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The market for Airbnb houses and condos is likely to take a significant hit in the wake of a ruling earlier this year by the Tax Court of Canada, which held that the sale of a...
Judge finds it foreseeable sellers might rely on proceeds of sale to meet obligations to buy another house. Bob Aaron says it’s best to have backup financing.
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.
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...
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.
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.
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.
Justice of the peace found noise caused by pickleball was unreasonable and disturbed inhabitants and that this breached town bylaws.
This example shows Ontario’s laws must ensure an end to discrimination in housing throughout the province.
It failed to consider these fairly, take his concerns seriously, and provide timely responses and decisions during the process.
“Why would anyone pursue seemingly hopeless litigation over the right of way to a mutual driveway?”
Real-life tips from a Toronto legal firm that represents many parties in home buying and selling transactions that run into issues.
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.
Home buyers and sellers can avoid expensive legal judgments with more straightforward options to resolve a contract dispute.
A clarification on the amount of HST to be applied to assignment sales after a confusing budget announcement.
How a new measure to target property speculation might disrupt the market.
Some buyers are hoping to 'flip' pre-con units before they have to close on - and actually pay for - them.
Prospective purchasers cannot rely on a published listing when it comes to the interior size of a home.
Always read the fine print when you rent home equipment like furnaces, A/C, HVACs and water softeners.
A fair ruling or is it just downright batty?
One spooky surprise taught these homeowners an important lesson about disclosure.
Buying a house with a "private drive" may not be as straightforward as you'd think in Toronto.
A Superior Court decision in August provides valuable guidance on how buyers and sellers should act when a property suffers substantial damage before closing.
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?
Until now, Ontarians who own land could have legally been made to maintain public roads - not a job most are equipped for.
If you are buying a selling a home, avoid scheduling your closing date on September 30.
Can a buyer terminate a transaction and get their deposit back if the published listing significantly overstates the size of a house?
Canadians who buy, renovate and sell homes quickly use the principal residence gain tax exemption to enhance their profits - but there may be limits.
Privacy screens and video cameras out while religious decorations allowed in recent Ontario legal rulings on shared condo building/townhouse spaces.
Who is responsible when a home is so defective that it is deemed unsafe to occupy?
Can a home inspector avoid legal responsibility if there is an exclusion of liability clause in the inspection contract?
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.
What happens when home sellers leave behind possessions, or even cash? Should buyers keep their findings or return it to the sellers?
A couple in Edmonton find $500,000 while renovating their new home. Finders, in Canada though, are not necessarily keepers.
A new legal judgement suggests that Ontario condo boards must act reasonably towards owners deemed to be non-compliant.
A respected real estate lawyer warns against using untested COVID-19 clauses in property transactions.
This past year’s GTA real estate market may become known as the year of aborted transactions.
Given how pervasive condos are to city living, why are so many unit owners out of touch with how condos are managed?
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?
More Canadian than Toronto neighbours arguing about building an addition on a house? Arguing about a shared maple tree.
Owner stuck with $25,000 in court costs over cottage’s pre-existing issues - in spite of paying for title insurance.
Joint ownership of a home in Ontario has meant that a surviving owner becomes the sole owner - but now?
High real estate prices are inspiring more creative buying arrangements between even casual acquaintances - but it's important to proceed carefully.
What happens when sellers are late moving out?
Is a homeowner obliged to disclose to a potential purchaser that the house was the site of a gang murder?
Why there is no such thing as a simple will.
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?
Special issues can arise from shared driveways and other shared property points.
Toronto’s own zoning regulations are standing in the way of its goal to create 40,000 affordable housing units.
What happens when an owner receives an incorrect status certificate issued by a condominium corporation?
The Ontario government’s decision to repeal the Green Energy Act has also changed the rules for homeowners looking to sell their properties.
What happens when the rights of smoking and non-smoking tenants and landlords conflict?
Home buyers need to come up with the money for a winning bid - even in a declining market.
