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Get information on financing, real estate law, family law issues, corporate law and more. Our blog posts are regularly updated to help you with new information. At Paquette Travers, we want our clients to know their legal rights, and knowledge is the way to do it.

  • 05/04/2022 0 Comments
    The Obligation of Disclosure in Agreements of Purchase and Sale (APS) …and The Case Of Marijuana!

    Beatty et al. v. Wei et al. is a Superior Court of Justice decision dated June 5, 2017. This case is significant because it speaks to representations and warranties made by a Seller in an Agreement of Purchase and Sale, specifically with respect to the relationship between representations and warranties made to the best of the Seller’s knowledge and belief and the ability to rescind an otherwise valid APS.

     

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  • 05/04/2022 0 Comments
    Grow Ops … and The Usage of “To the Best of My Knowledge and Belief”

    The above term is often used in the Agreement of Purchase and Sale; but what is the effect of it on representations and warranties?

     

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  • 05/04/2022 0 Comments
    Well and Water Warranties

    It is extremely important when buying a rural property that the appropriate warranties are granted from the Seller to the Buyer. The following clause best sums it up:

     

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  • 05/04/2022 0 Comments
    Property Tax Assessments – Who Pays?

    We recently were contacted by an agent advising us of confusion about new properties sold without tax assessments. The example used was a new property sold within a year of being purchased, where there is no assessment and therefore no property taxes have been paid.

     

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  • 05/04/2022 0 Comments
    Stigmatized Properties and Latent Defects

    Agents sometimes run into problems when taking a listing because the Seller is aware of a defect and does not want the Agent to disclose the defect. The problem is that the obligations of Sellers are not the same as the Agent. The Agents have a broader duty of disclosure than do the Sellers. Agents, under the regulations pursuant to your Code of Ethics are obliged to disclose material facts relating to the property.

     

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  • 05/04/2022 0 Comments
    Family Issues in Real Estate

    I recently gave a seminar for the Kitchener Waterloo Real Estate Board on Family Law issues in Real Estate with my business partner, Barry Paquette, who is a Certified Specialist by the Law Society of Upper Canada in Family Law.

     

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  • 05/04/2022 0 Comments
    Family Law Issues in Real Estate (Part 1)

    A common problem in Family Law situations is when the client sells a matrimonial home and plans to use their share of the proceeds to buy another home. This “Dream Client” can become a nightmare if the agent is not careful. It is not uncommon for spouses to assume they will receive half (1/2) the equity of the house upon the sale. It is important for agents to ensure their client has a separation agreement in place, dealing with the proceeds of the sale of the house, or at least an irrevocable direction to the lawyer acting on the sale for what is required to complete the new purchase, before the spouse commits to a firm agreement of purchase and sale on a new house.

     

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  • 05/04/2022 0 Comments
    Real Estate FAQ’s

    1. How much time do you require to complete a purchase/sale/refinance file?

    Depending on the time of year, we require a minimum of 10 business days to complete your transaction. If your time period is shorter, please contact us at 1-877-744-2281 in order to determine whether we will be able to assist you on a rush basis.

     

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  • 05/04/2022 0 Comments
    Covid -19

    At this point in time, we are not sure what the COVID-19 is going to do to the volume of real estate deals. Right now, we are busy; however, with many people wisely following the government orders to stay at home, self-distance and so much of the economy has shut down, we expect to see a market slowdown as a result of the Pandemic.

     

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  • 05/04/2022 0 Comments
    Covid -19 Tips: Part 1

    Bridge Financing

    With the current climate of social distancing, many financial institutions and banks have closed several branches, and reduced hours of operation. For example, the few Scotiabank branches operating have reduced their hours from 10:00 a.m. to 2:00 p.m., Monday through Friday. Banks are also reducing staff and limiting the number of clients allowed in their branches, creating longer wait times.

     

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