by James R.G. Cook | Feb 27, 2025 | Columnists, Legal Issues
QUICK HITS A buyer who failed to close on a Burlington property due to lack of funds attempted to rely on legal defences of force majeure and frustration, citing difficulties accessing inherited money from Afghanistan and a failed sale of another property. The...
by James R.G. Cook | Feb 7, 2025 | Legal Issues
In addition to acting on purchases and sales, real estate agents may be engaged to find tenants for their clients. The services provided in this regard can include listing the rental property and vetting potential tenants. If a tenant found through the listing...
by James R.G. Cook | Dec 19, 2024 | Legal Issues
QUICK HITS When the buyers of a $937,400 home backed out of the deal, they claimed the contract was void because deadlines had been missed. The court found that their actions—like paying deposits and not cancelling the agreement earlier—showed they intended to...
by James R.G. Cook | Dec 3, 2024 | Legal Issues
QUICK HITS In Ali v. Patel, the Ontario Superior Court ruled that no binding agreement of purchase and sale was formed because the seller’s inclusion of Schedule B, which was not signed by the buyer, constituted a counteroffer rather than acceptance of the...
by James R.G. Cook | Nov 22, 2024 | Legal Issues
Cases arising from failed residential real estate transactions in a falling market reaffirm that buyers who breach purchase agreements may face significant financial repercussions. Often, buyers argue that sellers have failed to mitigate losses by not re-listing the...
