Real Estate Law
Fixtures vs. Chattels in Ontario Real Estate
When buying or selling a home in Ontario, questions can arise about which items stay with the property, and which items the seller is entitled to take. Understanding the difference between fixtures and chattels, and clearly addressing included and excluded items in the Agreement of Purchase and Sale, can help avoid disputes before closing. What…
Read MoreWhat is the Requisition Date in an Ontario Real Estate Transaction?
When reviewing an Agreement of Purchase and Sale for a property in Ontario, buyers and sellers may come across a date referred to as the requisition date or title search date. Unlike the closing date, the purpose of the requisition date may not be immediately obvious to someone buying or selling a property. However, it…
Read MoreClosing Date Extensions in Ontario Real Estate Transactions: What Buyers and Sellers Need to Know
The closing date is one of the most important dates in an Ontario real estate transaction. It is the date on which the buyer is expected to provide the required funds, the seller is expected to transfer title, and the transaction is completed. But real estate transactions do not always proceed exactly as planned. A…
Read MoreFrequently Asked Questions Regarding Real Estate Closings
1. Do I need to attend the lawyer’s office on closing day? Usually, no. Most clients sign their documents and deliver the necessary funds before closing day. The lawyers then complete the closing electronically. However, clients must remain available in case an unexpected question, missing document or funding issue arises. 2. Can I move into…
Read MoreWhat Happens on Closing Day? A Step-by-Step Guide for Ontario Home Buyers and Sellers
Closing day is one of the most exciting parts of a real estate transaction. For buyers, it is the day they officially become the owners of their new property. For sellers, it is the day ownership is transferred and the sale proceeds are finalized. However, closing day can also feel stressful when clients are unsure…
Read MoreCan One Co-Owner Force the Sale of a Property in Ontario?
Owning property with another person can work well until the owners want different things. One owner may want to sell, while the other wants to remain. Former partners may disagree about their contributions. Family members may inherit a property but be unable to agree on what should happen to it. In Ontario, a co-owner is…
Read MoreReal Estate Deposit Disputes in Ontario: Who Gets the Deposit When a Deal Falls Apart?
When a real estate transaction collapses, both sides often focus immediately on the deposit. The seller may believe the deposit should be forfeited because the buyer did not close. The buyer may insist on its return because a condition was not satisfied or the seller could not complete the transaction. The brokerage, if involved in…
Read MoreWhat Happens When a Buyer Fails to Close a Real Estate Deal in Ontario?
A firm closing date is not a suggestion. Once an Agreement of Purchase and Sale becomes binding and all conditions have been satisfied or waived, both the buyer and seller are generally expected to complete the transaction. If the buyer does not close, the legal consequences can be significant. What happens next depends on the…
Read MoreResidential Real Estate Transactions in Ontario: Protect Yourself from Closing Day Surprises
Buying or selling a home is one of the largest financial transactions most Ontarians will ever make. However, many people underestimate the legal complexities involved. A real estate lawyer does far more than simply attend the closing we help protect you from unexpected issues that can turn an exciting milestone into a stressful experience. The…
Read MoreUnderstanding Assignment Agreements in Real Estate Transactions
Assignment agreements are an important component of real estate transactions, especially in the dynamic and fast-paced Ontario market. An assignment occurs when the original buyer of a property (the “assignor”) transfers their rights and obligations under the original purchase agreement to another buyer (the “assignee”) before the closing date. This allows the assignee to step…
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