Do You Own Your Backyard? Are You Sure?

Pawel Kosicki and Megan Munro found they didn’t, and a judge ruled an individual can’t acquire ownership by encroaching on public land, says Bob Aaron.

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Was it Worth it? Neighbours Spend Big Bucks in Dispute Over Tiny Piece of Land

Does it make sense for neighbours to spend tens of thousands of dollars on legal fees over what a judge described as an insignificant piece of disputed land along the shared...

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Is Joint Ownership Good or Bad for Estate Planning?

Case shows using joint ownership as an estate planning tool to avoid the payment of probate when one owner dies is risky, writes Bob Aaron.

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Would You Live in a House Where There’s Been a Murder?

When the value of a house is affected by a history of murder, suicide, ghosts, or hauntings, it is generally referred to as stigmatized, explains Bob Aaron.

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An Emoji Can’t Serve As A Signature On A Home Sale Surely, Can It?

Anyone these days can generate an emoji, but without ample evidence to confirm the source, its use is neither efficient, nor reliable, says Bob Aaron.

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Noise About Pickleball Rises in Communities Across the Country

Justice of the peace found noise caused by pickleball was unreasonable and disturbed inhabitants and that this breached town bylaws.

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In Ontario, It Should Be Illegal to Insist House-Buyers Be of a Particular Nationality

This example shows Ontario’s laws must ensure an end to discrimination in housing throughout the province.

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Condo Board Penalized For Not Acting Reasonably on Owner’s Reno Request

It failed to consider these fairly, take his concerns seriously, and provide timely responses and decisions during the process.

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Beware of Buying Homes from Builders Who Don’t Own the Land

It’s time to change law to protect consumers who buy pre-construction homes from builders who do not own the land they are built on.

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How Much is a Driveway Dispute Worth, Really? Think Twice Before You Sue!

“Why would anyone pursue seemingly hopeless litigation over the right of way to a mutual driveway?”

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What is Toronto’s Vacant Home Tax and What Does it Mean for Owners, Buyers & Sellers?

All owners of residential property in the City of Toronto must file an online declaration of the occupancy status of their property before February 2, 2023.

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When Pre-Construction Home Buyers Face Builder Demands for More Money

Construction problems such as foreseen costs, and shortages of labour and materials, are issues for builders — not purchasers — to resolve.

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It Can Cost More to Go After Your Buyer Deposit in Court When Deal Fails

Home buyers and sellers can avoid expensive legal judgments with more straightforward options to resolve a contract dispute.

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New Provincial Rules Can’t Stop Pricey Surprise Fees for New Homebuyers

Additional and high closing fees should not be billed to buyers of new builds in the final hours before their deals close.

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Good and Bad News About Taxes on the Resale of Pre-Con Properties

A clarification on the amount of HST to be applied to assignment sales after a confusing budget announcement.

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Federal Budget May Rattle the Resale of Pre-Con Condos

How a new measure to target property speculation might disrupt the market.

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This Risky Trend in Pre-Construction Purchases is Raising Red Flags

Some buyers are hoping to 'flip' pre-con units before they have to close on - and actually pay for - them.

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A Property Survey Could Have Prevented These Homeowners From Ending Up In Court

What happens when a neighbour builds a garage that's partly on another neighbour’s property?

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Judge Finds Unwise Use of Smart Doorbell in Condominium

An Alberta court decision calls the condo neighbours’ dispute “petty and pointless,” but acknowledges it’s a point of principle.

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A New Home Speculation Tax Would Harm, Not Help the Real Estate Market

Bob Aaron: "Home prices would plummet, as they did with the new levy in ’74. I vividly recall that the housing market crashed overnight."

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Social Housing was Jon Harstone’s Passion

He was a successful advocate of affordable homes in Toronto. And he was part of my family.

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Ontario Court Supports Pre-Con Home Buyers After Deals Cancelled

A Superior Court justice blocks the resale of pre-construction homes and orders the case to arbitration.

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Ontario Courts Say Home Buyers Must Confirm Home Size

Prospective purchasers cannot rely on a published listing when it comes to the interior size of a home.

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How to Avoid Risks When a Buyer Can't Close on a Home Purchase

When a new tax caused a sudden market downturn in the GTA in 2017, fallen through deals proven costly to home buyers and sellers.
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How Home Equipment Rentals Can Lead To Unexpected Property Liens

Always read the fine print when you rent home equipment like furnaces, A/C, HVACs and water softeners. 

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Bats in the Bedroom Are Not the Home Seller’s Fault, Says a B.C. Court

A fair ruling or is it just downright batty? 

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‘The Exorcist’ History of Their House Surprised, Entertained, New Owners

One spooky surprise taught these homeowners an important lesson about disclosure.

