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Expert advice, market reports, and tips from the Niagara Region real estate professionals.
n every real estate transaction, a buyer and seller must agree upon what items in the home are included and what fixtures may be excluded. The question of whether an item is a chattel or a fixture can sometimes lead to unpleasant surprises for purchasers who thought they were obtaining items that the seller never intended to give.
In 1999, Ontario began converting land from the Registry Act system to the Land Titles Act to allow for the electronic registration of title. This process was complicated because, while the Registry Act allows for people to obtain ownership of land through continued possession (“squatter’s rights”) or acquire easements through extended use, the Land Titles Act does not permit claims of adverse possession or prescriptive easements.
COVID-19 has brought many challenges for people when entering contracts. With new variants unfolding routinely, the disruption can leave many people facing delays or cancellations of things that they have contracted for, such as weddings and events. It is worth considering how this uncertainty may impact real estate transactions and businesses generally.
Most contracts for home purchases require an initial deposit. This deposit is a way for a seller to ensure that a buyer is prepared to perform the contract, since the courts will typically treat this sum as forfeited to the seller in full if the buyer fails to complete the contract.
In the event of injury or illness, you might lose the ability to make decisions for yourself. These decisions can involve the signing legal documents, for example if you have agreed to buy or sell a home, or it can relate to healthcare treatment, such as undergoing surgery or withdrawing life-sustaining procedures.
Throughout human history, society has developed various institutions to make determinations of fact and falsehood, right and wrong, guilty, not guilty and innocent. While it is trite to observe that the contemporary exercise of justice has at its centre the process of a trial, it may seem disparaging to remark that justice does not depend upon the discovery of truth for its operation. Consider that the standard for determining fact in civil trial is on a balance of probabilities, while the threshold for the purpose of criminal findings is beyond a reasonable doubt. It is worth reviewing the historical genesis of trials to map out the delivery of justice in the future, one that is appropriate for the information age we inhab
Neighbourly disputes concerning boundaries are regrettable, and, in most instances, avoidable. This article will consider fence disputes, easements, and down-spout drainage with the hope that providing some basic information on these issues can help you avoid conflict of your own.
When you purchase a new home, there are several factors to consider. This article will discuss three important features found in every new home contract. It will first consider the deposit structure and the warranty related to your deposits. It will then discuss the nature of the statement of critical dates and how this can impact your home closing. Last, it will consider your pre-delivery inspection and how issues discovered before you move in may be addressed after closing.
One of the fundamental terms of your sale contract is the date for closing. So, what happens if a purchaser states that they cannot close on time? This situation is called anticipatory breach and the purpose of this article is to discuss the rights and options available to a seller when a purchaser indicates they require an extension or that they cannot close the transaction at all.
When you pass away, it is important that you do not leave your loved ones with doubt or disagreement about your estate. Having a will prepared before you pass offers important predictability to who will be responsible for managing your estate and who will benefit. Without a will, you are said to die intestate. When you die intestate, your estate is governed by the rules under the Succession Law Reform Act (“Act”). The Act deals with the rights of family members to a deceased person who dies intestate. This article will review a few common scenarios and situations that show how dying intestate may result in surprises to the distribution of your estate for family members.
With pressure on residential home transactions higher than ever, a home buyer may be willing to do anything to present an offer that looks the most appealing. This can often mean presenting an unconditional offer where the buyer waives their right to a home inspection. This has a considerable risk to a home purchaser, and it is the focus of this article to review the purpose of a home inspection and the possible challenges that a home buyer may face if they enter a contract for the purchase of a home without the benefit of a home inspection.
Purchasing a condominium means being satisfied with both the unit and the management of the condo itself. A status certificate discloses not only the condo rules, but also important financial information and other material that could impact your decision to purchase.