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The Law of Disclosure and the Use of the Seller Property Information Statement This course qualifies for 3 credit hours of continuing education for real estate professionals requiring RECO education credits. The program is being offered by the Ottawa Real Estate Board on 11 November 2011 at the board offices, in two sessions: 9:00 am to 11:59 am 1:00 pm to 4:00 pm For registration information contact the board directly: Wilda BrownFinance & Event ManagerOttawa Real Estate Board1826 Woodward DriveOttawa, ON K2C 0P7Telephone: 613-225-2240Fax: 613-225-6420e-mail: email@example.com
Brian R. Madigan LL.B., Broker Course Developer and InstructorRoyal LePage Innovators Realty, Brokerage905-796-8888BRMadigan@rogers.comwww.OntarioRealEstateSource.com (2 comments)
Mortgage Rates ~ 31 October 2011 (2) - 10/31/11 11:35 AM
Mortgage Rates ~ 31 October 2011 (2) Ontario Real Estate Source By Brian Madigan LL.B. These rates are just slightly different from the other rates posted earlier Please call me if you need a referral to a mortgage broker, at 905-796-8888.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888www.OntarioRealEstateSource.com (1 comments)
Mortgage Rates ~ 31 October 2011 - 10/31/11 10:20 AM
Mortgage Rates ~ 31 October 2011 Ontario Real Estate Source By Brian Madigan LL.B. Please call me if you need a referral to a mortgage broker, at 905-796-8888.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888www.OntarioRealEstateSource.com (0 comments)
Supreme Court Says Bloggers are Safe to Use “Hyperlinks” Ontario Real Estate Source By Brian Madigan LL.B. Hyperlinks are part and parcel of blogging. They are part of the basic fabric of the internet and underlie the principle of freedom of speech. At least, that’s the view of the Supreme Court of Canada. At issue was whether a blogger should be held responsible for the defamatory remarks made by someone else on their own website, merely by reason of the fact, that the blogger inserted a “hyperlink” into their own blog or website. Here are a few observations from (9 comments)
Condo Boards At Risk with Confidential Information Ontario Real Estate Source By Brian Madigan LL.B. The problem is this: corporations must protect privacy. A recent survey conducted by Thomson Reuters indicates that corporate boards are falling way short of the task. Essentially, they are passing confidential information along to their board members via e-mail. This means simply that if they are sued, their board members e-mail facilities, software programs, service providers and computers may need to become part of the “discovery process” in a lawsuit. Corporate organizations in the business of doing business have fulltime and dedicated staff. (3 comments)
Condo Developments Put Pressure on Neighbourhood Prices Ontario Real Estate Source By Brian Madigan LL.B. When condo developments come to town, prices escalate.
Currently, this is the case in downtown Vancouver. The City decided that Cambie street would be a great location for downtown condo developments. The prices, already high by most standards tripled within 6 months. As a house, the properties were worth about $1,133,000, but if the house could be torn down and a six storey condominium built in its place then, the property (really just the land) would triple and be worth $3,400,000. Recently, 10 properties (2 comments)
Cavalier Agent Deprived of Commission Ontario Real Estate Source By Brian Madigan LL.B. The agent took the listing and negotiated the sale of the property on behalf of the vendor.
However, there were environmental risks and when they in fact materialized the agent knew that it would be best to get the vendor out of the deal rather than face unlimited cleanup costs.
So, releases were arranged and negotiated through the agent. The property remained listed but the vendor then decided not to renew. The listing agent sued for the commission due on the abortive transaction.
Lawyers Now Need Continuing Education Ontario Real Estate Source By Brian Madigan LL.B. It used to be that once you were called to the bar, you were up to date and you knew all you needed to know.
As the Law Society of Upper Canada concluded, continuing education is necessary. The simple errors in oversight were not being made by the young and inexperienced lawyers, but rather by those lawyers who were out in practice for a number of years.