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Help With Bad Tenants Is On The Way For Condo Owners

Starting in January, changes to the Condominium Act may provide owners with more help dealing with a difficult or disruptive tenant.
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Do You Have A Licence For Your Home’s Front Yard Parking?

Buying a house with a "private drive" may not be as straightforward as you'd think in Toronto.

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What Happens When a Home Is Damaged Before New Buyers Move In?

A Superior Court decision in August provides valuable guidance on how buyers and sellers should act when a property suffers substantial damage before closing.

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A Homebuyer Should Know If They — Or Their Lawyer — Will Get The Title Insurance Referral Fee

When a title insurer pays a referral fee to a lawyer for arranging a policy on a client’s property purchase, who should get the benefit of the fee — the lawyer or the client?

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A Centuries-Old Law Requiring Ontario Landowners to Work on Local Roads is Coming Off the Books

Until now, Ontarians who own land could have legally been made to maintain public roads - not a job most are equipped for. 

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New September Holiday Will Affect Purchase and Sale Closing Dates

If you are buying a selling a home, avoid scheduling your closing date on September 30.

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Court Lets Home Sellers Keep $20K Buyer Deposit After Size Dispute

Can a buyer terminate a transaction and get their deposit back if the published listing significantly overstates the size of a house?

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When Quick Home Flipping Gets the CRA's Attention

Canadians who buy, renovate and sell homes quickly use the principal residence gain tax exemption to enhance their profits - but there may be limits.

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Shared Spaces: What Can You Do to Common Condo Elements?

Privacy screens and video cameras out while religious decorations allowed in recent Ontario legal rulings on shared condo building/townhouse spaces.

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Look Out for Work Orders and Permits Before You Buy

Who is responsible when a home is so defective that it is deemed unsafe to occupy?

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Home Inspections - Who is Liable?

Can a home inspector avoid legal responsibility if there is an exclusion of liability clause in the inspection contract?

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The Expensive Rules of Property Easements

Homeowners are allowed use the surface of a property easement, as long as it doesn’t interfere with the utilities underneath. If it does, costs add up. 

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Readers Views: Who Keeps the Cash Left Behind in a Home?

What happens when home sellers leave behind possessions, or even cash? Should buyers keep their findings or return it to the sellers? 

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Are Home Buyers the Keepers of $500K Discovered During Renovations?

A couple in Edmonton find $500,000 while renovating their new home. Finders, in Canada though, are not necessarily keepers.

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Vertical Life: What Happens When a Condo Neighbour is Smoker?

A new legal judgement suggests that Ontario condo boards must act reasonably towards owners deemed to be non-compliant.

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Why New COVID-19 Legal Clauses in Real Estate Deals Are a Problem

A respected real estate lawyer warns against using untested COVID-19 clauses in property transactions.

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Backing Out of a Home Purchase Can Cost You

This past year’s GTA real estate market may become known as the year of aborted transactions.

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Why Electronic Voting is Clicking with Condo Owners

Given how pervasive condos are to city living, why are so many unit owners out of touch with how condos are managed?

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City Sending Mixed Signals on Tackling Housing Shortage

If the city of Toronto was serious about tackling the housing shortage, why would it charge Toronto homeowners $300,000 to legalize three bachelor apartments in their house?

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Shared Maple Tree Pits Neighbour Against Neighbour in Court Battle

More Canadian than Toronto neighbours arguing about building an addition on a house? Arguing about a shared maple tree.

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Does First Canadian Title Live Up to its Marketing Promises?

Owner stuck with $25,000 in court costs over cottage’s pre-existing issues - in spite of paying for title insurance.

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A Jolt for Joint Property Owners in Ontario

Joint ownership of a home in Ontario has meant that a surviving owner becomes the sole owner - but now?

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A Good Co-Housing Agreement is Key for Co-Buyers

High real estate prices are inspiring more creative buying arrangements between even casual acquaintances - but it's important to proceed carefully.

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When You’ve Got the Keys to Your New Home But the Sellers Haven’t Left

What happens when sellers are late moving out? 

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What Happens When You Unknowingly Buy a Home Where There Was a Murder?

Is a homeowner obliged to disclose to a potential purchaser that the house was the site of a gang murder?

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Homeowners Should Seek Legal Advice When Estate Planning

Why there is no such thing as a simple will.

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Be Careful When You Review Property Purchase Agreements

What happens when there is a significant discrepancy between the way a home is described on an MLS listing vs. the Agreement of Purchase and Sale?

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A Shared Driveway Leads to a Costly Court Case

Special issues can arise from shared driveways and other shared property points. 

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‘Idiotic’ Toronto Policy Stymies Mayor’s Affordable Housing Plan

Toronto’s own zoning regulations are standing in the way of its goal to create 40,000 affordable housing units.

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Condo Owner on the Hook for Inaccurate ‘Clean’ Status Certificate

What happens when an owner receives an incorrect status certificate issued by a condominium corporation?

