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Who is the Client in the Home Staging Contract?

by on October 16, 2010

Home Staging ~ Who is the Client? By Brian Madigan LL.B. (Ontario Real Estate Source) This presents a somewhat intriguing question. Just who is the client? Really, there are just two possibilities: 1) homeowner, or 2) real estate agent. As you can appreciate, issues such as allegiances, costs, expenses, discounts, credits, future business, conflicts of [...]

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No Reading the Contract is no Excuse!

by on September 13, 2010

The Non Est Factum Defence By Brian Madigan LL.B. (Ontario Real Estate Source) The “non est factum” defence is a principle in law that a person may not be liable for their contract if they did not fully understand and appreciate what they may have been signing. A person who is drunk, a person who [...]

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Minors and the Real Estate Acquisition

by on May 2, 2010

Minors and the Real Estate Acquisition By Brian Madigan LL.B. (Ontario Real Estate Source) Generally, the law does not wish to have minors entering into contracts, without proper guidance. Consequently, the law requires that a minor may only contract for something that is a necessity. That is a very restricted definition and varies from one [...]

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Two Versions of Disputed Contract

by on December 9, 2009

Two Versions of Disputed Contract By Brian Madigan LL.B. There were actually two separate versions of a contract between Rogers and Aliant, one in English and the other in French. The CRTC ruled in favour of Aliant several years ago, applying the rules of English grammar. A comma made all the difference when it came [...]

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Disclosure Statement Not Part of Agreement ~ Buyer Left Without Remedy

by on November 10, 2009

Disclosure Statement Not Part of Agreement ~ Buyer Left without Remedy By Brian Madigan LL.B. The Csada and Williams lawsuit is a case which involves the use of the Property Condition Statement in the Province of Saskatchewan pursuant to the terms of a residential agreement of purchase and sale. Mr. and Mrs. Csada submitted an [...]

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Half-Truth by Seller Leads to Liability

by on November 9, 2009

Half-Truth by Seller Leads to Liability By Brian Madigan LL.B. The lawsuit Alevizos and Nirula is another Property Condition Disclosure Statement case. This case came before the Manitoba Court of Appeal for consideration in 2003. It is the highest Court yet to discuss this document, since no cases have reached the Supreme Court of Canada. [...]

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Insurance Backs Up Disclosure Statements

by on November 5, 2009

Insurance Backs Up Disclosure Statements By Brian Madigan LL.B. The Miersma and Pembridge case was an application brought in October 2005 before the Superior Court of Justice of Ontario to determine whether a policy of insurance covered a false statement under a Seller Property Information Statement (SPIS) pursuant to an agreement of purchase and sale. [...]

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