HEAD OFFICE - Markham Location:

Located at the Real Estate Business Centre - Markham

Unit 88 - 7393 Markham Rd., Markham, ON

Downtown-Markham 

8321 Kennedy Road

Units 92 & 93

Markham, Ontario L3R 5N4

O:905-554-7465

F: 1-905-390-3031

E: info@rathorebaig.com

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December 4, 2019

CASE:  Issa v. Jarrah, 2019 ONSC 6744 Summary: Buyer sues for a declaration that the agreement of purchase and sale is null and void and seeks rescission and sues for the return of the $50,000 deposit plus interest. Keller Williams Agency acted for both the Seller(s) a...

November 8, 2019

Sankarsingh v. Ali, 2019 ONSC 5655

SUMMARY: Firm offer, buyer failed to close.

Sellers claim that the only reason the Buyers failed to close was “because they came to regret entering the agreement after an unexpected downturn in the real estate market”.

Buyers plead that...

November 8, 2019

SUMMARY:

Buyer purchases property and was unable to obtain financing. Transaction failed to close. Seller resold property for a lower price and sues for the difference in the purchase price as well as other costs.

Buyer commenced a claim against the Real Estate Agents re...

September 18, 2019

SUMMARY:
On June 30, 2017, the defendant, Lakhany agreed to purchase a residential home from Arista Homes with $100,000 in deposits and scheduled to close June 19th, 2018 - Buyer fails to close.

https://www.youtube.com/embed/NT-M_hjqVqE

Arista seeks to recover damages fo...

July 30, 2019

MUST READ CASE: Forest Hill Homes v Ou, 2019 ONSC 4332

KEY WORDS: Bribes; Frustration/force majeure – Changing Market Conditions; New Build, Delayed Closing; Misrepresentation by the Seller’s sales agent; Interest Payable on Default

Summary/Key Principles:

Buyer failed to...

July 18, 2019

Excellent review of Deposits/Relevant precedents & principles:

Overview: 


Failed Real Estate Transaction – applicant brings an application for a declaration that they are entitled to deposits paid by the Respondent pursuant to the APS, totaling $400,000.

Summary/excerpts...

June 6, 2019

INTERESTING CASE - BREACH OF CONTRACT/MITIGATION/DAMAGES

Friese v. Arfa, 2019 ONSC 3332

SUMMARY:

Buyer signs Agreement of purchase and sale and fails to close.

Seller commences action for specific performance and in the alternative, damages.

Buyer counterclaims seeking the...

April 10, 2019

INTERESTING CASE

KEY POINTS:

A Real Estate Agent working as a part of a Real Estate Team are pursuing Buyers for defamation, damages for unjust enrichment etc.

Buyers had retained the Agent to assist them to find a home in Ottawa.

The retainer ended when the Buyers we...

April 5, 2019

OVERVIEW:

Cook – a former Real Estate Agent with Harvey Kalles (HK) brings a motion for summary judgement for $187,500 + HST for commissions earned + the Brokerage “fees”.

Plaintiff’s motion for summary judgment – Granted.

SUMMARY:

In May, 2017, Godfrey (a former Real Esta...

February 22, 2019

A VERY INTERESTING CASE HEADING TO TRIAL

Karami v. Kovari 2019

Buyer's bring a Motion for Summary Judgement (seeking a ruling without trial)

Summary of facts:

Real Estate transaction fails to close on November 2nd, 2017. Buyer sues for the return of his $150,000 deposit. S...

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