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Ford's Call to Derail Energy Audits Will Benefit the Home Sale Process

The Ontario government’s decision to repeal the Green Energy Act has also changed the rules for homeowners looking to sell their properties.

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Clearing the Smoke on Condo No-Smoking Rules Before Cannabis Legalization

What happens when the rights of smoking and non-smoking tenants and landlords conflict?

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Make an Offer, but Beware — In an Uncertain market, Property Law Can Hurt You

Home buyers need to come up with the money for a winning bid - even in a declining market.

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Cottage Purchasers Need to Know Land Boundaries of Lakefront Property

Buyers of lakefront cottages should be aware of whether their land touches the water not only in fact but according to the registered title.

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Do the Homeowners or Photographers Own the Rights to Property Photos?

When the sellers of a home hire a stager to help market and sell it, who owns the rights to the before and after photographs? 

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Banning Incentives for Real Estate Lawyers Doesn’t Serve Public

If a lawyer receives an incentive from a title insurance company for arranging a client's policy, who should get the benefit: the lawyer or the client?

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Insurance Must Cover Badly Built Property

Building deficiencies resulting from poorly regulated construction and that affect the sale of a property are now covered under title insurance in the wake of a recent Superior...

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How a Fight between Condo and Owner Over a Flower Box Cost $109,000

This is the sad story of a $109,000 flower box. It all began in a large project of 213 condominium garden homes known as Bethamy Woods, in Ottawa.

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Buyer Held to Contract After Property Found to be Former Marijuana Grow-Op

The Ontario Court of Appeal has confirmed that a home buyer did not have the right to walk away from the purchase of a property which was found to be a former marijuana...

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Homeowners Should Always Get Neighbours’ Permission Before Taking Down Boundary Trees

Can a person be convicted of illegally removing a property-line tree when the City has issued a permit authorizing it?

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$100K Dispute Over Lot Proves Importance of Land Surveys

A recent court case emphasizes the importance of using a survey and getting accurate property measurements before signing an agreement in a home purchase.

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How 22 Toronto Condo Buyers Ended Up Owning the Wrong Units

How is it that 22 condominium owners in a north Toronto development do not own the units they are living in?

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Homeowner, Court Tears Strip (Of Land) Off Neighbour

Gillean Gibb and Liliana Maria Pereira are next-door neighbours on Grosvenor St., in London, Ont.

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Homeowners Spend $50,000 Fighting Over Small Strip of Land Between Houses

It’s hard to imagine why two neighbours would together spend as much as $50,000 on legal fees in a court fight over a strip of land between their houses that measures only 0.14...

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Sellers Should Never Sign a Seller Property Information Statement

Is a purchaser entitled to back out of a real estate purchase deal if she finds out before closing that the home was the site of a murder?

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Court Rejects Elderly Father’s Bid to Remove Son From Property Title

When a parent registers title to a home in joint names with a child, and the family relationship later breaks down, the results can be unhappy — and expensive — for all concerned.

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What Do You Do When Your Condo Development Has Been Destroyed by Fire?

Dozens of purchasers in a Mississauga condominium project are awaiting news of further developments after the project was destroyed by fire earlier this month.

But the decision...

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Who Pays When You Slip and Fall on Someone Else’s Property?

Bob Aaron in Legal 

Winter in Toronto can bring the early morning sounds of neighbours’ shovels on driveways and sidewalks, and snowplows on roads.

Failure to clear snow and ice...

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Condo Sale Complicated by Fire

Bob Aaron in Legal, Condo Buying, Home Buying, Home Selling

Editor's Note: This article was first published in July 2017.

What happens if a real estate purchase and sale...

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When a Property Survey is More Important Than the Deed

Bob Aaron in Legal, Home Buying

Is a property survey important? Is it necessary if the buyer gets title insurance?

I’ve often said that a survey is the most important document...

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Get a survey even if your agent says no

Bob Aaron in Legal, Home Buying

With cottage-buying season now underway, it’s important to remember that a land survey is the single most important document in the whole...

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More To A Tree Trunk Than Meets The Eye

Who owns a tree which straddles the property line between my house and my neighbours? Can I cut it down without their permission?

That was the issue which brought two...

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Take Good Care Of The Ones You Love

Here’s an offbeat gift suggestion for Valentine’s Day this week. And, no, not a variation on chocolates, flowers, perfume or cologne, socks or frillies, and a fancy dinner out.
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Who has Authority to Correct Land Registry Errors?

Bob Aaron in Legal

Perhaps the most fundamental principle of property ownership in Ontario is that users of the land registration system can rely on it for an accurate...

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Manitoba Simplifies Seller Disclose Form

Bob Aaron in Legal, Home Selling, Real Estate Trends

The seller property disclosure statement remains a hot topic in the real estate community as Manitoba has now made them...

