ARCHIVED BLOG POSTS
2008
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SPIS ~ Sask and Brooke By Brian Madigan LL.B.This was a case heard in the Supreme Court of British Columbia and it involved the Property Condition Disclosure Statement.Briefly, the plaintiff as purchaser acquired a condominium unit for $133,000 but the unit leaks, as do others in the complex. Ob...
08/17/2008
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SPIS ~ Wiebe and Loconte By Brian Madigan LL.B.This case involves a claim for damages against the vendors, the fomer owners of a house. The house was located in Winnipeg and the decision was made by the Court of Queen's Bench of Manitoba.It is rather clear that there were mice in the house. Befo...
08/17/2008
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SPIS ~ Royt and Goldenberg By Brian Madigan LL.B.This is a case which involves the discussiion of the Seller Property Information Statement (SPIS) and its effect on the outcome of a prposed real estate transaction. A review of the case will be limited to the SPIS issue.Briefly, Mr, and Mrs Royt ...
08/16/2008
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SPIS ~ Weinman and Brinkman By Brian Madigan LL.B.This was a Small Claims Court decision in Toronto involving the use of the Seller Property Information Statement.Briefly, the purchaser acquired a real estate property (416 St. Clement's Ave.) in Toronto from the vendor pursuant to a standard for...
08/16/2008
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Real Estate and the Law of Disclosure By Brian Madigan LL.B.The general rule of law in Ontario concerning the purchase of land is that of "caveat emptor", or as translated "let the buyer beware." At common law this principle stood for the proposition that when the buyer hadrequired no warranty h...
08/10/2008
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SPIS ~ Document Reviewed Part 8 By Brian Madigan LL.B.This is a further continuing review of the Seller Property Information Statement currently in use in Ontario.This section deals with final summary and general comments at the end of the document, sellers' liability, indemnity in favour of th...
08/10/2008
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SPIS ~ Document Reviewed Part 7 By Brian Madigan LL.B.This is a further continuing review of the Seller Property Information Statement currently in use in Ontario.This section deals with improvements and structural issues. It also deals with wood burning systems, heating systems, air-conditioni...
08/09/2008
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SPIS ~ Document Reviewed Part 6 By Brian Madigan LL.B.This is a further continuing review of the Seller Property Information Statement currently in use in Ontario.This section deals with both improvements and structural issues. It also deals with insulation and Fire Code compliance.The regular ...
08/08/2008
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SPIS ~ Document Reviewed Part 5 By Brian Madigan LL.B.This is a further continuing review of the Seller Property Information Statement currently in use in Ontario.This section deals with environmental issues, conservation authorities, buried wells, tanks and pools, as well as the growth or manu...
08/06/2008
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SPIS ~ Document Reviewed Part 4 By Brian Madigan LL.B.This is a fairly controversial statement. It is relatively commonplace is some jurisdictions and among the members of different real estate boards. There is no standard practice in Ontario. So, over the next few days I propose to go through ...
08/05/2008
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Brian Madigan
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