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Sellers’ Improper Disclosure Leads to Liability
Sellers’ Careless Disclosure Leads to Liability By Brian Madigan LL.B. This is another case involving the improper completion of a Property Condition Disclosure Statement and the remedies that are...
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Seller Cover-Up Not Enough to Avoid Liability (false disclosure)
Seller Cover-Up Not Enough to Avoid Liability By Brian Madigan LL.B. The Cole and Vankoughnett case involves representations and remedies available for improper completion of the Seller Property...
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Risk of Agent’s Liability with Doctrine of “Ultra Vires”
Doctrine of “Ultra Vires” and Real Estate Agent Risks By Brian Madigan LL.B. The latin expression “ultra vires” as translated means “beyond the powers”. As a legal doctrine it often applies in the...
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Honest Vendor Not Liable For Defects
Honest Vendor Escapes Liability in SPIS case By Brian Madigan LL.B. (Ontario Real Estate Source) The case of Cotton and Monahan was tried in the Superior Court of Justice in Ontario over a 10 day...
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Legal Liability of Careless Guarantor
Mortgage Fraud ~ The Foolish, Greedy Good Guy takes the Fall By Brian Madigan LL.B. (Ontario Real Estate Source) A recent court case dealt with the issue of mortgage fraud. In the case of Royal Bank...
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No Reading the Contract is no Excuse!
The Non Est Factum Defence By Brian Madigan LL.B. (Ontario Real Estate Source) The “non est factum” defence is a principle in law that a person may not be liable for their contract if they did not...
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Risk Management for Home Stagers
Home Staging and Risk Management By Brian Madigan LL.B. (Ontario Real Estate Source) The Home Staging industry is still unregulated, and to some extent it is still in its infancy. As society becomes...
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Apportionment of Liability in Real Estate Transactions
The Negligence Act and the Real Estate Transaction Ontario Real Estate Source By Brian Madigan LL.B. While many would wonder what the Negligence Act has to do with a real estate transaction, let’s...
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Agent Needs to Write Clear and Understandable Agreement
SPIS ~ Bond and Richardson By Brian Madigan LL.B. This is a case in the province of New Brunswick involving the use of the Property Condition Statement and the liability of the agent who assisted...
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