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Document Your Possessions in Event Insurance Claim is Necessary

Bob Aaron in Legal

A court case that went all the way to the Supreme Court of Canada highlights the importance of homeowners keeping accurate records of their possessions in the...

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Whoever Forms Government Must Protect Property Rights

Bob Aaron in Legal

As I see it, the real issue in this provincial election should be whether the Ontario government is able and willing to act decisively and promptly to maintain...

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Is Construction Crane 'Trespassing?'

Bob Aaron in Legal

I received an interesting call earlier this month. A reader lives next to a construction site and the builder’s crane is continually passing through the air...

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The Importance of Reviewing Condo Floor Plans

Bob Aaron in Condo Buying, Legal

A Superior Court decision released last month underscores the importance of reviewing condominium floor plans before completing the purchase of a...

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Rent-to-Own Deals Can Be Risky Business

Bob Aaron in Home Buying, Legal

Last month I received an email from a firm billing itself as a “very successful real estate investment firm that invests heavily in something...

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Floor plans are most important document in buying a condo

Bob Aaron in Condo Buying, Home Buying, Legal

The Park Lake Residences condominium project is located on Lake Shore Blvd. W. at Ellis Ave., near the foot of Windermere. Built by...

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Bob Aaron: SPIS forms are ticking time bombs

Bob Aaron in Legal, Home Selling

Real estate boards and agents across the country continue to promote the use of the Seller Property Information Statement (SPIS), despite the fact...

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Bob Aaron: Court of appeal ruling ‘absolutely correct’

Bob Aaron in Legal, Condo Buying

The Ontario Court of Appeal has reversed a lower court decision that ruled that all of the unit owners of a new condominium project did not have...

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OREA Forms Continue to Confuse Lawyers and Consumers

Bob Aaron in Legal

When does a real estate deal close — when the deed is registered, when the keys and money change hands or when the seller moves out of the house?

This question...

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City Bylaw Leaves Permits up to Home Renovators

In many parts of the City of Toronto, houses were built so close together that when one owner wanted to repair or improve one side of his or her house, it was...

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Mortgage fraud fallout working way through courts

Bob Aaron in Legal

Mortgage fraud may no longer be on the front pages, but the fallout from hundreds of past fraud cases is still wending its way through Ontario courts.

The most...

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Lawyer not obligated to negotiate better purchase agreement

Bob Aaron in Legal

When a lawyer is presented with an unconditional but obviously defective agreement of purchase and sale by a client, does he or she have an obligation to try to...

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Toronto's building department operations are neither open nor transparent

Bob Aaron in Legal

Before closing the purchase of their home, Pierre Marcoux and Caroline Bougie discovered the City of Toronto building department had an “open file” on the...

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RECO decision heralds new rules about basement apartments

Bob Aaron in Legal

A discipline decision by the Real Estate Council of Ontario (RECO) earlier this year has established what may be a new disclosure standard for real estate...

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Case dismissed against sellers of house with hidden defects

Bob Aaron in Legal

Back in April, 2006, Walter and Shelley Cotton signed an agreement to buy their dream home in Brantford. After closing, the house turned out to be the worst...

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Asbestos little-understood issue in real estate industry

Bob Aaron in Legal

Emma and Henry (not their real names) live in a modest three-bedroom detached home near Bathurst and Lawrence. A few weeks ago, their laundry room experienced a...

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Monopoly of land registration system inappropriate

Bob Aaron in Legal

Is the Ontario government about to auction off exclusive access to our land registration system to the highest bidder? Is it in the public interest to have a...

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Attached religious object likely should have stayed with house

Bob Aaron in Legal

Is a religious object attached to the outside of a house or condominium a fixture, which remains with the home on a sale, or a chattel, which can be removed by...

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Land survey most important document in real estate transaction

Bob Aaron in Legal

The sad tale of the Glenlake Ave. driveway featured in the Star late last month has focussed public attention on the difference between the Land Registry and...

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City takes dim view of junked car 'planter'

Bob Aaron in Legal

Down the street from my house, one of my neighbours has an old bathtub filled with earth sitting on the front lawn. In season, it contains flowering plants and...

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Lender didn't have right to add credit card balance to mortgage

Bob Aaron in Legal

Does a mortgage lender have the right to add the outstanding balance on your Visa card to the amount outstanding on your mortgage?

That was the issue in a 2009...

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Developer-imposed purchase agreements challenged

Bob Aaron in Legal

It has become common practice in Toronto for some developers to require condominium purchasers in each building to contribute to the costs of guest suites,...

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Victory for non-smoking condo couple in B.C.

Bob Aaron in Legal

A decision of the British Columbia Human Rights Tribunal late last year could have an enormous effect on owners and occupants of condominiums and rental...

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Buyers overpay builder for estimated taxes

Bob Aaron in Legal, Condo Buying Tips

In 2005, Stuart signed an agreement to purchase a condominium unit for $326,900 in an upscale 20-storey project not far from the Annex area.