While lawyers would know the law in their preferred areas, it was very easy to fall behind the (5 comments)
No Legal Costs in Canadian Human Rights Tribunal Ontario Real Estate Source By Brian Madigan LL.B. The Supreme Court of Canada recently decided that the Canadian Human Rights Tribunal cannot award costs.
In the case under appeal, the applicant achieved an award of $4,000, but in addition was awarded a further sum of $47,000 in costs.
The Court decided the case on the interpretation of the enabling legislation rather than on “policy considerations”.
This is helpful since the real damages are often very small, but the cost of justice is rather high. Often, human rights tribunals concern (0 comments)
Who Looks at the Condo Plans? Ontario Real Estate Source By Brian Madigan LL.B. Well, according to a recent Ontario Superior Court decision, everyone should. In Orr v. MTCC 1056 (Rainville) 2011, the Court determined that the purchaser’s solicitor needs to review the condo plans.
It had been commonplace for a solicitor to review the horizontal plans that are registered with the client. In this case, the purchaser was acquiring a townhouse which was comprised of three stories. As it turns out, two stories were part of the unit, and the third floor was part of the common elements. (5 comments)
Ontario Real Estate Source I appreciate that bad news sells newspapers. But, this turns out to be a “good news” story.
The worst of all possible things happened to me last week: my website went down and it stayed down.
Upon investigation, matters were indeed worse than you can imagine.
As it turns out, my website company had made an error and by mistake had registered the name of my website in the name of another one of their clients. This occurred (8 comments)
Mortgage Rates ~ 25 October 2011 - 10/25/11 05:13 PM
If you need a referral to a mortgage broker please call me at 905-796-8888. Ontario Real Estate Source (0 comments)
Eavestrough ~ Clean them Out!!! - 10/22/11 02:36 PM
This is the time of year when eavestrough become filled with leaves and other debris. Don't leave this until the Spring. Make sure the eavestrough are working well. That means the water is being carried to the downspouts and away from the house. If they are not working properly, this can cause a backup and ice-damming. This causes the eaves to pull away from the house and permits water to run down the sides of the exterior walls, both inside and out. No matter where the water goes in this scenario, it's a problem. Better safe than sorry. If all the (6 comments)
The Law of Attachment ~ Chattels and Fixtures This course qualifies for 3 credit hours of continuing education for real estate professionals requiring RECO education credits. The program is being offered by the Kitchener Waterloo Association of REALTORS on 25 October 2011 at the board offices, 9:00 am to 11:59 am. For registration information contact the board directly at 519-576-1400. Brian R. Madigan LL.B., Broker Course Developer and InstructorRoyal LePage Innovators Realty, Brokerage905-796-8888BRMadigan@rogers.comwww.OntarioRealEstateSource.com (2 comments)
Another Day Down for the ORES Website - 10/22/11 01:45 PM
So, my website is "down" for another day. At least we now know the problem. The website hosting company in error placed my domain name in someone's else account. Fortunately, the other person really didn't know about it, and the domain name expired. Here's the problem: 1) my site is down, 2) the domain name has expired, and 3) only the third party can renew it. Naturally, I could wait 30 days and buy it on the market from "GoDaddy", but being down for a moneth is not viable Maybe with some help from the third party, the site will be up and (2 comments)
This wasn't a particularlly good day. My website (working perfectly yesterday) rolled over to GoDaddy today. It said the name expired. The web host ran into a problem because apparently another one of their clients is now shown as the owner. So, this is starting to shape up as a mess. I have about 25,000 little spots on the internet that "point and shoot" to that main website. It's Ontario Real Estate Source, and I hope that by the time you read this it will be up and running again. In the meantime, my apologies, and as we near the (4 comments)
Priorities Upon Sale (Mortgage, Lien, Execution) Ontario Real Estate Source By Brian Madigan LL.B. What happens when there is a mortgage, construction lien and execution against the property? How does the money get distributed?
Let’s consider the simple straightforward case.
