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Agent Needs to Write Clear and Understandable Agreement

by on May 12, 2011

SPIS ~ Bond and Richardson   By Brian Madigan LL.B. This is a case in the province of New Brunswick involving the use of the Property Condition Statement and the liability of the agent who assisted the vendor in the completion of the document. The case is interesting from a procedural perspective. Mr. Bond purchased [...]

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Apportionment of Liability in Real Estate Transactions

by on March 29, 2011

The Negligence Act and the Real Estate Transaction Ontario Real Estate Source By Brian Madigan LL.B. While many would wonder what the Negligence Act has to do with a real estate transaction, let’s have a look at a recent case. A purchaser wanted to acquire a piece of commercial property. Obviously, for zoning purposes, in [...]

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Risk Management for Home Stagers

by on October 19, 2010

Home Staging and Risk Management By Brian Madigan LL.B. (Ontario Real Estate Source) The Home Staging industry is still unregulated, and to some extent it is still in its infancy. As society becomes somewhat more litigious, it would seem to be wise that those in the home staging business take some precautions on their own [...]

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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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Legal Liability of Careless Guarantor

by on August 24, 2010

Mortgage Fraud ~ The Foolish, Greedy Good Guy takes the Fall By Brian Madigan LL.B. (Ontario Real Estate Source) A recent court case dealt with the issue of mortgage fraud. In the case of Royal Bank v. Isaacs (2010)the bank sought summary judgment of its mortgage. However, the case was not simple and straightforward. Mrs. [...]

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Honest Vendor Not Liable For Defects

by on May 17, 2010

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 [...]

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Risk of Agent’s Liability with Doctrine of “Ultra Vires”

by on February 3, 2010

Doctrine of “Ultra Vires” and Real Estate Agent Risks By Brian Madigan LL.B. The latin expression “ultra vires” as translated means “beyond the powers”. As a legal doctrine it often applies in the case of corporations that exceed their authority. Did the corporation have the authority to enter into a particular transaction? If not, a [...]

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Seller Cover-Up Not Enough to Avoid Liability (false disclosure)

by on November 2, 2009

Seller Cover-Up Not Enough to Avoid Liability By Brian Madigan LL.B. The Cole and Vankoughnett case involves representations and remedies available for improper completion of the Seller Property Information Statement (SPIS). The purchasers brought an action in Small Claims Court for misrepresentation, and non-disclosure of patent defects and latent defects in respect to a semi-detached [...]

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Sellers’ Improper Disclosure Leads to Liability

by on November 1, 2009

Sellers’ Careless Disclosure Leads to Liability By Brian Madigan LL.B. This is another case involving the improper completion of a Property Condition Disclosure Statement and the remedies that are available afterwards. This case was determined in the Small Claims Court of Nova Scotia in February 2007. The Boychuks entered into an agreement of purchase and [...]

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