Terminating an Agreement of Purchase and Sale: Warranties vs Conditions

Virtually every real estate transaction is carried out by way of a written contract. The contract is composed of various terms. Often one party is in breach of one of the terms of the contract. Whether the non-breaching party may properly terminate and refuse to close depends on the nature of the term that is being breached. Generally speaking, there are two types of contractual terms or promises: conditions and warranties.

Builder Issues with Tarion

Builders Arbitration Forum and Alternatives to the Builders Arbitration Forum Tarion, pursuant to Bulletin 41, created the Builders Arbitration Forum (BAF). Builder Bulletins are promulgated from time to time by Tarion to set out requirements builders must meet as part of the terms and conditions of continued registration. Bulletin 41, does not have the force […]