Revocation involves withdrawing an offer before a binding contract is formed, bringing legal risks for REALTORS®. It’s crucial to seek guidance from your managing broker and ensure your client seeks legal advice.
Posts tagged with “Liability”
Legally Speaking Revocation of Offers #563 
Legally Speaking Oh, So Suite… #562 
When dealing with secondary suites, REALTORS® must be mindful of the legal aspects involved, as they can bring about unique challenges and risks that impact their clients.
Legally Speaking Third-Party Recommendations and REALTOR® Liability #504 
Could a licensee be held liable for the poor performance or negligence of another professional such as a home inspector…
Legally Speaking Environmental Liability #478 
In Dolinsky v. Wingfield, oil from a leaky underground tank contaminated the property next door…
Legally Speaking Being Sued is No Fun! #438
We all know that being sued for allegedly failing to fulfill legal and/or professional responsibilities can be traumatic, but it can also be time consuming and consequently, expensive…
Legally Speaking Strata Corporation, Not an Insurer for Strata Owner; Management / Rental Pool Agreement – No Termination Date #341
Does a strata corporation have an absolute liability to a strata owner to pay for damages to an owner’s unit caused by an incident on the common property of the strata corporation…
Legally Speaking Co-Lenders’ Personal Liability for Agent’s Misrepresentation #326
Raising financing for a specific project occasionally involves pooling the funds of a number of investors in a mortgage in favour of a limited company which is incorporated and managed by the persons who brought the…
Legally Speaking Negligence – on the Base Path – Play Ball (Carefully) #315
With so many licensees involved in recreational team sports, such as softball, hockey or basketball, the question of the liability of a person who injures another during the course of a game may be of some interest…
Legally Speaking Caveat Emptor #218
For those of us who felt that court decisions had relegated the doctrine of caveat emptor to an earlier era, a recent case confirms that the doctrine is still alive to protect vendors…
Legally Speaking Reasons for Judgement on Another Offer #173
The Court of Appeal has handed down reasons for judgment on another offer or option case. This one concerned an offer to purchase containing conditions which required the vendor to deliver copies of leases…
Legally Speaking CREA’s Standards of Business Practice Establishing REALTOR’s Duties #153
The extent to which the CREA Code of Ethics and Standards of Business Practice are factors in a judge’s decision involving the liability of licensees is illustrated by the following case…
Legally Speaking Negligence of House Inspector: Licensee’s Liability #140
The answer to this question was given in a 1977 case in which a purchaser was concerned about the soundness of the structure and foundations of an old house he wanted to purchase…
Legally Speaking Soil Contaminated Sites #138
What do gas stations with underground tanks, sawmills, pulp mills, paint manufacturing shops, dry-cleaners, shipyards, truck parking yards for moving or fuel companies, junkyards, farms and…
Legally Speaking Soil Contaminated Sites [Continued] #139
A whole new growth industry is developing of scientists, engineers, law professors, lawyers, columnists, experts and others, around the pollution of the environment and the liability for doing so…
Legally Speaking New Home Contract – Damages for Incomplete or Deficient Work, and for Stress #132
The plans were for a home with unusual design features to be constructed by a competent contractor experienced in the construction of standard design homes only…
Legally Speaking Residential Mortgage or Residential Agreement for Sale – Continued; Negligence, Liability of Owner/Employee of a Limited Company #126
Column 125 discussed how a mortgagor may be able to limit liability under the personal covenant of the mortgagee, upon the sale by the mortgagor…
Legally Speaking Selling Licensee’s Duty to Disclose – No “Subject to Sale” Clause #94
It is the selling licensee who discovers what a prospective purchaser can or cannot afford, or what specific quality or use of the property is of particular interest to the purchaser…
Legally Speaking Leases #93
Unless you are a property manager and actively involved in residential leases, the oddities of the Residential Tenancies Act, once known to you, may now be forgotten…
Legally Speaking Commission – Solicitor’s Liability for Payment; Garnishee Orders #92
The decision of an Ontario District Court Judge is good news for licensees but bad news for solicitors who are too dutiful in carrying out their clients’ instructions…
Legally Speaking Foreclosure – Defence of Vendor/Mortgagor Against Deficiency Claim #72
The Real Estate Council has recently advised licensees of the desirability of advising a vendor of the vendor’s continuing liability to a mortgage lender under a mortgage granted by the vendor on property that is then so
Legally Speaking Builders Liens #70
Column #69 which discussed a Builders Lien clause resulted in questions which indicate that there is some confusion as to when liens may be filed and lien holdbacks may be paid out…
Legally Speaking Delays in Completion – Wills Variation Act; Seat Belt Legislation #67
Delay in the completion of a sale may arise through the operation of the Wills Variation Act…
Legally Speaking “And/or Nominee” and “And/or Assignee” #65
A request has been received for an update of the current law relating to the use of the above phrases in the preparation and enforcement of interim agreements…
Legally Speaking Offer or Option – Chapter 2 #63
Column No. 57 discussed at length the problem of deciding whether a condition in an offer to purchase is not what is commonly referred to as a true condition precedent, but rather creates an option which must either…
Legally Speaking Royal Bank Appraisals; Personal Liability on Company Cheques #61
From time to time suggestions are made for topics for Legally Speaking columns and, if they are of general interest and haven’t been covered before, we will try to use them…
Legally Speaking Legal Advice – The Pitfalls of Giving #59
Adam entered his solicitor’s office with a writ in his hand and an expression on his face which his solicitor, as Adam’s old golfing partner, recognized…
Legally Speaking Nonfeasance or Misfeasance – A Gratuitous Promise #58
Occasionally a licensee may be asked during the period of a listing to do the owners a favour while they are on holidays by perhaps turning up the heat in the winter or watering the lawns in the summer…
Legally Speaking Guarantees #51
The fall in real estate values has made the security held by financial institutions of somewhat dubious value with the result that the number of Court actions against guarantors to recover deficits owed by principal…
Legally Speaking The Case of the Absconding Apparent Attorney or, Whose Liability #45
How would you decide which of two innocent parties, the vendor or the purchaser, should bear the loss which arose when the solicitor acting for the purchaser gave the real estate agent an n.s.f. cheque for the…
Legally Speaking CPI Rental Increase Formula; Woodstoves; Vendor’s Continuing Liability to Mortgagees Following Sale #44
Column 41 discussed a matter raised by the Vancouver Island Real Estate Board concerning the potential uninsurability of a home whose owner failed to disclose to his insurer that a woodstove was a source of heat…
