Sellers liable for Commission
Sellers read your listing agreements very carefully before you agree to list your property and do not be afraid to make changes. Most listing agreements now require payment of commision by the seller when the sellers agent procures an offer for full list price, notwithstanding the seller declines to accept . Change your listing agreement to say payment of commission shall be due and payable only upon succesful completion of a transaction which results in title passing to the buyer from the seller.
Toronto's Construction Access Bylaw
The new construction access bylaw became law on October 2008. The bylaw provides onerous requirements on persons wishing to do repairs to their own property where to do so means accessing it by travelling upon neighbouring property. Property owners may now only enter on adjoining lands with either the consent of the adjoining landowner or by obtaining a permit. The permit must be applied for and adequate security must be posted depending on the nature of the work proposed. In addition the person doing the work must add the neighbouring land owner to their policy of insurance. The days of tradesman just showing up and planting scaffolding on your lawn to stucco your neighbour's house are gone.
Assigning Condo Agreements
With the boom in condominium construction across the GTA and the rise in home prices it is now commonplace that original purchasers are assigning their agreements of purchase and sale to new buyers. This must be done with the consent of the builder and thus any assignments must be conditional upon the builders consent. The consent is usually forthcoming upon payment of the assignment fee and proof that the assignee is qualified for a mortgage. The fee is usually set out in most agreements but is generally several thousand dollars. In addition it is important the parties understand that the assignee steps into the shoes of the original purchaser and thus becomes liable for all of the obligations set out in the original agreement between the assignor and the builder. This could include the occupancy closing and the unit transfer. Be sure you understand these two dates and what is expected of you. If you are contemplating an assignment you should obtain legal advice before agreeing to anything.
I see this all the time. Homeowners and contractors ending up in court over disputes arising from a relationship gone bad. If you are doing a renovation you are responsible to protect yourself. First make sure the contractor you are dealing with is licensed. Check their references . Consult a lawyer before you go ahead. It is critically important to have a written agreement outlining the scope of work , the payment terms, allowances or claims for extras etc. Do not assume everything will go well and do not assume your project will be finished on time. It will not , ask me how i know.