In an effort to keep both clients and real estate agents up-to-date on common issues we will be providing case law commentary. We will be adding on to this commentary on a fairly regular basis and feel free to monitor this section. Your particular issue, whether as an agent, vendor or purchaser, will have particular facts that are distinctive to how your problem may resolve itself. As such please consult our offices prior to taking action. Rely on the following solely as a starting point for discussion of your particular issue.
a) Right to Inspection - a purchaser has a right of inspection prior to closing even if this is not set out in the Agreement of Purchase and Sale
re: Harkness v. Cooney;
b) Notice of Termination on a Sale - a purchaser in an Agreement of Purchase and Sale becomes a landlord for the purposes of giving notices of termination when acting in good faith and with a genuine intention to occupy the premises
re: Pheny v. Noble, Townsend v. Bridget
NOTE: it is good practice to obligate the vendor to provide notice and vacating of the tenant;
c) Commissions - in a dispute between two agents with respect to introduction to the vendor during a listing period and regarding entitlement to the commission, "introduction" means bringing the purchaser to the property for the first time
re: Terry Martel Real Estate Ltd. v/ Lovette Investments Invts.