The Statute of Frauds

The Statute of Frauds is ancient legislation adopted in Ontario in the nineteenth century from the law of England. The legislation requires that an agreement for the sale of land must be in writing and signed by the parties. The purpose of the legislation is to...

Buyer Beware

Buyer beware! is alive and well in Ontario. This is an ancient legal concept in land law going back hundreds of years in the English legal system. The phrase “Buyer beware” is really a long Latin phrase, the first two words of which are “Caveat emptor” or “Buyer...

Patent and Latent Defects

For real estate commerce to thrive, there must be certainty and finality in the purchase and sale of land. Caveat emptor, or buyer beware, has been the legal doctrine applied for centuries to achieve this goal. The basic tenet is that the onus is on the purchaser to...

Neighbourhood Defects

You have read in my previous columns about the duty of a vendor to disclose a latent or hidden defect in a home which a potential purchaser may not see but which the vendor knows about. What about defects in neighbourhoods? If you live in Walkerton and the purchaser...

Waterfront and a Shed

Buying waterfront property can have its uncertainties. You may see a property prior to signing an agreement of purchase and sale with the vendor. You like what you see and expect that is what you will be conveyed on closing. However, before closing, there is a problem...

Septic Systems

Vendors and purchasers of rural property in the County of Haliburton should be careful when they deal with representations (warranties) in their agreements of purchase and sale about the working condition of septic systems, or they may end up in court. A common...