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Who's getting rich off Rich Dad?

MoveSmartly blogger Bob Aaron was featured on CBC's Marketplace as host Erica Johnson invistigated complaints regarding "Rich Dad" real estate seminars.

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Owners no longer in hot water over outdoor tub

Bob Aaron in Legal

A recent decision of the Ontario Court of Appeal has come down strongly in favour of the rights of individual condominium owners.

The case deals with Wentworth...

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Make indoor air quality test a standard part of real estate purchases

Bob Aaron in Legal

I've always found it strange that the organized real estate community in Ontario is still highly concerned about urea formaldehyde foam insulation (UFFI) in...

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ARB decision on wind power noise sets precedent

Bob Aaron in Legal

In a precedent-setting move, a recently discovered decision of the provincial Assessment Review Board (ARB) has cut a homeowner's assessment in half because the...

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Title insurer not obligated to cover all risks

Bob Aaron in Legal

The problems caused by the strike of civic workers in Toronto last summer are now coming home to roost. Last June, John purchased a newly constructed $600,000...

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Amend code to protect innocent neighbours

Bob Aaron in Legal

Last week's column told the story of the illegal chimney on a north Toronto bungalow owned by Ruta Benjamin and her husband.

When the house next door to the...

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Couple's chimney suddenly "illegal"

Bob Aaron in Legal

Ruta Benjamin and her husband were sitting in their house, minding their own business, when they suddenly found themselves in violation of regulations of the...

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Will cheaper access to justice mean more litigation?

Bob Aaron in Legal

With less than a month to go, the Ontario court system is in for one of its biggest shake-ups in recent memory.

Effective Jan. 1, 2010, the monetary...

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Will kits can create recipe for disaster

Bob Aaron in Legal

Whatever money Pauline Rudling saved by using a will kit instead of a lawyer to prepare her last will and testament was spent hundreds of times over on legal...

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Court ruling rattles home inspectors

Bob Aaron in Legal

The home inspection industry in Canada may never be the same again following the decision of the British Columbia Supreme Court last week in the case of...

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Putting property in children's names is risky

Bob Aaron in Legal

There's a common misconception that the best way to avoid Ontario's 1.5 per cent probate fees on the value of an estate is to place the family home and other...

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Buyers hit with big bills for surprise adjustments

Bob Aaron in Legal

As many as 244 purchasers received a nasty surprise at the end of September when they got hit with thousands of dollars in "fictitious" charges on final closing...

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Rules on terminating a deal all over the map

Bob Aaron in Legal

Can a buyer refuse to close the purchase of a new home if there are deficiencies in construction, forgotten or incomplete items, or unauthorized changes to the...

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Honesty won't resolve disclosure form issues

Bob Aaron in Legal, Home Selling Tips

The Great SPIS Myth

It's time to reveal The Great SPIS Myth – the prevailing fiction about the Seller Property Information Statement (SPIS),...

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Ontario a step closer to mandatory energy audits

Bob Aaron in Legal

With the proclamation of the Green Energy Act, 2009, Ontario has moved one step closer to requiring mandatory energy audits on the sale of residential...

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Privacy at home focus of much court debate

Bob Aaron in Legal

Just how much privacy can a person expect in the comfort of his or her own home, free from any government intrusion? That was the question considered in August...

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Devil is in the details

Bob Aaron in Legal, Condo Buying Tips

Terry is a 23-year-old public servant, having recently graduated with a bachelor of commerce degree.

He is ready to buy his first home, and...

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Real estate agents are divided over disclosure form

Bob Aaron in Legal

One of the most controversial issues facing the real estate community is the use of the Seller Property Information Statement (SPIS), which is often provided...

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New right-of-entry bylaw is overkill

Bob Aaron in Legal

Power of entry is subject to a number of conditions and permit fees are costly

A Star reader recently emailed me to say he was thinking of purchasing a...

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Disclosure document is an invitation to litigation

Bob Aaron in Legal

The vast majority of residential real estate transactions close as scheduled, without problems or disputes. The chances of any given real estate deal resulting...

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Buyers, check condo status certificates carefully

Bob Aaron in Legal

In the course of my real estate law practice in Toronto, I often review condominium status certificates for purchasers. Usually this is a fairly routine...

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Historic house turns into 'renovation from hell'

Bob Aaron in Legal

When Amos Hertzman and Caitlin Pencarrick bought their small frame house in Vancouver's historical Strathcona neighbourhood five years ago, they never imagined...

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Insist on fireplace inspection when purchasing home

Bob Aaron in Legal

I was reviewing an offer to purchase a Toronto house last week and was surprised to see a condition that I had never seen before in an offer on a city home.

...