Buyers of lakefront cottages should be aware of whether their land touches the water not only in fact but according to the registered title.
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?
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?
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...
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.
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...
Can a person be convicted of illegally removing a property-line tree when the City has issued a permit authorizing it?
A recent court case emphasizes the importance of using a survey and getting accurate property measurements before signing an agreement in a home purchase.
How is it that 22 condominium owners in a north Toronto development do not own the units they are living in?
Gillean Gibb and Liliana Maria Pereira are next-door neighbours on Grosvenor St., in London, Ont.
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...
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?
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.
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...
Bob Aaron in Legal, Home Buying, Condo Buying
A fact sheet published last month by LawPRO — the Lawyers’ Professional Indemnity Company — provides an interesting insight into...
A recent decision of the Ontario Superior Court warns homeowners that a distributor’s delivery of fuel oil does not mean that their tanks are safe. It also...
Bob Aaron in Condo Buying, Legal
With parts of the new Condominium Act coming into force next week, there is concern about important consumer protection sections in the act that...
The Ontario government acted with speed in imposing a new non-resident tax on real estate purchases.
But when it comes to protecting consumer deposits on...
Bob Aaron in Legal, Condo Buying
When marijuana becomes legal next summer, landlords, tenants and condominium owners can expect an increase in disputes related to both indoor...
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...
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...
A recent case involving a Toronto co-ownership building illustrates why expensive court proceedings are not always the solution to disputes between owners and...
Bob Aaron in Home Buying, Legal
The most important thing a real estate lawyer must do for his purchaser clients is to confirm the exact dimensions, and location, of the property...
Taddle Creek Pond in Wychwood. Photo Credit: By Wordconcepts - Own work, CC BY-SA 4.0
Collecting homeowner fees to maintain private roads and other shared...
Editor's Note: This article was first published last month (May 2017).
The Ontario government last month finally passed legislation to regulate the home...
Bob Aaron in Legal, Home Buying, Home Selling
The Ontario Real Estate Association (OREA), which represents 70,000 real estate agents and brokers, has become involved in a public...
Editor's Note: This article was first published last month (May 2017).
Last month’s introduction of the 15-per-cent Non-Resident Speculation Tax has turned...
Bob Aaron in Legal, Home Buying
When is a detached house not detached? That was the question facing the “Smiths” late last month.
The couple came to see me after they signed an...
Bob Aaron in Legal, Home Buying
Taddle Creek Pond in Wychwood. Photo Credit: By Wordconcepts - Own work, CC BY-SA 4.0
A 2016 decision of the Ontario Divisional Court has...
When the city of Toronto increased its municipal land transfer tax on March 1, no one could have imagined that the failure to grandfather any transactions...
Photo Credit: By Secondarywaltz (Own work), CC BY-SA 3.0 via Wikimedia Commons
The Supreme Court of Canada has written the latest chapter in the ongoing...
Not all insurance policies exclude coverage for floods entering a house from the outside.
Last month I wrote about a $2-million claim for catastrophic water...
Bob Aaron in Legal, Home Selling
Patrick Gladu and wife Danielle Boyer-Gladu purchased a property in Sturgeon Falls, Ont., back in 2009.
The house had been advertised on the...
Imagine turning to your insurance company after catastrophic damages to your house and being told, “You’re not covered.”
That’s what happened to Hassan...
Anyone interested in becoming a landlord in Ontario could learn some lessons from a recent court case which demonstrates how an unscrupulous tenant was able...
Bob Aaron in Legal, Condo Buying
Should condominium corporations disclose the existence of Kitec plumbing to potential buyers on their status certificates? That was the question...
Condo owners who rented their suite for short-term stays violated the building’s rules, an Ontario court ruled earlier this month.
The Ottawa condo’s...
Bob Aaron in Legal, Home Buying
What happens if you discover water flowing below the floor in a newly-purchased house and you have to completely gut the basement to remove toxic...
Bob Aaron in Legal, Home Buying
The Supreme Court of Canada has written the final chapter in one of the most important title-insurance cases of this generation.
