Mortgage Dispute, Enforcement and Litigation
Disputes can arise due to many reasons in real estate transactions. You may be part of an agreement where the other party did not follow his obligations as noted in the purchase agreement.
Real estate disputes can have many forms. In one case, you purchased a house and later discovered defects in it, which were not shared with you before the agreement. In another case, one party breaches the purchase agreement of a property; the other party will have the right to sue or take suitable legal action. These disputes are referred to as real estate litigation when they are contested in the courts for resolution.
Buying, selling and leasing of property, both commercial and residential are governed by real estate and contract laws of Ontario. In a real estate transaction, all parties sign an agreement which lays down the terms and conditions. If one party does not honor their part of the contract; the other party has the right to sue and enforce legal action.
If a buyer refuses or fails to close a real estate purchase, the seller can normally chose to either forfeit the deposit or claim their actual damages. In order to claim their actual damages the seller will normally have to re-sell the property and show how their loss is calculated. To claim the deposit the vendor normally only has to show a default on the part of the buyer.
If it is the seller who refuses to close, the buyer needs to prove their actual damages. This is normally done by getting an expert report showing how the property increased in value. The buyer may also be able to claim other losses arising from the refusal to close such as temporary housing costs, moving costs or storage fees.
Different legal situations can arise like, a breach of contract, commercial landlord and tenant hassles, title dispute, title claim, power of sale, foreclosure issues, mortgage law cases, property tax issues.
We will support you in litigation, arbitration, mediation, dispute review boards, and appeal. Our interdisciplinary and specialized team of real estate lawyers can assist you with the below services: