by REM Editorial Team | Sep 2, 2011 | Advice for Agents, Legal Issues
By Donald H. Lapowich When determining real estate agents’ commission, watch the words you use. In this case, the words were notes on an exclusive listing agreement. The agreement required a commission if a transaction was completed during the 180-day extended period...
by REM Editorial Team | Aug 9, 2011 | Advice for Agents, Legal Issues
Situations often arise where an initial action between, for example, a vendor and purchaser is before the courts and must be decided in order to determine if specific performance should be granted and if the party seeking relief was “ready, willing and able to...
by REM Editorial Team | Jul 12, 2011 | Advice for Agents, Legal Issues
By Donald H. Lapowich The words used in contracts and amendments must always be carefully considered and prudently devised. The plaintiffs purchased a number of condo suites and under their purchase agreement, the completion date was estimated as Sept. 28, 2007, but...
by REM Editorial Team | Jun 2, 2011 | Advice for Agents, Legal Issues
After a settlement was reached in a recent legal case, the appellant disputed the finding of the basis of a settlement. Meanwhile, the other party cross-appealed because the judge refused to enforce the release, which was a term of the settlement. The person appealing...
by REM Editorial Team | May 5, 2011 | Advice for Agents, Legal Issues
As readers of REM will know, causation and proof of same against professionals is one of my favourite defences to malpractice. An oral maxillofacial surgeon leased space in a hospital that was being renovated. A patient complained of disorientation and dizziness. The...
by REM Editorial Team | Apr 7, 2011 | Advice for Agents, Legal Issues
By Donald H. Lapowich Here’s some information about an American case involving lawyers in a potential E & O case. I’m writing about it because of the recent changes to CREA’s rules and the debate about offering “partial” versus “complete” real estate services to a...