The story began...
Bob Aaron in Legal, Home Buying, Condo Buying
What should a buyer do when the status certificate for their condominium purchase shows that the corporation is involved in...
Bob Aaron in Legal, Real Estate Trends
A law...
Bob Aaron in Legal, Home Buying, Home Selling
A small claims court decision released last year underscores the importance of careful wording of seller promises in agreements of...
Bob Aaron in Legal, Home Buying
Tarion Warranty Corporation has warned Ontario’s builders and real-estate agents they can be charged and fined if involved in the sale of an...
Bob Aaron in Legal, Home Buying
An interim report on the Tarion warranty corporation should have gone further to protect home buyers’ purchase deposits.
Special adviser J....
How many times do Ontario judges have to cry out for changes to the landlord and tenant court procedure to prevent tenants from “gaming the system” before the...
Bob Aaron in Legal, Home Selling
The Seller Property Information Statement (SPIS) continues to be the single most dangerous document in current use in the real estate market.
...
Editor's Note: This post was first published on July 2, 2016.
Will home buyers willingly pay an extra $148 to help lawyers close their purchase transactions?
...
The soaring values of GTA-area homes has made it an increasingly expensive proposition to die while owning real estate.
Huge probate taxes, officially known...
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...
Bob Aaron in Legal, Home Buying, Condo Buying
There’s good news and bad news for homebuyers who would like to see a formal licensing protocol instituted for the province’s home...
Bob Aaron in Legal in Home Buying, Condo Buying
A decision by the Tax Court of Canada last month has muddied the waters about who is — and is not — entitled to the new-home...
Bob Aaron in Legal, Condo Buying
Editor's Note: This article was first published Feb 13 2016.
Thousands of purchasers of new condominiums are being overcharged for property taxes
Editor's Note: This article was first published on Feb 1 2016.
A decision of the Ontario Court of Appeal has ruled that late payment charges and default fees...
Bob Aaron in Legal, Condo Buying
Recent lawsuits over material changes in final sale agreements have ended with the courts ordering buyers’ deposits fully refunded.
Three...
Bob Aaron in Legal, Home Buying
Ontario homeowners who have purchased title insurance policies are the big winners in a Court of Appeal decision released last week.
When Paul...
Bob Aaron in Legal, Home Buying, Condo Buying
A review of consumer protections for owners of new homes is set to get underway.
Retired associate chief justice J. Douglas...
Bob Aaron in Legal, Home Buying, Home Selling
Is a seller required to be truthful in disclosing to a buyer that a house was built on potentially toxic landfill? That was the...
Under provincial law, the bottom of any navigable lakes or rivers typically belong to the Ontario Crown, and no docks or boathouses with foundations sitting...
Bob Aaron in Legal, Home Buying
The vast majority of real estate agents are honest, competent and caring individuals.
Occasionally, however, one of them falls off the rails.
Bob Aaron in Legal, Home Buying, Condo Buying
A squeaky wooden floor was at the centre of a recent decision by the Ontario Licence Appeal Tribunal that overruled the province’s...
Bob Aaron in Legal, Home Buying
Tracy Lynn Robinson and her husband bought a house in Milton last year.
The purchase agreement contained a warranty that the appliances and...
Bob Aaron in Legal, Condo Buying
This is the story of a $47,000 dog named Peaches and its troubled stay in a Barrie condominium.
It all began back in July, 2014, when Dianna...
Bob Aaron in Legal, Home Selling, Home Buying
Does the seller of a house have a legal obligation to advise the buyers about a flood that occurred after the parties entered into...
Bob Aaron in Legal, Home Buying, Condo Buying
Two areas involving builder agreements of purchase and sale that cry out for action by the new homes provincial watchdog are...
Editor's Note: This article was originally published prior to July 1st.
Next week marks a sea change in Ontario real property law when it becomes legal to...
