Interestingly, the limitation period can be affected by partial payments or acknowledgements of the debt. Under section 13(11) of the Limitations Act, a part payment or written acknowledgement of the debt can restart the two-year limitation period. For instance, if a debtor makes a partial payment towards a debt within the original two-year limitation period, this payment is treated as an acknowledgement of liability. This action effectively restarts the two-year clock from the date of the partial payment.
Our last article focused on situations where a property is damaged before a deal closes, such as events of water damage. We considered how in situations of fundamental breach, a purchaser may be entitled to terminate the agreement or else take the proceeds of insurance and complete the purchase. However, this “take it or leave it” scenario is rarely the full picture. Most events of damage fall short of fundamental breach. This article focuses on the strategies and options that may be available to home buyers when they are notified that a property has experienced some damage or alteration prior to closing.
In real estate transactions, the period between the formation of the contract and the closing date presents unique risks to buyers and sellers. Most real estate contracts stipulate that the property be delivered in substantially the same condition as it was in at the time of the agreement. Unexpected occurrences can result in damage to the property after the contract is signed, but before ownership is transferred. For instance, a flood or fire could render the property uninhabitable on closing, or significantly reduce its market value.
December 16, 2024
This holiday season brings a joyful exchange of gifts, but did you know there are legal principles behind gifting in Ontario? Whether you're giving a small token of appreciation, or something more significant, here’s what you need to know to ensure that your intentions are legally documented. This article is essential for parents who are considering gifting any down-payment to their children for a home purchase.
November 18, 2024
When purchasing a pre-construction condominium in Ontario, it's essential to understand the financial obligations during the interim occupancy period—the phase between moving into your unit and the official transfer of ownership. This newsletter will explore some of the common requirements that purchasers of new builds will need to know when purchasing a pre-construction condo unit.
October 15, 2024
In our previous article, we reviewed the obligations of home builders and the role of Tarion in protecting homeowners from losses of their deposit money and issues of delays. We will now consider the types of protections for individuals who discover issues with their home before and after closing their real estate transaction.
September 16, 2024
Purchasing a new build home is an exciting opportunity that comes with unique responsibilities for home buyers. This is particularly true when it comes to understanding the warranties and protections for your home. In this two-part article, we will review how the Ontario New Home Warranties Plan Act (the “Warranties Act”) provides warranty coverage for you and your new home.
August 15, 2024
Welcome to our latest newsletter! Today, we will consider the sale of land being split into one (1) or more pieces. We will review some key features of Ontario’s Planning Act and consider the distinction of when land can be sold through a legal severance and the circumstances in which a legal severance is not needed. Understanding these differences is crucial for anyone involved in real estate transaction where multiple lots are in play, whether you are a homeowner, developer, or investor. Let’s explore these concepts in detail.
