ARCHIVED BLOG POSTS
2010
"Agreement of Purchase and Sale" (Family Law Act) By Brian Madigan LL.B.(Ontario Real Estate Source)The "Family Law Act" clause has become part of the agreement of purchase and sale since the Family Law Act first came into force in 1978.Let's have a look at the standard form agreement of purchase...
06/22/2010
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"Agreement of Purchase and Sale" (Tender) By Brian Madigan LL.B.(Ontario Real Estate Source)The Tender clause is a traditional paragraph in the agreement and it hasn't really changed in decades.Let's have a look at the standard form agreement of purchase and sale and see what it says in the "Tend...
06/22/2010
"Agreement of Purchase and Sale" (Property Assessment) By Brian Madigan LL.B.(Ontario Real Estate Source)The Property Assessment clause is a new provision in the agreement. Generally, it appears to be well-meaning.Let's have a look at the standard form agreement of purchase and sale and see what ...
06/21/2010
"Agreement of Purchase and Sale" (Adjustments) By Brian Madigan LL.B.(Ontario Real Estate Source)The Adjustments clause is one of the oldest terms in a standard form agreement. While it has been amended somewhat over the years, it's intention has always been to apportion appropriate expenses betw...
06/20/2010
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"Agreement of Purchase and Sale" (Residency) By Brian Madigan LL.B.(Ontario Real Estate Source)The Residency clause is a provision in the standard form agreement of purchase and sale designed for the protection of the buyer.Residency really deals with non residency. In circumstances where a resid...
06/20/2010
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Real Estate Litigation By Brian Madigan LL.B. (Ontario Real Estate Source) The resolution of disputes between parties is often fraught with difficulty. There are three basic alternatives: •1) mediation, •2) arbitration, •3) litigation. Mediation is a non-binding arrangement betwee...
06/20/2010
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Real Estate Arbitration By Brian Madigan LL.B. (Ontario Real Estate Source) When disputes arise under a lease between a commercial Landlord and Tenant over the TMI calculations or some other provision, the parties will look to the lease to determine their rights. Oftentimes, they will come acro...
06/20/2010
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Real Estate Mediation By Brian Madigan LL.B. (Ontario Real Estate Source) Frequently, disputes arise in real estate matters. They may occur under a lease between a commercial Landlord and Tenant over the TMI calculations or two neighbours concerning a boundary dispute or excessive noise. In the...
06/20/2010
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Section 116 Income Tax Act Canada ~ Real Estate Sales by Non Residents By Brian Madigan LL.B.(Ontario Real Estate Source)In accordance with the provisions of Division D of the Income Tax Act, non residents are taxed upon the disposition of taxable Canadian property. The definition set forth in s....
06/18/2010
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Succession Planning in Ontario By Brian Madigan LL.B.(Ontario Real Estate Source)Succession planning is actually part of estate planning, but it really just involves people.Basically, if something were to happen to you, who would you like to take over.The issues are of course different depending...
06/17/2010
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