Here, the property is worth $300,000, and the buyer secures a first mortgage of $250,000.
The deal closes and the money is advanced.
Subsequently, the buyer defaults upon his credit card to the extent of $10,000 and a judgment is obtained.
The homeowner decides to sell and hires a contractor for $25,000 to effect some (5 comments)
Handling the Restrictive Covenant Title Objection Ontario Real Estate Source By Brian Madigan LL.B. Question: I am confused when it comes to what represents a valid title objection for the buyer to terminate an agreement. In the case of a cottage property which has a shed built at a distance of 70 feet from the shoreline but the buyer finds out later when his lawyer is doing the title search that there is a restrictive covenant on the property that prohibits the construction of any buildings within 100 feet of the shore line. Because this restrictive covenant is not being (3 comments)
Sellers’ Duty to Inform May be Expanding (Shari Elliott) - 10/17/11 11:29 AM
Sellers’ Duty to Inform May be Expanding (Shari Elliott) Ontario Real Estate Source By Brian Madigan LL.B. This is an excellent article which I have been given permission to republish by Shari Elliott, a practising lawyer in Barrie, Ontario specializing in real estate, municipal and environmental law. Sellers’ Duty to Inform May be Expanding In March 2011 the Ontario Superior Court refused to dismiss a claim brought against the seller of a home in Bracebridge for failing to disclose to the purchasers the fact that a person convicted under the child pornography provision of the Criminal Code lived across the street. (7 comments)
Clients and Customers ~ Distinction in Duties Ontario Real Estate Source By Brian Madigan LL.B. There are slightly different duties and obligations which arise under the Real Estate and Business Brokers Act, 2002, when dealing with Clients and Customers. Some additional provisions apply to the public.
I would suggest that to look at the Act, the Code of Ethics and the General Regulation.
REBBA 2002 doesn’t say much about representation, clients or customers. However, the definition of “trade” is noteworthy.
Now, have a look at the Code. Some sections apply to clients, some to customers and some (2 comments)
Is there a Difference between the Disclosure Obligations to Clients and Customers in Ontario? Ontario Real Estate Source By Brian Madigan LL.B. Under the Real Estate and Business Brokers Act, 2002, a registrant is charged with certain responsibilities.
Customers are entitled to ”services” and their agents must act with competency, knowledge, skill and judgment.
Clients are “represented” and their agents must act in their best interests.
This is the obligation to clients under the Code of Ethics:
Material facts for Clients
21. (1) A broker or salesperson who has a client in respect of the acquisition (4 comments)
What is the Disclosure Obligation to Customers in Ontario? Ontario Real Estate Source By Brian Madigan LL.B. Under the Real Estate and Business Brokers Act, 2002, a registrant is charged with certain responsibilities.
Customers are entitled to ”services” and their agents must act with competency, knowledge, skill and judgment.
This is the obligation to clients under the Code of Ethics:
21. (2) A broker or salesperson who has a customer in respect of the acquisition or disposition of a particular interest in real estate shall, at the earliest practicable opportunity, disclose to the customer the (3 comments)
What is the Disclosure Obligation to Clients in Ontario?
Ontario Real Estate Source
By Brian Madigan LL.B.
Under the Real Estate and Business Brokers Act, 2002, a registrant is charged with certain responsibilities. Clients are “represented” and their agents must act in their best interests. This is the obligation to clients under the Code of Ethics: Material facts 21. (1) A broker or salesperson who has a client in respect of the acquisition or disposition of a particular interest in real estate shall take reasonable steps to determine the material facts relating to the acquisition or disposition and, (3 comments)
The qualifying rate is the 5 year fixed term mortgage amortized over 25 years.
If the mortgagor qualifies for the mortgage loan based upon his or her ability to repay that mortgage loan, then they may select another option.
