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Disclosure Statement Checklist

by on January 12, 2010

Disclosure Statement Checklist By Brian Madigan LL.B. The following document is a Disclosure Statement Checklist. It is to be used following the steps as outlined in “Guidance to the Seller’s Agent Concerning Completion of the Disclosure Statement”. The document can be amended as required. The items mentioned are some of the specifics that a seller’s [...]

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Guidance to the Seller’s Agent ~ Disclosure Statement

by on January 11, 2010

Guidance to the Seller’s Agent in Completing the Disclosure Statement By Brian Madigan LL.B. There are several aspects of the disclosure statement and the process of completing the disclosure statement that should be taken into consideration and applied by the seller’s agent. In Ontario, the disclosure statement is known as the Seller Property Information Statement [...]

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Seller Conceals Truth and is Found Liable for Misrepresentation

by on November 17, 2009

Seller Conceals Truth and is found Liable for Faulty Disclosure Statement By Brian Madigan LL.B. The case of Cutts vs. Okipnik is another Disclosure case. The action was tried in the Court of Queen’s Bench of Manitoba. The purchasers claimed that the vendor fraudulently or negligentyly misrepresented the condition of the property at the time [...]

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Agent Cannot Force Seller to Provide Warranty

by on November 10, 2009

Agent Cannot Force Seller To Provide Warranty By Brian Madigan LL.B. The Bird and Ireland matter is another interesting case involving the use of the Seller Property Information Statement (SPIS), not for the purpose for which it was intended, but for other purposes. This particular matter came on by way of appeal from a lower [...]

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Active Concealment of Damage Eliminates “Caveat Emptor”

by on November 7, 2009

Answering “Unknown” is Active Concealment in Disclosure Document By Brian Madigan LL.B. Mr. and Mrs. Whaley purchased a small house from the vendors Mr. and Mrs. Dennis in 2002 . The property was located in the Niagara Peninsula and was intended to be the retirement home of the purchasers. The case of Whaley vs. Dennis [...]

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False Disclosure: No Warranty for Water Damage

by on November 5, 2009

False Disclosure: No Warranty for Water Damage By Brian Madigan LL.B. This case of Morrill and Bourgeois came on for trial in Superior Court of Justice at Thunder Bay in 2007. Matthew Morrill purchased a property in Thunder Bay from Mr. and Mrs. Bourgeois. They acquired the residence in 2004 from Mrs. Bourgeois’ grandmother who [...]

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