Bob Aaron in Legal, Home Buying
With the high price of housing these days, more buyers are turning to the Bank of Mom and Dad for help in acquiring a new home. Often, this takes...
Bob Aaron in Legal, Condo Buying
“If Shakespeare was alive today and owned a condo in Ontario (let’s say Stratford), he would have ample material for a new play about...
Bob Aaron in Home Buying, Legal
Back in June 2011, Angela Maria Henao and her aunt signed an agreement to buy a new house on Quetico Cres in Oakville. With the June 2012,...
Across Canada there are thousands of bronze plaques marking historic designations but, until now, not one of them has commemorated a court case.
That...
An Ontario Court of Appeal decision last year totally reversed what had been commonly viewed for the last 100 years as the law on interference with a...
A decision of the Ontario Superior Court last month suggests a novel way of avoiding the need to pay province’s 1.5 per cent estate administration tax on real...
Bob Aaron in Legal, Home Buying
It is a common understanding among real estate lawyers that residential title insurance will provide protection against municipal work orders and...
Bob Aaron in Legal, Home Buying, Home Selling
Is a real estate agent obligated to disclose to purchaser clients whether the house they are interested in buying is stigmatized...
Bob Aaron in Legal, Condo Buying
Last month I wrote about a court case involving the purchase of a condo townhouse with a third floor attic conversion that did not comply with...
Bob Aaron in Legal, Home Buying, Home Selling
If a property in Ontario has been stigmatized as a result of a murder, suicide, death, haunting — or other unpleasant event — must...
Bob Aaron in Legal, Condo Buying
A major decision of the Ontario Court of Appeal last week has raised the bar on the level of due diligence required by condominium corporations...
The Ontario government is cracking down on estate trustees who do not accurately declare the full value of a deceased person’s assets, including real estate.
Bob Aaron in Legal, Home Buying
The 150 purchasers in the failed Centrium condominium project might not have lost their combined deposits of $14.9 million had the Law Society of...
Bob Aaron in Legal, Home Selling, Home Buying
The Real Estate Council of Ontario (RECO), the body that licenses and governs real estate agents, is cracking down on...
Bob Aaron in Legal, Home Selling, Home Buying
A recent decision of a discipline panel of the Real Estate Council of Ontario (RECO) could spell the end of the Seller Property...
Bob Aaron in Legal, Condo Buying
What happens if condominium board members fail to comply with the Condominium Act? That question was the focus of a case which ultimately wound...
Bob Aaron in Legal, Home Selling, Home Buying
Photo Credit: plus.google.com
The Seller Property Information Statement, a disclosure form created by the real estate industry,...
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...
Bob Aaron in Legal, Home Buying
Photo Credit: iStock.com
I just found out that the boathouse and dock in front of my cottage were constructed on a municipal road allowance, and...
Bob Aaron in Legal, Condo Buying
Photo Courtesy: iStock.com
Why does a lawyer have to review the condominium status certificate on a resale purchase? What are the risks if it’s...
Bob Aaron in Legal, Condo Buying
Photo Courtesy: iStock.com
We have experienced an overwhelming smell of cigar smoke coming from the condominium unit above ours. What can we do?
Bob Aaron in Legal, Home Buying, Condo BuyingPhoto Courtesy: iStock.com
Where can I find the size of the condo unit I’m buying in the builder’s pre-construction contract?
I...
Photo Courtesy: istock.com
I’m about to do a major renovation in my home. What kind of paperwork do I need?
Excellent answers to this question were provided...
Photo Courtesy: iStock.com
I just learned that my house was renovated without a proper permit from the city. Do I have title insurance coverage for the...
Bob Aaron in Legal, Home Buying
Photo Courtesy: istock.com
As a real estate lawyer, I am a big supporter of the campaign by the Toronto Real Estate Board (TREB) to phase out...
Bob Aaron in Legal
Photo Courtesy: iStock
Daylight saving time starts tomorrow morning and, for me, it can’t come soon enough. It will still be daylight well after 7 p.m. and,...