This qualifying rate only applies to CMHC insured mortgages
Ontario Real Estate Source (0 comments)
Mortgage Rates ~ 15 October 2011 - 10/15/11 08:57 PM
Fixed Term Rates Term Posted Preferred 6 mos 4.40% 4.45% 1 yr 2.75% 3.50% 2 yrs 2.84% 3.85% 3 yrs 2.89% 4.35% 4 yrs 2.99% 4.19% 5 yrs 3.44% 5.29% 7 yrs 4.49% 6.35% 10yrs 4.79% 6.75%
Please note that certain conditions are applying to some of these best rates Rates are subject to change without notice “OAC E&E” Comment: Fixed term mortgage posted rate is unchanged Prime rate is 3% Ontario Real Estate Source (0 comments)
ORES Real Estate Index for September 2011 Ontario Real Estate Source By Brian Madigan LL.B. The Toronto Real Estate Board made a few changes to the method that it uses to report and track statistics in July.I used to have subdivisions for condos, being downtown, east, west and north. That was not always that helpful. Now the reports from TREB are quite specific. The old numbers are no longer available. Consequently, since July, I will not be tracking individual condo performance by areas. Here is the "ORES REAL ESTATE INDEX" which tracks the average resale prices of single family (8 comments)
Resurgence in Toronto Real Estate Market Ontario Real Estate Source By Brian Madigan LL.B. You might wonder what is happening to the real estate market in Toronto and the GTA. Here are the latest figures released by the Toronto Real Estate Board.
Month Sales Average Price
January 4,208 $425,903
February 6,074 $452,967
March 9,009 $455,886
April 8,783 $476,637
May 9,785 $485,436
June 9,976 $474,365
July 7,711 $458,966
August 7,384 $451,310
September 7,658 $465,369
So far, everything is quite predictable. The market rose and peaked in May with a high average (4 comments)
Sex Offender Disclosure Ontario Real Estate Source By Brian Madigan LL.B. If the next door neighbour is a “sex offender”, do you have to tell?
After all, it has really nothing to do with the property.
Let’s have a look at a recent decision in the Superior Court of Justice in Ontario. In Dennis v. Grey (2011), the Judge in motions court allowed a lawsuit to proceed. The defendants had brought a motion to dismiss the plaintiffs’ claim. This was a pre-trial motion and the Judge concluded that there may very well be a reasonable cause of action. (10 comments)
Agency Duties at Common Law (Mississauga Inquiry) Ontario Real Estate Source By Brian Madigan LL.B. The Mississauga Judicial Inquiry into the conduct of the Mayor Hazel McCallion released its report on 3 October 2011. The Commissioner, Mr. Justice Cunningham concluded that the mayor had both a real and apparent conflict of interest in the dealings with a hotel real estate development in which her son had an equity interest. There was some saving grace in that the Commissioner found no breach under the Municipal Conflict of Interest Act. Mr. Justice Cunningham went on to make recommendations concerning that Act to (1 comments)
Leslie Log House in Mississauga Ontario Real Estate Source By Brian Madigan LL.B. There is now a new museum in Mississauga. You probably already know about Benares and the Bradley House. The Leslie Log House is the third museum in Mississauga,
There is an advantage here, since it houses the Streetsville Historical Society.
The building is now open to the public on Wednesday and Saturday afternoons. Drop in for a quick tour. Admission is free.
The house is quite historical in nature having been constructed in 1826 on Mississauga Road north of Derry. It was moved to its (5 comments)
Does an Agreement of Purchase and Sale become Null and Void on Completion? - 10/03/11 07:55 AM
Does an Agreement Become Null and Void on Completion? Ontario Real Estate Source By Brian Madigan LL.B. Question: Does an Agreement Become Null and Void on Completion? Answer: No, a completed agreement is one that is executed, satisfied, fulfilled, completed or closed. It does not become “null and void”. There may be outstanding warranties that will continue for years, or there may be statutory obligations which arise on closing. Consider a simple agreement of purchase and sale. The deed is exchanged for the closing funds and it would appear that there is nothing left to do. However, there is an implied (3 comments)
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