You are here: Home > seller property information statement
Tag Archives: seller property information statement

Insurance Backs Up Disclosure Statements

by on November 5, 2009

Insurance Backs Up Disclosure Statements By Brian Madigan LL.B. The Miersma and Pembridge case was an application brought in October 2005 before the Superior Court of Justice of Ontario to determine whether a policy of insurance covered a false statement under a Seller Property Information Statement (SPIS) pursuant to an agreement of purchase and sale. [...]

Read full story • Comments { 0 }

Buyer’s Contributory Negligence

by on November 4, 2009

Buyers Assessed Partial Responsibility for Sellers’ False Disclosure Statement By Brian Madigan LL.B. The Karwandy and Sebastien case is another in the series of improperly completed Property Condition Statements. This was an action heard in the Small Claims Court at Regina, Saskatchewan in 2002. In the spring of 2001, Albert Sebastien, sold a quarter section [...]

Read full story • Comments { 0 }

Careless Completion of Disclosure Statement Sufficient to Find Liability

by on November 3, 2009

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’ [...]

Read full story • Comments { 1 }

Clever Avoidance of Disclosure Creates Liability

by on November 2, 2009

Clever Avoidance of Disclosure Creates Liability By Brian Madigan LL.B. The Kaufmann and Gibson case involves the improper completion of the Seller Property Information Statement by the vendors. The Kaufmanns resided in London, Ontario and acquired their residence in 1981. The original house had been constructed in the 1950’s. They are sophisticated vendors, and although [...]

Read full story • Comments { 0 }

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 [...]

Read full story • Comments { 0 }

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 [...]

Read full story • Comments { 0 }

Seller Escapes Liability for False and Misleading Disclosure Statement

by on October 30, 2009

Seller Escapes Liability for False and Misleading Disclosure Statement 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. Briefly, the plaintiff as purchaser acquired a condominium unit for $133,000 but the unit leaks, as do others in the complex. Obviously, [...]

Read full story • Comments { 0 }

A Judge’s Comments on the Use of the SPIS Document

by on October 12, 2009

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: [...]

Read full story • Comments { 0 }

Misrepresentation by Vendor Leaves Buyer without Remedy

by on October 12, 2009

Misrepresentation in SPIS not sufficient to Permit Termination by Purchaser By Brian Madigan LL.B. This is a case (Royt and Goldenberg) 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 [...]

Read full story • Comments { 0 }

Buyer Beware ~ Agent Fails to ask about SPIS

by on October 10, 2009

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 [...]

Read full story • Comments { 0 }
Newer posts →