed to close in accordance with Agreement of purchase & Sale for property acquired for $1,699,990.00 + Adjustments … Continue reading Forest Hill Homes v Ou, 2019 ONSC 4332

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July 18, 2019

Residential

Greco v. Padovani, 2019 ONSC 4105 (CanLII)

Excellent review of Deposits/Relevant precedents & principles: Overview: Failed Real Estate Transaction – applicant brings an application for a declaration that they are entitled to deposits paid by the Respondent pursuant to the APS, totaling $400,000. Summary/excerpts of Sections pertaining to Deposits (excerpts/Summary): “…It is well established that a deposit is intended for forfeiture to … Continue reading Greco v. Padovani, 2019 ONSC 4105 (CanLII)

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June 6, 2019

Residential

FRIESE V. ARFA

INTERESTING CASE – BREACH OF CONTRACT/MITIGATION/DAMAGES Friese v. Arfa, 2019 ONSC 3332 SUMMARY: Buyer signs Agreement of purchase and sale and fails to close. Seller commences action for specific performance and in the alternative, damages. Buyer counterclaims seeking the APS to be deemed at an end and the deposit of $15,000 to be returned without … Continue reading FRIESE V. ARFA

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April 10, 2019

Residential

Tibbles v. Gloster, 2019 ONSC 2167

INTERESTING CASE KEY POINTS: A Real Estate Agent working as a part of a Real Estate Team are pursuing Buyers for defamation, damages for unjust enrichment etc. Buyers had retained the Agent to assist them to find a home in Ottawa. The retainer ended when the Buyers were about to make an offer on a house and … Continue reading Tibbles v. Gloster, 2019 ONSC 2167

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April 5, 2019

Residential

Cook v. Harvey Kalles Real Estate Ltd. 2019

OVERVIEW: Cook – a former Real Estate Agent with Harvey Kalles (HK) brings a motion for summary judgement for $187,500 + HST for commissions earned + the Brokerage “fees”. Plaintiff’s motion for summary judgment – Granted. SUMMARY: In May, 2017, Godfrey (a former Real Estate Agent – lapsed license) contacted Mr. Kalles to see a … Continue reading Cook v. Harvey Kalles Real Estate Ltd. 2019

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March 17, 2019

Residential

Bowman v. Martineau , 2019 ONSC 1468 (CanLII)

INTERESTING CASE: Bowman v. Martineau , 2019 ONSC 1468 (CanLII) EXEC SUMMARY: Buyers purchase home. After the closing, the buyers discovered severe water and mould damage from water perpetration through the building envelope. Agent was acting in Multiple Representation Capacity representing both buyers and sellers. Buyer sues: 1) Home inspector; 2) Sellers; 3) Salesperson; 4) … Continue reading Bowman v. Martineau , 2019 ONSC 1468 (CanLII)

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March 17, 2019

Residential

Paradise Homes North West Inc. v. Sidhu, 2019 ONSC 1600

INTERESTING CASE: Paradise Homes North West Inc. v. Sidhu, 2019 ONSC 1600 SUMMARY: Buyer enters APS dated March 4, 2017 to purchase 10 Truro Circle in Brampton, Ontario for $819,990.APS required payment of pay five deposits. 4 were paid by the Buyer and the 5th was defaulted. Buyer requested an extension and subsequently the cheque … Continue reading Paradise Homes North West Inc. v. Sidhu, 2019 ONSC 1600

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March 7, 2019

Residential

Murphy-Larade v. Inpanayagam, 2019 ONSC 715

INTERESTING CASE – These types of cases are becoming more frequent – Buyers beware! Murphy-Larade v. Inpanayagam, 2019 ONSC 715 Exec Summary: Seller brings forward motion for summary judgement seeking damages for a failed Agreement of purchase and sale – Granted Interesting that the Judge found that the deposit of $15,000 was applied as consideration … Continue reading Murphy-Larade v. Inpanayagam, 2019 ONSC 715

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February 22, 2019

Residential

Karami v. Kovari 2019

A VERY INTERESTING CASE HEADING TO TRIAL Karami v. Kovari 2019Buyer’s bring a Motion for Summary Judgement (seeking a ruling without trial)Summary of facts:Real Estate transaction fails to close on November 2nd, 2017. Buyer sues for the return of his $150,000 deposit. Seller claim the deposit and counter-sues in damages of $854,900Buyer’s Argument: Purchase price … Continue reading Karami v. Kovari 2019

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February 22, 2019

Residential

Zou v. Sanyal, 2019 ONSC 738

INTERESTING CASE: Zou v. Sanyal, 2019 ONSC 738 SUMMARY: sellers pursue the purchasers for declaratory relief and damages arising from the alleged breach of the Agreement of Purchase & sale caused by the Buyer’s failure to close. INTERESTING POINTS & OUTCOMES: 1) On closing day, Buyer’s Lawyer advised that his clients’ position was that the … Continue reading Zou v. Sanyal, 2019 ONSC 738

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February 22, 2019

Residential

Ontario Taking Action to Transforming Tarion Warranty Corporation’s Broken System to Protect Ontario Families

Ontario Taking Action to Transforming Tarion Warranty Corporation’s Broken System to Protect Ontario Families The province is transforming Tarion Warranty Corporation and implementing initiatives to better protect purchasers of CANCELLED pre-construction condominium projects. The government is taking action by: 1)Establishing a separate regulator from Tarion for new home builders and vendors to address conflicts of … Continue reading Ontario Taking Action to Transforming Tarion Warranty Corporation’s Broken System to Protect Ontario Families

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February 21, 2019

Residential

Mohsin v. Empire Communities (Mount Pleasant) Ltd. 2019 ONSC 852

Very Interesting Case: Mohsin v. Empire Communities (Mount Pleasant) Ltd. 2019 ONSC 852 SUMMARY: In 2015, Purchaser signs an agreement to purchase a property and a house to be built on it. After the house was constructed, the transaction did not close – Buyer sues for the return of his $40,000 deposit and for approximately … Continue reading Mohsin v. Empire Communities (Mount Pleasant) Ltd. 2019 ONSC 852

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February 21, 2019

Residential

Fenlon v Newton, 2019 CanLII 10130 (ON SCSM)

INTERESTING CASE: Fenlon v Newton, 2019 CanLII 10130 (ON SCSM) SUMMARY: 1) Buyer seeking damages of $11,618.25 plus for: a. breach of contract; b. negligent misrepresentation 2) Parties entered into an Agreement of purchase and sale during the “hot” real estate market and to “win” the Buyers waived a home inspection 3) Agreement had the … Continue reading Fenlon v Newton, 2019 CanLII 10130 (ON SCSM)

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April 11, 2018

Commercial

A Real Estate Metropolis

RE/MAX Empire - a Real Estate Empire.

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April 6, 2018

VLOG – I listed an Assignment for Sale on MLS and now my Client’s in Breach of Contract??

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January 20, 2017

Buying a home with a Basement Apartment

From the 1950s, some municipalities (led by Toronto) started allowing home-owners to construct second suites in their semi-detached and detached homes.

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September 26, 2016

Commercial

“My landlord charged me 6 months’ rent upfront as a deposit because I had bad credit. Now he’s bankrupt, and the Bank is knocking on my door” – Understanding the Residential Tenancies Act – Illegal & Unenforceable Terms and Conditions and Deposits

This is one of various examples of the challenges and pitfalls faced by parties to a contract,...

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September 26, 2016

Residential

“My Tenant turned my Million Dollar Property into a Grow House!” – Landlord’s Perspective on Tenanting a Property

I was recently approached by a Dear Friend who couldn't believe that after renting to various Tenants...

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