When you’ve listed your home and your real estate agent is about to show it, the difference is in the details. As potential buyers walk up to your house and open the front door, their senses go off like alarm bells. First impressions are made in less than a few seconds. The last thing you [...]
Tag Archives: seller property information statement
As Atlanta Foreclosures Grow so does the Mold
As has been mentioned at least a few hundred times, I’m a broker as well as certified appraiser. Since ’89 I’ve appraised and reviewed thousands of homes, currently I’ve been completing foreclosure assignments all over the Metro Atlanta area. No agent knows the market as well as an appraiser; we are in the field daily, [...]
Negligent Statement about Septic System Leads to Liability
Seller Property Information Statement ~ Boychuk and Butler SPIS ~ Boychuk and Butler Ontario Real Estate Source 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 PCDS document is much like the Seller Property Information Statement used [...]
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 [...]
Suing the Lawyer ~ Contaminated Soil
Suing the Real Estate Lawyer Depends Upon the Retainer By Brian Madigan LL.B. (Ontario Real Estate Source) It seems that consumers are looking for targets for their own mistakes. So, frivolous lawsuits are only a few dollars away. Sue somebody, and hopefully they will settle quickly. But, that’s not quite so easy when it comes [...]
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 [...]
Both Seller’s and Buyer’s Agents Sued over False Disclosure
Both Agents at Risk over False Disclosure Statement By Brian Madigan LL.B. (Ontario Real Estate Source) The Lance vs. Wright case came before the Supreme Court of British Columbia in 1997 and involved the use of the Property Condition Statement. Mr. and Mrs. Lance purchased a property from Mr. and Mrs. Wright. Subsequent to the [...]
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 [...]
Disclosure Laws and the Use of the SPIS
Disclosure Laws and the Use of the SPIS By Brian Madigan LL.B. I am pleased to announce that I have been designated by the Real Estate Council of Ontario as an Education Provider pursuant to the provisions of the Real Estate and Business Brokers Act, 2002 (Act). I am also pleased to announce that the [...]
Disclosure Statement Checklist
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 [...]
Guidance to the Seller’s Agent ~ Disclosure Statement
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 [...]
Seller Conceals Truth and is Found Liable for Misrepresentation
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 [...]
Agent Cannot Force Seller to Provide Warranty
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 [...]
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 [...]
Half-Truth by Seller Leads to Liability
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. [...]
False Real Estate Disclosure and the Family Court
False Disclosure Statement Leads to Family Court Contempt By Brian Madigan LL.B. The Zadegan and Zadegan matter is a very unusual case involving the use of a Seller Property Information Statement. Actually, the SPIS formed part of the evidence in a contempt of court matter in Superior Court of Justice (Family Division) before Justice Mackinnon in Ottawa [...]
Easement Defect Entitles Purchaser to Rescind
SPIS ~ Statement Fails to Disclose Material Easement By Brian Madigan LL.B. The Macdonald and Robson matter was an application in the Superior Court of Justice of Ontario for an order rescinding an agreement of purchase and sale. The purchaser Mr. Macdonald had submitted an offer to acquire certain property owned by the vendor Robson. [...]
Active Concealment of Damage Eliminates “Caveat Emptor”
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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$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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