Bob Aaron in Legal
Photo Courtesy: iStock
Last month you wrote about a ruling by the late Justice Sydney Robins which paved the way for signing real estate agreements by fax. Does...
Bob Aaron in Legal, Toronto Real Estate News, Condo Buying, Home Buying
Photo Courtesy: istock.com
A seller must pay commission to their real estate agent if a full-price offer...
Bob Aaron in Legal, Home Buying
True or false? A land survey is unnecessary if the house purchaser buys title insurance.
Answer: false.
A court decision released last month...
Bob Aaron in Legal, Toronto Real Estate News, Condo Buying, Home Buying
Many buyers of new homes and condominiums may be surprised to receive a demand from Canada Revenue Agency...
Bob Aaron in Legal, Toronto Real Estate News, Condo Buying, Home Buying
A recent court decision raises the thorny issue of whether it should be legal for builders to restrict...
Bob Aaron in Legal, Toronto Real Estate News, Condo Buying, Home Buying
A sea change is coming for the management and operation of the province’s 600,000 condominium units if...
Bob Aaron in Legal, Home Selling, Home Buying
Photo Credit: Bob Aaron
In the real estate field, when the value of a house might be affected by a history of murder, suicide,...
Bob Aaron in Legal, Home Selling, Home Buying
I think it’s time that a land survey be made a compulsory part of every real estate transaction. It baffles me why a clause to that...
Bob Aaron in Legal, Home Selling, Home Buying
Two recent decisions of the Ontario Superior Court have determined that an open municipal building permit — where the city has not...
Bob Aaron in Legal, Home Selling, Home Buying
My nomination for the the most odball real estate scheme of the year is last week’s proposal by Larry Chilton and his real estate...
Bob Aaron in Legal, Home Selling, Home Buying
In the wake of widespread flooding in Toronto last week, I’ve had a number of phone calls and emails from people trying to sell...
Bob Aaron in Legal, Home Selling, Home Buying
Just when I thought I had heard every possible real estate problem, a client showed up with a question that is so novel that the...
Bob Aaron in Legal Image: urbantoronto.ca
A couple of weeks ago I was meeting with a client to sign closing documents for his condominium purchase in the Scenic on Eglinton...
Bob Aaron in Legal One of the most common complaints from condominium residents is noise coming from neighbouring units. In the last 40 years, more than 100 condominium noise...
Bob Aaron in Legal, Home Buying
In the world of real estate, it’s not very well known that title insurance policies vary significantly from one company to another.
When it...
Bob Aaron in Legal, Home Selling, Home Buying
An interesting decision from Toronto’s small claims court last December provides a useful lesson on the obligations of buyers,...
A decision of the Ontario Court of Appeal in February may have settled the thorny question of whether or not courts have the authority to correct erroneous...
Five former board members of a London, Ont., condominium corporation have been personally ordered to pay costs totalling $36,300 as a result of two related...
Last week I received an email from a Star reader who had just bought a $588,000 home in Scarborough and wanted to know if I could refer him to a...
In one of the scariest court decisions of recent years, the Ontario Divisional Court has ruled that innocent landowners can be held responsible to remedy...
Bob Aaron in Legal, Home Selling
A Saskatoon real estate agent and his brokerage have escaped liability to the purchasers of a home with a wet basement in a misrepresentation...
Bob Aaron in Legal, Home Buying, Condo Buying
Despite the fact that residential title insurance has been commonplace in Ontario for the last 15 years, many of my clients still...
Bob Aaron in Legal, Home Buying
An Ontario real estate agent has escaped responsibility for failing to review the results of a professional home inspection with his purchaser...
Bob Aaron in Legal, Condo Buying
A recent decision of the Superior Court of Justice in London, Ont., carries a powerful message about the consequences that can result when a...
Bob Aaron in Legal, Home Buying
Imagine waking up one morning to find out that the house you are living in and have listed for sale belongs to your next-door neighbours, and...
