Solemnization of Marriage in Ontario ~ (Real Estate Considerations) Ontario Real Estate Source By Brian Madigan LL.B. The legal responsibility for marriage is divided between the federal and provincial governments. The province is responsible for the “solemnization of marriage”. What does that mean? There is a Marriage Act in Ontario. Essentially, that means the procedural [...]
Tag Archives: Ontario
Can a Landlord Prevent a Tenant from having Pets?
Can a Landlord Prevent a Tenant from having Pets? Can a Landlord Prevent a Tenant from having Pets? Ontario Real Estate Source By Brian Madigan LL.B. I know you’re going to like this answer: “yes” and “no”. The Residential Tenancies Act in Ontario allows for pets. There is a specific pet rule. “No pet” provisions [...]
GTA March Sales Up by 11% (Toronto)
GTA March 2011 Second Best March Ever Ontario Real Estate Source Brian Madigan LL.B. The sales in the GTA for single family homes are reported by the Toronto Real Estate Board to be the second best March ever. March was a good month, but how good? Let’s see how many [...]
Negligence Act in Ontario
Negligence Act in Ontario Ontario Real Estate Source By Brian Madigan LL.B. The Purpose The Negligence Act deals with the matter of apportionment in the field of torts. Tort law considers the liability of a party to another for wrongdoing whether intentional or not, where the injured party has suffered a measurable loss either physically [...]
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 [...]
Ontario’s Consumer Reporting Act
Consumer Reporting Act in Ontario Ontario Real Estate Source By Brian Madigan LL.B. The Consumer Reporting Act is designed to afford a certain level of protection to consumers. So, the Act defines consumers and does not apply to businesses. There are requirements with respect to disclosure to consumers relating to credit information and personal information. [...]
Financial Advantages to Home Ownership in Ontario
The 5 Financial Reasons for Owning a Home Ontario Real Estate Source By Brian Madigan LL.B. So, you think that you would like to buy some real estate! In particular, you would like to buy a house. Let’s summarize the principal financial advantages: 1) use of rental income 2) use of leverage 3) forced savings [...]
Agents’ Duties to Consumer in Ontario
Liability of Real Estate Agents under Consumer Protection Act False and Misleading Statements ~ Agents Ontario Real Estate Source By Brian Madigan LL.B. We are all aware that sales agents like to pump their products, merchandise and services. That has been going on for years and the public who be naïve to think that there [...]
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 [...]
Don’t Ignore the Commercial Landlord
Ignore the Landlord at your Own Risk By Brian Madigan LL.B. From time to time, tenants will wish to take advantage of the favourable lease rates under a long term lease. For one reason or another, the property is no longer suitable for them to continue to occupy the premises. So, they decide to [...]
Building Sitting on Federal Lands Exempt from Municipal Tax
Chattels and Fixures ~ No Municipal Taxes! On the Building By Brian Madigan LL.B. The Greater Toronto Airports Authority constructed a building at the Toronto International Airport known as “Pearson” which happens to be physically located in Mississauga. The federal government owns the lands. The City thought that the GTAA should pay municipal taxes and [...]
Removal of Tenant’s Fixtures
Tenant’s Fixtures ~ Special Rules Ontario Real Estate Source By Brian Madigan LL.B. There are a series of special rules that apply in the case of tenant’s fixtures. If all a tenant’s fixtures became attached to the realty and could not be removed, then not too many people would want to become tenants. The basic [...]
2010 ~ December Sales in Toronto Held Steady
GTA December Sales Steady (Toronto) GTA December Sales Steady Ontario Real Estate Source Brian Madigan LL.B. The sales in the GTA for single family homes held relatively steady in December. So many times, December 2010 is compared to December 2009. But, actually the true measure should be the month of December in the last few [...]
Contracts Do Not Effect Status of Fixtures and Chattels
Chattels and Fixtures ~ Contracts are Irrelevant By Brian Madigan LL.B. The law related to the chattels and fixtures debate is the law of real property. Contract law has nothing to do with it. So, it doesn’t matter whether we are talking about an agreement of purchase and sale, a mortgage, a chattel mortgage, a [...]
Chattels and Fixtures
Chattels and Fixtures (Ontario Real Estate Source) By Brian Madigan LL.B. I propose to start a series about chattels and fixtures. The distinction between the two is important. Fixtures are part of the land, they are real property. Chattels are personal property and have nothing to do with the land. Real estate agents often think [...]
OREA Form 202 ~ Commission Agreement
Form 202 ~ commission agreement By Brian Madigan LL.B. (Ontario Real Estate Source) We now have a new form once the consent agreement was struck. It is called “Seller Commission Agreement with Co-operating Brokerage For a Listed Property”. The first step for the FSBO (for sale by owner) group was the mere posting agreement. That [...]
Obligations of “Mere Posters” under REBBA, 2002
Statutory Obligations of “Mere Posters” By Brian Madigan LL.B. (Ontario Real Estate Source) The Real Estate and Business Brokers Act, 2002 sets out some legal obligations related to trading in real estate. They apply to all “registrants”. So, unless you happen to be exempt from registration under the Act, then they will apply to you. [...]
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Carmen Brodeur: Very interesting! I better go buy more wrinkle cre...
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Ria Grace: What is good of having custom home is that you can...
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Patrick: A great online property management forum is agents...
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Kyle Pearce: Unfortunately, in every industry, there are some w...
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$10000 California First Time Home Buyer and New Home Tax Credit Extended
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Unite Against the Sarasota MLS Board
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Short Sale Heaven Coming April 5th 2010
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The Lones Group – Real Estate Social Media Marketing Firm – Sues Agent For Being A Zebra
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California Senate Bill 94 (SB94): Passes; Not even Attorneys can do it!
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