Encumbrances and Easements

Q.  Does a buyer have the right to terminate the Contract of Sale if there are easements on the property and the easements have not been disclosed in the contract.   A. If an easement has not been disclosed in the Contract of Sale then the buyer may have the following rights: 1)     The right to […]

Joint Tenants or Tenants in Common?

What is the difference between holding the property as Joint Tenants or as Tenants in Common? When two or more people are buying property together, they must decide whether to hold the property as joint tenants or tenants in common.  Joint tenancy is a method of owning property that allows all buyers to have their […]

Terms of contract following settlement

Q. After settlement can the terms of the contract still be enforced?   A. Certain provisions of the contract can be enforced after settlement. Essentially any term of the contract which can take effect after settlement will remain in force. That means provisions in the Contract regarding warranties, adjustments of outgoings, payments to government bodies and […]

Swimming Pool Safety Certificate

If there is a pool on the property and a valid pool safety certificate has been issued, does the pool inspector and pool inspection date section of the contract need to be completed on the contract? No. The pool inspector and pool inspection date only need to be completed if there is no swimming pool […]

GST Withholding Law

Q. What happens if the GST Withholding sections are not completed correctly in the contract? A. Buyers and sellers are required to provide the correct information to enable the GST Withholdings section to be completed. The buyer and seller can obtain the correct information required to complete the clause in the Contract from their Tax […]