Bob Aaron in Legal, Home Buying
A decision of the Ontario Divisional Court this summer underscores the importance of having an experienced real estate lawyer review a builder...
Ontario property owners may soon be in for a shock when they receive their new property assessment notice, but it doesn’t necessarily mean their taxes are...
A decision of Justice Ted Matlow in the Ontario Superior Court last month contains valuable lessons for residential landlords and tenants, along with a strong...
Bob Aaron in Legal, Home Selling
As a result of its promotion by the Ontario Real Estate Association (OREA), the seller’s property information statement (SPIS) continues to be a...
Bob Aaron in Legal, Condo Buying, Toronto Real Estate News
In June, the McGuinty government announced a public consultation process to “modernize” the 1998 Condominium Act to...
Bob Aaron in Legal, Condo Buying
Condominium corporations have a duty to accommodate residents who have sensitivity to second-hand cigarette smoke, according to a recent decision...
Bob Aaron in Legal, Condo Buying
The Tarion Warranty Corp. has introduced a number of program changes which will benefit consumers by providing better disclosure of extra charges...
A recent decision of the British Columbia Court of Appeal serves as a strong reminder that landowners who are involved in property boundary disputes should...
Compulsory licensing for small landlords is rapidly spreading throughout Ontario, having come into effect most recently in Waterloo on April 1 and North Bay on...
Toronto real estate law guru Jeffrey Lem has a knack for making court cases both entertaining and educational at the same time.
His latest effort, which...
The beginning of the cottage season is a good opportunity for a reminder that recreational real estate transactions are unlike any other property dealings.
...
Bob Aaron in Legal, Toronto Real Estate News
There are many good reasons to support the Toronto Real Estate Board in its battle with the federal Competition Bureau. After all,...
Bob Aaron in Legal, Home Buying, Home Selling
My column on basement apartments earlier this month seems to have touched a nerve among homeowners and real estate agents, many of...
Bob Aaron in Legal, Home Selling, Home Buying
When real estate agents prepare offers for a house with a basement apartment, they typically insert a clause stating that “seller...
Whenever a new subdivision is built, the subdivider is required to enter into a development agreement with the municipality. Part of each agreement is a...
It is not unusual for lawyers, as we advance through our careers, to assemble a short list of our heroes in the legal field — outstanding individuals who have...
Frank and Dolores Lipischak are next-door neighbours to Diana DeWolf and Joe Russ on Caille Ave. in the town of Lakeshore in Essex County. Their homes front on...
Bob Aaron in Condo Buying, Legal
Peel Condominium Corp. 108 is an attractive townhouse development built in 2002 on Central Park Dr. in Brampton.
Back in April 2009, the board of...
Bob Aaron in Legal, Home Selling
When you’re selling a house known as a link-semi, is it wrong to advertise it as a detached home?
The link house style was popular in Toronto in...
Bob Aaron in Legal, Condo Buying
In a landmark consumer protection initiative, the Tarion Warranty Corp. has proposed a requirement that builder purchase agreements set out in one...
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...
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...
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...
Bob Aaron in Legal, Home Buying, Condo Buying
With thousands of new Toronto condominiums being completed each year, investor purchasers are putting many of them on the market,...
Bob Aaron in Legal, Home Buying
One of the lesser known benefits of title insurance is that the insurer is obligated to provide and pay for the legal costs of defending the...
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...
Bob Aaron in Home Buying, Condo Buying, Home Selling, Legal
One of the biggest challenges facing the new home industry today is the problem of illegal construction and sale of...
Bob Aaron in Legal, Home Buying
An Ontario court has found a real estate agent partially liable in damages for failing to review a home inspector’s report carefully with his...
Bob Aaron in Home Selling, Legal
If there ever was any doubt about the risks to sellers and real estate agents of using the Seller Property Information Statement (SPIS), a...
Does a seller have an obligation to disclose to a purchaser with young children the fact that a person convicted of child pornography lives across the street?...
