Law Day – Page 13 – Barrie Real Estate Talk

Let the seller beware?

The Ontario Court of Appeal released a decision last spring that could have far-reaching effects for home sellers and realtors in Ontario. The decision, Krawchuk v. Scherbak,involved a first-time buyer who purchased a home in Sudbury. The sellers filled out an SPIS form, on which they stated that the foundation issues had been resolved years… Continue reading Let the seller beware?

Let the buyer beware

I frequently get asked this question: what does the seller have to tell me about problems with the home? The short answer is: nothing. In Ontario, there is a caveat emptor or “buyer beware” system for real estate. While sellers are prohibited from actively hiding damage or other issues with a home, they are not… Continue reading Let the buyer beware

The sensitive buyer

In 2006, Glenda Halliwell made an offer on a home. She explained to her realtor, Lazarus, that she was sensitive to mould, and that she wanted to ensure that the house she was buying did not have mould. Her realtor recommended a particular home inspector, Edwards. Edwards did the inspection and did not find any… Continue reading The sensitive buyer

When did you last look at your deed?

Not long ago, many people in the Squamish area of British Columbia discovered that they do not in fact own the properties they have called home for years, and in some cases decades. This was essentially because of surveying errors by the provincial government related to First Nations treaties dating back over 100 years. The… Continue reading When did you last look at your deed?

Privacy beats the bank

Last year, the Ontario Court of Appeal released a decision in Citi Cards Canada Inc. v. Pleasance. In this case, Citi Financial wanted to collect on a credit card debt of $11,000.00 through a forced sale of the debtor’s home. In order to do so, however, it needed confidential information from the debtor’s mortgage lenders.… Continue reading Privacy beats the bank