Unpermitted Work and Buying or Selling a Home

What your clients need to know Whether your clients are buying or selling a home, unpermitted work—any renovation or modification made to a home for which the appropriate municipal building or other permits were not obtained—can prove to be problematic if not dealt with head-on. For sellers: disclose, disclose, disclose As the listing brokerage, you

More Caveat Emptor, Latent and Patent Examples #384

Legally Speaking

By Gerry NeelyB.A. LL.B. The owners of a house, which was old when they bought it in 1979, sold it in 1994 to buyers who discovered after completion that the kitchen floor sloped 2.5 to five centimetres from one side to the other. The buyers elected not to retain a home inspector, although there were

Double Interims – A “No, No” #77

Legally Speaking

By Gerry NeelyB.A. LL.B. Despite the creative lending practices of a few financial institutions, such as the Crown Trust and the Canadian Commercial Bank, licensees rightly perceive that the majority of mortgage lending institutions insist that the borrower must meet fairly tough financial and market value requirements before a mortgage loan will be approved. Some

Salespersons’ Duty to Obtain Highest Price – Part 2 #75

Legally Speaking

By Gerry NeelyB.A. LL.B. You have listed for sale a house, to be described in the ad as a handyman’s special, which is located on a heavily-trafficked road in the middle of two blocks of mixed residential tenancy and low profit non-conforming commercial uses. Over the past ten years, repeated attempts to rezone the area

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