Bob Aaron in Home Buying, Legal
The governing bodies of the notary and legal professions in Quebec have launched a lawsuit against several title insurance companies over the...
Bob Aaron in Home Buying, Condo Buying, Legal
In my column on April 2, I wrote about a study by Halifax Home Insurance in the U.K. which reported that more than 360,000 Britons,...
Bob Aaron in Real Estate Trends, Legal
At any given time, at least some of the courts in Ontario are occupied with disputes between neighbours. Based on the current law reports...
Bob Aaron in Legal, Condo Buying
A Toronto-area builder has filed a notice of appeal after losing two small claims court cases to new condominium buyers who sued to recover...
Bob Aaron in Legal, Condo Buying
Last month two clients of mine were closing on the purchase of a new Toronto condominium. When they received the final statement of adjustments...
“Good fences make good neighbours” is an old English proverb made popular by Robert Frost in his 1914 poem “Mending Wall.” It was quoted again last year in an...
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...
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...
The Supreme Court of Canada has written the final chapter in a case which raises important issues about the protection of our privacy rights, which are...
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...
David Larock in Home Buying, Mortgages and Finance, Legal
Your property’s title provides the legal proof that you are its owner. It describes your rights to the land and any...
Bob Aaron in Legal, Home Selling
Over the years, I have repeatedly criticized the Seller Property Information Statement (SPIS), a form published by the Ontario Real Estate...
One of my all-time favourite court cases deals with the Edmonton family who were well into building their dream home when they discovered that they didn’t own...
Bob Aaron in Legal, Home Buying, Mortgages and Finance
It’s hard to think of any consumer purchase contract where the price on the front page is not the full purchase price,...
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.
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...
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),...
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...
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...
Rachel Loizos in Legal, Condo Buying Tips, Home Buying Tips
In his recent article, Condo Buyers should prepare for ‘phantom’ rent, Terrence Belford of the Globe and Mail...
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...
If you already own a home and are considering marriage, you may be considering obtaining a marriage contract to protect your assets. If you are considering...
Rachel Loizos in Legal, Home Buying
You can browse through the list provided on the City of Toronto Website and search our heritage properties by their municipal address. The...
Rachel Loizos in Legal, HomeBuying
I attended a great Law Society of Upper Canada seminar recently, The Annotated Agreement of Purchase and Sale, chaired by Bradley N. McLellan...
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...
Carl Minicucci in Home Buying Tips, Condo Buying Tips, Legal
In the market and planning the purchase of a new freehold home or condominium in the next few months? If so, you will...
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...
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...
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...
It's not uncommon for an elderly parent to transfer real estate or other assets into joint names with his or her adult children. When this happens, does the...
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...
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 ...
Rachel in Legal, Real Estate Trends
Some new developments are coming to pass in the legal world as it relates to real estate. You may or may not know that the province of...
Rachel in Lifestyle, HomeBuying, Legal
With spring in the air and my tulips breaking the surface in my garden, my thoughts naturally turn to home renovations. I enjoy taking on...
Rachel in Legal, HomeBuying
I have heard many people say that they want to rent out their basement or that they want to buy a property that can accommodate a tenant. Whether this...
John in Condo Buying Tips, Legal
A couple of months ago, CBCs’ Marketplace had a great feature that highlighted many of the problems that buyers of new condominiums are faced...
Rachel in Condo Buying, Legal
If you are currently or have ever considered buying a condo, you should check out this site. It belongs to the Canadian Alliance for Condominium...
Rachel in Home Buying, Money, Legal
Home buyers, especially first time home buyers, are often surprised by their closing costs. Although the standard legal fees and land transfer...
Heather in HomeBuying, Money
RRSP season is here and at this time of year, Canadians grapple with issues about finding money to contribute, deciding what to invest in, and...
Rachel in Legal, HomeBuying
In your agreement for purchase and sale you will very often have items, called warranties, that help define and clarify the agreement between the...
Rachel in Home Buying, Legal
In a previous post, we discussed the most common ways that people can take title to property. In particular, sole ownership, joint tenants, and...
