Independent Contractor

Negligence of House Inspector: Licensee’s Liability #140

Legally Speaking

By Gerry NeelyB.A. LL.B The answer to this question was given in a 1977 case in which a purchaser was concerned about the soundness of the structure and foundations of an old house he wanted to purchase. A salesman employed by the agency which had the listing, recommended to the purchaser a house inspector who

Tax Deductibility of a Real Estate Training Course #133

Legally Speaking

By Gerry NeelyB.A. LL.B. A real estate salesperson in Ontario paid $525 in 1985 to attend a four-day course “List More – Sell More,” which she found to be useful in increasing her commission income. Her deduction of this amount on her tax return was disallowed and she appealed. Her grounds of appeal were that

New Home Contract – Damages for Incomplete or Deficient Work, and for Stress #132

Legally Speaking

By Gerry NeelyB.A. LL.B. The plans were for a home with unusual design features to be constructed by a competent contractor experienced in the construction of standard design homes only. The home was to be built for a demanding client who expected very “high” quality workmanship from a contractor who intended to provide “good” quality workmanship. Cost was a

Builders Lien Clause #69

Legally Speaking

By Gerry NeelyB.A. LL.B. I recently reviewed a proposed contract for the purchase of a lot and a home to be constructed by the owner/builder. The licensee who prepared the contract prudently included a clause to provide for a lien holdback. The percentage to be held back was fifteen per cent. However, since September 1,

Builders Liens #70

Legally Speaking

By Gerry NeelyB.A. LL.B. Column #69 which discussed a Builders Lien clause resulted in questions which indicate that there is some confusion as to when liens may be filed and lien holdbacks may be paid out. Those licensees who were surprised to discover that a lien could be filed against property even after title of