QUICK HITS Mark Sunderland filed a proposed class-action lawsuit alleging a conspiracy among major real estate brokerages as well as CREA and TRREB; Sunderland’s perspective is that he was obliged to pay the standard commission to the buyer’s agent...
When parties co-own a property, either as joint tenants or tenants in common, they retain the prima facie right to compel either a partition or sale of the property. However, a co-owner can be deprived of the right to compel a sale in circumstances of malice,...
Litigation often arises in the real estate realm when buyers and sellers clash over the disclosure of property deficiencies discovered after a transaction is finalized. In Bolduc v. Legault, the buyers took legal action against the seller, seeking compensation for...
QUICK HITS In a recent legal case, a plaintiff sued a home builder and her real estate agent, alleging that she had been misled into buying a semi-detached home instead of a fully detached one. During the discovery process, the plaintiff’s lawyer asked...
QUICK HITS The Ontario Superior Court of Justice ruled buyers of a house were not entitled to recover the balance of their deposit after they terminated their agreement of purchase and sale due to the developer’s failure to complete the property by the...
An Agreement of Purchase and Sale (APS) for a real estate transaction may sometimes have a condition that allows for review of the APS by a lawyer. Depending on the wording of the condition, the buyer or seller (or both) may have a time-limited right to terminate a...
