ARCHIVED BLOG POSTS
2010
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Beware of the Ides of March! By Brian Madigan LL.B.That was good advice given by a soothsayer to Julius Caesar although he did not heed the warning.The words were made popular by William Shakespeare in his play "Julius Caesar".In real estate, it is significant because it is the begining of the ...
03/15/2010
Agreement of Purchase and Sale" (Title Search) By Brian Madigan LL.B.(ORES)The title search clause is often described as the "due diligence" clause in an agreement of purchase and sale. This is a procedural clause. This is not the deal between the parties when it comes to the title, but it is ver...
03/15/2010
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Agreement of Purchase and Sale" (Future Use) By Brian Madigan LL.B.(ORES)Properties are valued on the basis of the "highest and best use". If a farm is just a farm, then it has a certain value, however if the farm can be rezoned to permit a residential subdivision, then it has a much higher value...
03/15/2010
Agreement of Purchase and Sale" (Title Search) By Brian Madigan LL.B.(ORES)The title search clause is often described as the "due diligence" clause in an agreement of purchase and sale. This is a procedural clause. This is not the deal between the parties when it comes to the title, but it is v...
03/15/2010
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"Agreement of Purchase and Sale" (GST/HST) By Brian Madigan LL.B.(ORES) NOTE: READER BEWARE The following article is untrue. Tax on Chattels I had written and published several articles to the effect that HST applies to the chattels component in a residential real estate transaction. There ...
03/15/2010
"Agreement of Purchase and Sale" (Rental Items) By Brian Madigan LL.B.(ORES)In an agreement of purchase and sale there are often some fixtures that are to be excluded from the transaction. These are not the ones that are excluded by choice because the owners wants to take them; these are the on...
03/14/2010
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ORES Real Estate Index for February 2010 By Brian Madigan LL.B.(ORES)Here is the "ORES REAL ESTATE INDEX" which tracks the average resale prices of single family homes and condominiums in the Greater Toronto Area (GTA). It also tracks certain benchmark comparisons such as the price of oil and g...
03/11/2010
"Agreement of Purchase and Sale" (Fixtures Excluded) By Brian Madigan LL.B.(ORES)In an agreement of purchase and sale there are often some fixtures that are to be excluded from the transaction.There are two kinds of items that you will find itemized: chattels and fixtures. Chattels are separate...
03/11/2010
"Agreement of Purchase and Sale" (Chattels Included) By Brian Madigan LL.B.(ORES)In an agreement of purchase and sale there are usually some chattels that are included in the transaction.There are two kinds of items that you will find itemized: chattels and fixtures. Chattels are separate, inde...
03/11/2010
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"Agreement of Purchase and Sale" (Notices) By Brian Madigan LL.B.(ORES)In an agreement of purchase and sale there are usually conditions, time limits and requisitions. That gives rise to the properly authorized method of delivery of "notices" between the parties.Let's have a look at the standar...
03/11/2010