Categories for Transaction Risk & Due Diligence

Mortgage Fraud

Be one step ahead and discover red flags that may indicate any of the different types of mortgage fraud so you won’t be a victim yourself and avoid getting yourself entangled in any fraudulent agreements. Mortgage fraud can be a criminal offence when someone – you, a mortgage broker or ...

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Multiple Offers are Being Accepted

Are we able to see what others are offering before we make ours? This has been a more common question lately, as many transactions are taking place with multiple (competing) offers. Sellers represented by real estate brokerages in Ontario accept offers in what is referred to as closed bidding process, ...

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Sophisticated Negotiations Involve More Than Price Alone

Many people assume successful real estate negotiation is primarily about: achieving the highest price, negotiating the lowest purchase price, or “winning” financially. However, sophisticated real estate negotiations often involve much more than economics alone. Strong negotiation strategy may also involve: risk allocation, timing, financing structure, conditional protections, operational flexibility, documentation, ...

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Contracts and Clauses You May See in Ontario Real Estate Transactions

Buying or selling a home can be a complex and high-stakes process. As such, certain procedures and legal documentation exist to protect all parties involved while ensuring everyone is on the same page throughout the process. Melissa Douglas—owner of Douglas Law Firm based in Bradford, Barrie, and Vaughan, Ontario, a ...

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Typical Conditions in Ontario Real Estate Transactions

For most people, buying a home will likely be the most significant investment of their lives. With the emotional and financial aspects tied to purchasing and/or selling a home, it’s important to complete all due diligence to ensure your investment is protected. This article will explore what conditions are, typical ...

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Unexpected Repair Costs When Buying an Older Home

You found your dream century home and your conditional offer has been accepted. But after receiving your home inspector’s report, it turns out your charming Victorian cottage needs more than a fresh coat of paint. Photo by Nolan Issac on Unsplash While this doesn’t mean you need to back out of the deal, it’s important to know ...

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The Risks of Poorly Drafted Clauses in Ontario Real Estate

Real estate transactions often involve significant: financial obligations, legal commitments, timelines, negotiations, and operational risk. However, many disputes arise not because parties intentionally acted improperly — but because contractual clauses were: unclear, incomplete, inconsistent, poorly structured, or open to multiple interpretations. In Ontario real estate transactions, clause wording can significantly ...

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Common Litigation Issues in Agreements of Purchase and Sale

An Agreement of Purchase and Sale is one of the most important legal documents involved in an Ontario real estate transaction. Once signed and accepted, the agreement may create significant: financial obligations, legal responsibilities, deadlines, and contractual exposure for both buyers and sellers. However, many disputes arise because parties: misunderstand ...

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Failed Agreements of Purchase and Sale in Ontario

An Agreement of Purchase and Sale (“Agreement”) may not be completed for a number of reasons, including unsatisfied conditions relating to matters such as financing, rezoning approval, a home inspection or the sale of a buyer’s current home. This failure to satisfy a condition may raise an issue about the ...

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