Real Estate
Limitation period clarified for family law constructive trust claims
The concept of constructive trust has long been used, in family law, to support the awarding of an interest in property to a common-law spouse who is not on title. While the concept of the matrimonial home exists to ensure that married spouses share in the family home on marriage breakdown, the matrimonial home rules… Read More »
Categories: Real Estate, Family LawFailing to deliver title insurance opens up a number of risks
Hundreds of real estate malpractice claims find their way to LAWPRO every year. Some involve complex and exotic fact situations, but many do not. At the heart of most claims is the lawyer’s failure to deliver something the client has requested or expected. Where the deliverable is at the heart of the deal − keys… Read More »
Categories: Real EstateRequisition: A process, not just a letter
By definition, a requisition is the act of formally requiring or calling upon someone to perform an action. However, one cannot demand performance without fully knowing what to request. Requisitions are not merely a means of communication between two parties but a process by which matters requiring attention, such as defects in title, are investigated… Read More »
Categories: Real EstateHow to remotely access your Teraview Account
The following appeared in a March 2012 Law Society of Upper Canada e-Bulletin and also appears in the Q&As on the Law Society’s website. Remote Access to Your Teraview Account I practice real estate. I have a transaction closing at the end of the week, but I am scheduled to be out of the office… Read More »
Categories: Real Estate, TechnologyProtect yourself with a Purchaser’s Waiver of Title Insurance
In Ontario, Rule 2.02(10) of the LSUC Rules of Professional Conduct requires lawyers to discuss title insurance with their clients and advise the clients that title insurance is not mandatory. Clients can either choose to purchase a title insurance policy or to rely on the lawyer’s opinion on title. All too often, LawPRO sees claims… Read More »
Categories: Real EstateRisk management resources on the new TitlePLUS website
TitlePLUS has just launched a revamped website at www.titleplus.ca that includes new features and intuitive drop-down menus. There are also some great resources for real estate lawyers and their staff that will help reduce claims exposure, including sample retainer and reporting letters – two important risk management tools. The documents you can use and adapt… Read More »
Categories: Real EstateCondo buyers get a checklist
TitlePLUS’s Ray Leclair has provided prospective condo buyers with a checklist of things they should know about before deciding to purchase. This list was made available to the public in several real estate publications. Status Certificate: This document should be a condition in any agreement to purchase. It includes important information such as monthly expenses,… Read More »
Categories: Real Estate