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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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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, [...]

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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: [...]

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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 [...]

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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 [...]

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