Vendor has Obligation to Disclose “Prohibition Order” Vendor has Obligation to Disclose “Prohibition Order” Ontario Real Estate Source By Brian Madigan LL.B. The Supreme Court of British Columbia dealt with the matter of the vendor’s duty to disclose Pavenham Development Corp. v. Sladen(1997). The Facts •· The vendor owned a property that he rented out. [...]
Tag Archives: disclosure
Previous Damage Must Be Disclosed even if Repaired
Seller Property Information Statement ~ Kaufmann and Gibson SPIS ~ Kaufmann and Gibson Ontario Real Estate Source By Brian Madigan LL.B. This is a case involving the improper completion of the Seller Property Information Statement by the vendors. The Kaufmanns resided in London Ontario and acquired their residence in 1981. They original house [...]
Buyer’s Opportunity to Examine Condo Documents Relieves Seller From Liability
Seller Property Information Statement ~ Sask and Brooke SPIS ~ Sask and Brooke Ontario Real Estate Source By Brian Madigan LL.B. This was a case heard in the Supreme Court of British Columbia and it involved the Property Condition Disclosure Statement, which is similar to Ontario’s Seller Property Information Statement. Briefly, the plaintiff as [...]
Disclosure ~ Royt and Goldenberg
Seller Property Information Statement ~ Royt vs. Goldenberg This is a case which involves the discussion of the Seller Property Information Statement (SPIS) and its effect on the outcome of a proposed real estate transaction. A review of the case will be limited to the SPIS issue. Briefly, Mr, and Mrs Royt submitted an Offer [...]
Selling a Business in Ontario (Expected Documentation)
Selling a Business in Ontario (Documents) Ontario Real Estate Source By Brian Madigan LL.B. What documents can you expect to be delivered? The Real Estate and Business Brokers Act, 2002 is quite clear about this. You can find the provisions relating to the purchase of a business in regulation 567/05. Here it is: Purchase of [...]
Latent and Patent Defects, and Material Facts
Latent and Patent Defects, and Material Facts Ontario Real Estate Source By Brian Madigan LL.B. The matter of patent and latent defects falls under the law of real property and the issue of disclosure. A Patent defect is clear, apparent, observable and not hidden from view. A Latent defect is not readily apparent to the [...]
Zoning and Development Issues ~ Disclosure
Zoning and Development Disclosure by Real Estate Agent By Brian Madigan LL.B. Ontario Real Estate Source This case seems rather straightforward. The owner of a property situate in the Grand River Conservation area lists his property for sale. The agent, Ralph Murphy fails to ascertain the zoning and the development restrictions that apply to the [...]
No Knowledge No Need to Disclose
Disclosure ~ No Knowledge, No Liability By Brian Madigan LL.B. (Ontario Real Estate Source) The Cartwright and Fornier case is another in the series of Property Disclosure Statements giving rise to litigation after closing. The parties entered into an agreement in November 2003 to close 14 April 2004. The matter came on for trial in [...]
Seller’s Right to Remain Silent
Vendor’s Inalienable Right to Remain Silent By Brian Madigan LL.B. (Ontario Real Estate Source) For centuries, the rule of “caveat emptor” has had a prominent place in real estate transactions. It is a latin expression meaning “let the buyer beware”. That’s a warning! The buyer is on his own. The seller can keep quiet. There’s [...]
Honest Vendor Not Liable For Defects
Honest Vendor Escapes Liability in SPIS case By Brian Madigan LL.B. (Ontario Real Estate Source) The case of Cotton and Monahan was tried in the Superior Court of Justice in Ontario over a 10 day trial, heard in December 2009 and January 2010. The reasons for Judgment were released 30 April 2010. The Cottons bought [...]
Realtor’s Disclosure Role
Real Estate Agent ~ Disclosure Issues By Brian Madigan LL.B. There are basic rules that apply to realtors concerning disclosure. Everyone who is permitted to trade in real estate under the Real Estate and Business Brokers Act, 2002 is subject to both the common law and the RECO Code of Ethics. Organized real estate, and [...]
Seller’s Obligation to Disclose in Ontario Real Estate Transactions
Seller’s Obligation to Disclose in Ontario Real Estate Transactions By Brian Madigan LL.B. The general rule of law in Ontario concerning the purchase of land is that of “caveat emptor”, or as translated from Latin “let the buyer beware.” At common law, this principle stood for the proposition that when the buyer had required no [...]
Disclosure Statement Not Part of Agreement ~ Buyer Left Without Remedy
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 [...]
Minor Disclosure Error Insufficient to Establish Liability
Minor Disclosure Error Insufficient to Establish Liability By Brian Madigan LL.B. The Taschereau and Fuller lawsuit is a case concerning false representations in a Property Condition Statement (PCS). The purchaser Mr. Tashereau brought an action before the Court of Queen’s Bench in Manitoba against the vendors of a residential property which he purchased. The vendors [...]
Careless Completion of Disclosure Statement Sufficient to Find Liability
Careless Completion of Disclosure Statement Sufficient to Find Liability By Brian Madigan LL.B. The Usenik and Sidorowicz lawsuit is another case in the line of improperly completed Seller Property Information Statements by vendors. Briefly, the purchaser Rhonda Usenik wanted a good house that was in good condition and largely maintenance free. She saw the vendors’ [...]
California Senate Bill 94 (SB94): Passes; Not even Attorneys can do it!
In California Monday in an emergency procedure Governor Shwartzenegger signed into place Senate Bill 94. This bill took in effect right away ceasing all further loan modifications, even with attorneys, up until 2013. How many attorneys do you know that work for free? Well for the same reason you will see a lot of companies [...]
A Judge’s Comments on the Use of the SPIS Document
A Judicial View of the Use of the Seller Property Information Statement By Brian Madigan LL.B. Sometimes it’s difficult to detremine what Judges think about ordinary and customary practices in the real estate industry. Recently, Judge Cozens offered a comment upon the use of the disclosure statement, at times in various jurisdictions referred to as: [...]
Buyer Beware ~ Agent Fails to ask about SPIS
Buyer Beware ~ Agent Fails to ask about SPIS By Brian Madigan LL.B. This was a Small Claims Court decision in Toronto involving the use of the Seller Property Information Statement. Briefly, the purchaser (Weinman) acquired a real estate property (416 St. Clement’s Ave.) in Toronto from the vendor pursuant to a standard form real [...]
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California Senate Bill 94 (SB94): Passes; Not even Attorneys can do it!
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