Rachel in HomeBuying, Money, Legal
On October 22, 2007, Toronto City Council approved a Municipal Land Transfer Tax (MLTT), the "Toronto Tax," and we have now received more...
Rachel in Legal, HomeBuying
A recent article highlights one of the most valuable and often glossed over part of your real estate transaction - relationships. Reported in the Globe...
Rachel in Condo Buying, Legal, Ask an Expert
This post is a collection of some popular questions that I have received over the last little while that I thought might be of...
Rachel in Legal, HomeBuying
Most HomeBuyers do not bring the agreement of purchase and sale to their lawyer until it has already been signed. If you do not have a lawyer review...
Rachel in Condo Buying, Legal, Money
A HomeBuyer can decide to buy a new condo at any point that units are available for sale – meaning from the time the sales office is open all...
John in Home Buying, Legal
Multiple offers on homes are a common occurrence in Toronto’s hot real estate market. For those unfamiliar with the dynamics of a multiple offer, go to
It is not just the law, but good common sense. Make sure you have both a carbon monoxide alarm and a fire alarm in your house. Make sure you maintain the...
Rachel in Home Buying, Money, Legal
Mayor Miller’s land transfer tax (Miller’s Toronto Tax) takes effect on February 1, 2008.
I was having a conversation last night about the...
Jesse in Condo Buying, Legal, Lifestyle
You have found your ideal condominium. It may be a conversion of sorts, a shiny high-rise in a tony neighbourhood or one of the row house...
Title insurance is widely used in Ontario real estate transactions and is often used to replace or augment what is referred to as the ‘solicitor’s...
Rachel in Home Buying, Legal, Money
In my very first post on this blog, I wrote about the GST rebate and how HomeBuyers can take advantage of the benefit of the ‘transitional...
Rachel in Legal, Home Buying, Condo Buying
You have finally received the good news that your new home is (almost) ready. Only a few more loose ends to tie up before you can...
Rachel in Legal, Condo Buying
Very few people give a second thought to insurance coverage issues until disaster strikes – arguably not the best time to start wondering if you...
Rachel in Urban Issues, Home Buying, Legal, Money
Councillor Thompson dropped a stack of over 1,000 sheets of paper at the start of the meeting and announced they represented ‘no’...
My previous post on taking title did not address the title-related issues in the fairly common scenario where people live together in a relationship...
Rachel in HomeBuying, Legal, Real Insight
Ed note. Real Insight is a periodic feature decoding some of the many mysteries surrounding HomeBuying.
Any number of factors can...
Rachel in HomeBuying, Legal, Real Insight
Ed note. Real Insight is a periodic feature decoding some of the many mysteries surrounding HomeBuying.
When you purchase your home, you...
Rachel in Legal, HomeBuying, In the News
There are many reasons to require a home inspection prior to firming up your real estate transaction. For most people, buying a home is...
Rachel in Condos, HomeBuying, Legal, Money
Nothing sends clients reeling like the statement of adjustments on a new condominium closing, except, perhaps the statement of...
John in Toronto Real Estate News, Legal
An article in the Globe and Mail this weekend tells the story of a handful of investors who pre-purchased condominium suites at the now...
Rachel in Legal, HomeBuying, Condos
There is a very interesting period during the purchase of a new condominium that resembles something between ownership and renting...known as...
Rachel in Legal, HomeBuying
My friend recently purchased a house and despite my best efforts, she proceeded with the transaction without obtaining a survey. Exasperating! A survey...
Rachel in Legal, Condos, HomeBuying, Real Insight
Ed note. Real Insight is a periodic feature decoding some of the many mysteries surrounding HomeBuying.
A very dear friend of...
How would you like the purchase of your new home to translate into clawing back some of your hard-earned dollars – and from the government? Very much, I think....
Welcome to realosophy.com! We hope that you are as excited as we are about our new Toronto HomeBuyer’s website.
We are a group of young consumers and professionals who once...
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