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My parents are selling their cottage to a sibling whose
My parents are selling their cottage to a sibling whose stated goal in buying is to keep the property in the family. The purchase offer price, which our parents accepted, is $150,000 less than current… read more
J.Chen
J.Chen
Lawyer
J.D.
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I am looking for an advise as i have received a letter from
I am looking for an advise as i have received a letter from my builder's lawyer stating that I tried to speculate the property by relisting before the closing. I am looking for an advise if I have any… read more
Debra
Debra
Lawyer
Doctoral Degree
138,603 satisfied customers
Do you answer questions about Quebec real estate issues? Not
Do you answer questions about Quebec real estate issues? … read more
Jeremie John Martin
Jeremie John Martin
Lawyer
Quebec bar and LLB, LLM (attending)
1,300 satisfied customers
This is the jurisdictional clause in my contract: Ontario.
Just a question. My company is in Toronto and the business dealing was in Toronto. Can somebody sue me in say Sudbury, using Sudbury courts. The jurisdictional clause is as follows 1. GOVERNING LAW; SUBMISSION TO JURISDICTION. This Agreement shall be governed by and construed in accordance with the domestic laws of the Province of Ontario, Canada without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario, Canada or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Ontario, Canada. Each of the parties submits to the jurisdiction of any provincial or federal court sitting in Toronto, Ontario, Canada in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each party also agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto. Any party may make service on the other party by sending or delivering a copy of the process to the party to be served at the address shown on the first page of this Agreement. Nothing in this Section 12, however, shall affect the right of any party to serve legal process in any other manner permitted by law or in equity. 2. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and final, complete, and exclusive written expression by Seller and Buyer of all of the terms and conditions of sale with respect to the purchase and sale of goods covered by this Agreement and may not be changed, amended, or supplemented (by course of dealing, usage of trade or course of performance, or otherwise) except by written agreement signed by Buyer and Seller. Acceptance of the offer to sell the goods as set forth in this Agreement is expressly and strictly limited to the terms set forth herein. No additional or different terms or conditions (including but not limited to Buyer's purchaser order form) shall become part of this Agreement, any new or different terms being hereby expressly rejected. Buyer's retention of any goods or payment of any portion of the purchase price constitute Buyer's acceptance of the terms of this Agreement. Any representation, warranty, statement, price, drawing, description, data, specification, agreement, or undertaking (oral or written) not expressly set forth in this Agreement shall be superseded by this Agreement and shall not be effective or enforceable or relied upon. The terms of this Agreement are independent and severable so that if one provision is not enforceable, that does not affect the remainder of the provisions. After Seller's acceptance, Buyer may not cancel its purchase order without the written consent of Seller. Seller shall have the absolute right to cancel and not complete its obligations under Buyer's purchase order if, at any time, in Seller's opinion, all terms and conditions of this Agreement are not complied with by Buyer or Seller has reasonable grounds for insecurity with respect to performance by Buyer. No additional or different terms or conditions (including but not limited to Buyer's purchaser order form) shall become part of this Agreement, any new or different terms being expressly rejected. Buyer's retention of any goods or payment of any portion of the purchase price constitute Buyer's acceptance of the terms of this Agreement. The failure or delay in enforcing any provision of this Agreement shall not be deemed a waiver of such provision or right. No waiver of any term of this Agreement shall be effective unless made in writing and signed by the party against whom the waiver is asserted. No such waiver shall … read more
Debra
Debra
Lawyer
Doctoral Degree
138,603 satisfied customers
I am still in contact with a local lawyer (am waiting to
Hi Debra,I am still in contact with a local lawyer (am waiting to hear back) and would be interested in passing a question by you, for your take:I am planning to have an "as is, where is" clause put i… read more
Debra
Debra
Lawyer
Doctoral Degree
138,603 satisfied customers
I am looking at making an offer property (farm and house)
I am looking at making an offer for a property (farm and house) that belonged to a farmer who passed away and the property is now with the mortgage bank. in the agreement of sale and purchase, The ban… read more
Debra
Debra
Lawyer
Doctoral Degree
138,603 satisfied customers
I have a contract issue. My competitor has placed vending
I have a contract issue. My competitor has placed vending machines at a company and provides food, snacks and beverage services to that firms employees. They have a contract with an exclusivity clause… read more
Debra
Debra
Lawyer
Doctoral Degree
138,603 satisfied customers
I am selling my home and in the offer there is a clause stating
I am selling my home and in the offer there is a clause stating that I will offer "$5500 cash back to the buyer on closing to cover the cost of replacing existing appliances. This amount is to be held… read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
2,044 satisfied customers
Clause 17 of your confidentiality agreement states that the
Clause 17 of your confidentiality agreement states that the agreement can be terminated by either party and will immediately end the contract. The selling party wants to extend that period for 3 years… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Hello: Im in the process of purchasing the assets of a
Hello: I'm in the process of purchasing the assets of a business (mostly goodwill). The Broker Indemnification I'm being asked to sign includes: "Purchaser and Vendor each acknowledge that neither Bro… read more
Tom B.
Tom B.
Lawyer
LLB Bachelor of Laws
2,264 satisfied customers
We purchased a Home in October and were verbally advised that
We purchased a Home in October and were verbally advised that we had on the home the 7 year Tarion Warranty. The Seller provided us with a Tarion Number, their Real Estate Agent provided the number to… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
My wife and I purchased a house in 2004 from a real estate
My wife and I purchased a house in 2004 from a real estate agent. There has never been an attic access in this house. We decided to have the attic insulated and when access to the attic was gained we … read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Hi, I purchased a boat July 1, 2013. The bill of sale included
Hi, I purchased a boat July 1, 2013. The bill of sale included the term as is with no warranty. I had the seller add an addendum that it was in good working order. This was a long distance purchase wh… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
vehicle sale fraud, odometer rollback, misrepresentation
I would like to outline a matter and would appreciate hearing whether you see anything to it, from a fraud or breach of contract point of view. A seller sells an off highway motor vehicle to a buyer, … read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
We recently purchased a vehicle. The seller of the vehicle
We recently purchased a vehicle. The seller of the vehicle assured us the front end was just re-done. The first day we owned the vehicle, the vehicle quit running at highway speeds. After taking it to… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
A seller unwittingly sold a house with a defective fireplace.
A seller unwittingly sold a house with a defective fireplace. To protect against this possibility, he attempted to limit his liability by excluding the fireplace from legal guarantee, but ONLY IN THE … read more
Debra
Debra
Lawyer
Doctoral Degree
138,603 satisfied customers
Ontario real estate law question We put an offer on a home.
Ontario real estate law question: We put an offer on a home. The seller's counter offer added the following clause: "The buyer acknowledges that the property is being sold in a an "as is where is cond… read more
Harv
Harv
836 satisfied customers
Does a buyer have recourse after the purchase of a residential
Does a 'buyer' have recourse after the purchase of a residential home if the buyer failed to have an inspection done that was part of a "Contract to Purchase and Sale Addendum" then subsequently deter… read more
Debra
Debra
Lawyer
Doctoral Degree
138,603 satisfied customers
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