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Sellers statement often results in expensive court proceedings

Bob Aaron in Legal

Back in the spring of 2004, Timothy and Cherese Scherbak signed a listing agreement to sell their property on Boland Ave. in Sudbury, using the services of...

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Privacy and personal photos at heart of case

Bob Aaron in Legal

A decision released by the Supreme Court of Canada last month raises the interesting question of how much privacy an individual may expect with respect to...

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A street by any other name is just as sweet

Bob Aaron in Legal

Some roads named in a person's honour are well thought out; other choices come into question

Searching title to a local condominium townhouse last month, I was...

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'Tortuous' property law section needs legislative adjustment

Bob Aaron in Legal

Appeal court judges find wording of law 'virtually incomprehensible'

A three-judge panel of the Ontario Court of Appeal has called the wording of a section of...

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Have mortgage financing in place prior to closing

Bob Aaron in Legal

Back in November 2005, Nahid Eskandapour signed an agreement with Lebovic Enterprises Ltd. to buy a new home on Colony Rd. in Richmond Hill. The closing was...

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Buying inducements must be disclosed

Bob Aaron in Legal

Lenders need to have all pertinent information to prevent mortgage fraud allegations

An Alberta court has ruled that the contents of a lawyer's file in a real...

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Straw homebuyer scheme is illegal

Bob Aaron in Legal

Melanie came to her lawyer's office in tears. Two years earlier she had received $5,000 from a "friend" to allow her name to be used on the purchase of a...

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Is green roof bylaw valid or a cash grab?

Bob Aaron in Legal

Late last month, Toronto became the first city in North America to adopt a bylaw requiring the construction of green roofs on new developments. It comes into...

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Chinese drywall creating crisis

Bob Aaron in Legal

The issue of toxic Chinese drywall may well become the biggest environmental crisis to hit North American homeowners and builders in decades.

The defective...

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Case must be strong if you decide to sue lawyer

Bob Aaron in Legal

Sonia James learned the hard way that it's not always a good idea to sue your lawyer and blame your misfortunes on him or her.

In late 2002, James signed an...

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How to create a legal second suite

Bob Aaron in Legal

One of the biggest mysteries of the local real estate market is the legality of basement apartments – also known as granny flats, in-law suites, accessory...

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Loss of part of deposit teaches a hard lesson

Bob Aaron in Legal

Barbara and Michael learned the hard way that pre-construction deposits paid to builders of condominium units are only protected by the Tarion Warranty Corp....

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Court rules against aboriginal land claim

Bob Aaron in Legal

Injunction granted after protesters stall construction at Hagersville home-building site

Last month, the Ontario Superior Court in Hamilton granted an...

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Mark Freedman wrote the book on condo law

Bob Aaron in Legal

The Canadian condominium industry and the real estate bar lost one of its towering giants last weekend with the passing of Mark Freedman, a senior partner at...

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Cottage deals need special expertise

Bob Aaron in Legal

Last month I reviewed an offer to purchase a waterfront cottage near Kirkfield, Ont. The property was listed by a real estate agent in the Kawarthas and the...

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HST will box home buyers, builders into bizarre deals

Bob Aaron in Legal

I learned of a new term in the housing industry last week. "White box" refers to a newly constructed house or condominium unit that is built to the minimum...

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Builders should be upfront about extra condo charges

Bob Aaron in Legal, Condo Buying Tips

Last week I had the opportunity to review a condominium builder purchase agreement with a couple of clients. They had been told in the sales...

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Seek professional advice to keep cottage in the family

Bob Aaron in Legal

The Ontario Court of Appeal has dismissed an appeal by a mother who promised to give her son two family cottages if he renovated them, but then changed her...

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When it comes to surveys, size matters

Bob Aaron in Legal

Christopher and Lindsay Taggart were dismayed to discover that the lot underneath their newly constructed home was 1,000 square feet smaller than it was...

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Advertised house came up short

Bob Aaron in Legal

Purchase offer should ask that the advertised square footage be warranted

What happens if you buy a house and it turns out to be more than 18 per cent smaller...

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Thumbs down on offensive Illinois law

Bob Aaron in Legal

A new American law set to take effect June 1, 2009 will require anyone selling a residential property in Cook County, Ill. – which includes Chicago – to...

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Perhaps Health Canada should review UFFI ban

Bob Aaron in Legal

Over the last 18 months, approximately 700 older homes in Ontario have been insulated with a product containing urea formaldehyde foam insulation, or UFFI.

The...

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Legislation carries some scary powers

Bob Aaron in Legal

As part of its green energy legislation, the McGuinty government is poised to shred the right to privacy that all citizens enjoy in their lawyer's offices –...

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Bill 150 targets long-suffering homeowner

Bob Aaron in Legal

Imposing mandatory energy reports will further depress prices and sales volumes

If it was the intention of the Ontario government to do as much damage as...

