Failed real estate deals: The assessment date for damages
It is inevitable that some deals fall apart, but the consequences and frequency of these failures can vary based on whether it occurs in a rising, falling or stable market. The state of the market may also affect who the at-fault party is likely to be. With declining purchase prices, failed …
View the post titled Failed real estate deals: The assessment date for damagesBuyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a r…
View the post titled Buyer can't rely on Seller's Environmental ReportsDesigning a holdback clause
Real estate transactions often include holdbacks to deal with environmental issues. Unfortunately, the holdback clauses are often poorly worded, which can lead to unnecessary disputes. A recent case in the Ontario Superior Court illustrates the problem:
View the post titled Designing a holdback clauseReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.