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Don't take law into own hands over fence dispute

Bob Aaron in Legal

The Ontario Court of Appeal has written what may well be the final chapter in what I call The Case of the $100,000 Fence.

The case involved a dispute over a...

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Harmonized tax would hit renovations, resales

Bob Aaron in Legal

The already battered real estate industry had reason for concern when Premier Dalton McGuinty said last month that "we owe it to ourselves to take a good, long...

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Licensed home inspectors make perfect sense

Bob Aaron in Legal

British Columbia has become the first province in Canada to license home inspectors in order to protect buyers by ensuring qualified inspections. The B.C....

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Beware of mortgage tax deduction claims

Bob Aaron in Legal

Earlier this month, the Supreme Court of Canada issued a decisive ruling that clarifies once and for all that the interest paid on a mortgage taken out to...

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Review survey before signing any agreement

Bob Aaron in Legal

Is a real estate agent responsible for accurately advertising the lot size? What happens if he or she gets it wrong?

Those were the questions facing clients of...

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Should suicide have been disclosed to homebuyer?

Bob Aaron in Legal

Is a builder obligated to disclose to a purchaser the fact that a suicide occurred in the house just before the sale closes?

That was the question posed to me...

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Signing disclosure form requires legal assistance

Bob Aaron in Legal

A territorial judge in the Yukon has told the local real estate industry to take a hard look at one of its standard form documents. His comments were made in...

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Deck building litigation was needless waste of time

Bob Aaron in Legal

Judge rules that deck should have been inspected at the end of construction, not earlier

One of the reasons litigation is so expensive and time-consuming in...

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Consumer protection common 2008 theme

Bob Aaron in Legal

When it comes to consumer issues, my goal in this column is to educate, protect, and occasionally, entertain.

Over the past year, I emphasized how important...

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Court is an expensive way to deal with a noise complaint issue

Bob Aaron in Legal

A decision of the Superior Court of Justice in Toronto earlier this year clarifies the huge financial risks a condominium owner assumes if he or she is found...

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In litigation cases, often only the lawyers win

Bob Aaron in Legal

In 1997, James and Barbara Dinsmore bought a new townhouse in Windsor for $177,000 from Masterpiece Homes. On taking possession, they noticed dampness on the...

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Buyer gets frosty welcome

Bob Aaron in Legal

A recent decision of the Small Claims Court in Winnipeg illustrates whether the buyer or seller is responsible for damage to a home, which is discovered on...

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Fraudster's house 'sale' ends up costing bank

Bob Aaron in Legal

The fallout from mortgage fraud cases in recent years continues to occupy the attention of lawyers, judges and the innocent parties involved.

Back in 2006,...

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Lawyers may kill deals not in client's best interest

Bob Aaron in Legal

From time to time, lawyers get accused by real estate agents of being "deal killers." I was reminded of this recently in an email from Paula Riopelle, a real...

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Tarion softens approach on vendors who sell newly built homes

Bob Aaron in Legal

Tarion Warranty Corporation, which provides new home warranty coverage to most Ontario houses and condominiums, has amended its registration requirements for...

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Known dangerous defects must be disclosed by vendor

Bob Aaron in Legal

Does the doctrine of "buyer beware" allow a seller to conceal the mere possibility that there is a potentially dangerous condition in a house? That was the...

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Agents should never brush off the need for a survey

Bob Aaron in Legal

Nathan Vlahos and his wife are about to become first-time homebuyers. They are looking for a home between Richmond Hill and Newmarket and have selected a local...

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When it comes to property's paranormal history, it's buyer beware

Bob Aaron in Legal

In the real estate field, when the value of a house is, or could be, affected by a history of murder, suicide, ghosts, hauntings or other unexplained...

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Nail down right-of-access before purchase

Bob Aaron in Legal

A decision of the Superior Court of Ontario last month was a powerful reminder that real estate disputes can become very costly if they ever reach a courtroom.

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Health card acceptable for voting but not for mortgage

Bob Aaron in Legal

Why is an Ontario photo health card not a valid form of identification for purposes of a real estate transaction, but it's perfectly acceptable for the...

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Always review purchase agreements with a lawyer

Bob Aaron in Legal

A recent decision of the Superior Court of Justice highlights the risks of a buyer failing to close a transaction to buy a new home or condominium from a...

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Brother messes up with email scam

Bob Aaron in Legal

Back in 1998, brothers Faheem, Shaun and Narool Samad decided to purchase a house in Toronto for the three of them and their parents to occupy. At the time,...

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Not a Good Idea to Interfere With Right-of-Way

Bob Aaron in Legal

Grant and Lisa Hall were next-door neighbours to Loraine Wiltshire in north Toronto. The Hall property is west of the Wiltshire property, and both are...

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Oil Storage Tank Leak a Cautionary Tale

Bob Aaron in Legal

A scary tale of an oil leak in an Ottawa-area home provides a valuable lesson for homeowners whose homes are heated by oil.

In early 2006, an exterior oil...

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Bylaw Sinks Pirate Ship Playhouse

Bob Aaron in Legal

After architect Andrew Dewberry and author Jayne Seagrave bought their house in Vancouver three years ago, they decided to build a tree fort for their two...

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Foreclosure tale is coyote ugly

Bob Aaron in Legal

Ronald and Ann Bonnar owned a house in Cape Breton, N.S. The house had two mortgages registered against it – a first to Royal Bank of Canada, and a second in...

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Presence of asbestos kills home purchase

Bob Aaron in Legal

Carlos Lameiro fell in love with a three-bedroom bungalow, near Dixon Rd. and Kipling Ave. in Etobicoke. It has a finished basement with a separate entrance,...

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Mortgage Fraud Scheme Manipulated 'Puppet' Purchasers

Norman Ave. is a two-block long street near St. Clair Ave. W., and Lansdowne Ave. Number 16A is a small row house that recently became the subject of an apparent mortgage fraud...

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Putting oil in wrong tank adds fuel to this warning

Bob Aaron in Legal

A decision of the Ontario Superior Court earlier this year provides a valuable lesson to property owners whose homes were once heated with fuel oil.

Back in...

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Clients will suffer if articling program is abolished

Bob Aaron in Legal

Imagine hiring a newly minted real estate lawyer for the largest purchase transaction of your lifetime – a new home – only to find out that he or she has had...

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Vendors take risk signing SPIS form

Bob Aaron in Legal

A recent leaky basement court case from the Ontario Superior Court in Thunder Bay is the latest in what might be called a flood of litigation resulting from...

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Family feud sparked over ownership of cottages

Bob Aaron in Legal

A recent decision of the Ontario Superior Court of Justice (see below) provides a timely reminder that parents who want their cottages to remain in the family...

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New delayed occupancy warranty benefits consumers

Bob Aaron in Legal

Tarion Warranty Corporation has introduced a new set of rules for delayed condominium occupancies. The new delayed occupancy warranty came into effect July 1,...

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Closing dates you can take to the bank

Bob Aaron in Legal

On July 1, Tarion Warranty Corp. introduced a completely new set of rules and procedures for delayed closings of freehold homes and condominiums purchased from...

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SPIS Results in Rocky Legal Ride for Ontario Home Buyers and Sellers

Bob Aaron in Legal

An Ontario court decision released last month serves as a potent reminder of the dangers of using a Seller Property Information Statement (SPIS) when...

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Long-suffering homeowners need cement case resolution

Bob Aaron in Legal

The Great Eastern Ontario Cement Case is alive and well and thriving in Ottawa. In fact, after wending its way through the Ontario court system for more than...

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Good Renovation Advice Available to Both Owner and Contractor

Bob Aaron in Legal

A bizarre news story out of Shoreham, England, serves as a powerful reminder that the failure to have a signed home renovation contract can create...

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Cheque Scam Threatens to Slow Down Real Estate Transactions in Toronto

Bob Aaron in Legal

A recent spate of counterfeit certified cheques hitting Toronto-area law firms threatens to slow down the efficient processing of real estate transactions.

...

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Check the Noise Level Before You Purchase a Home

Bob Aaron in Legal, Home Buying 

Next month marks the official beginning of summer, the season when many city folk retreat to their cottages to de-stress and to absorb some...

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Before Home Buying Check Survey for Boundaries

Bob Aaron in Home Buying, Legal

Taking the law into your own hands over a property line dispute can be dangerous to your bank account, as one Toronto homeowner discovered...

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The Limits of Title Insurance: Toronto Buyer Soaked with Vendor's Final Water Bill

Bob Aaron in Legal, Home Buying

When Donna bought her home near Warden Ave. and Ellesmere Rd. last summer, she had no idea she would get stuck with the final water bill of the...

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Good fences make good neighbours, but bad lawsuits

Bob Aaron in Legal

Back in 1915, poet Robert Frost penned the line "Good fences make good neighbours." Last year, in a bitter dispute involving the owners of adjoining cottage...

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Road Access Critical When Buying Cottage in Ontario

Bob Aaron in Legal, Home Buying

The most important question for anyone buying a cottage property is always, "How do I get there from here?" After all, there's no point...

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Ontario Home Buyer Pays Price for Jilting Agent

Bob Aaron in Home Buying Tips, Legal

Earlier this month, the Ontario Superior Court of Justice released a decision which highlights the obligations of parties signing a...

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Beware if You're Purchasing a New Home or Condo to Flip

Bob Aaron in Legal, Home Selling Tips, Toronto Real Estate News

Ed. Note.  We are pleased to welcome Bob Aaron, a Toronto real estate law expert, to Move Smartly.  A leading ...

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