When a buyer fails to close on the agreed date, the seller has several potential remedies. These include retaining the deposit as liquidated damages, commencing an action for damages for carrying costs, additional sale losses, and legal fees, or in appropriate circumstances, seeking specific performance to compel the buyer to complete the purchase. Time is critical. The seller’s response in the days immediately following a failed closing significantly affects their legal position and available remedies. We advise sellers on their options and act quickly to preserve their rights.

When a seller fails or refuses to close, the buyer may seek specific performance — a court order requiring the seller to complete the transaction — or alternatively claim damages for the difference between the agreed purchase price and the current market value of the property, together with other losses. Buyers should act immediately to register a Certificate of Pending Litigation (CPL) on title to prevent the seller from dealing with the property while the dispute is ongoing. We move quickly on these matters to protect the buyer’s interest in the property.

Disputes over the release of deposits held in trust are among the most common real estate disputes in Ontario. When a transaction fails to close, the question of who is entitled to the deposit — and under what circumstances — is frequently contested. Under the Trust in Real Estate Services Act, 2002 (TRESA), deposits must be held in a brokerage’s trust account and cannot be released without mutual consent of the parties or a court order. We represent both buyers seeking return of their deposit and sellers seeking to retain it as damages.

Ontario law distinguishes between patent defects — visible defects a buyer could discover on reasonable inspection — and latent defects — hidden defects that are not reasonably discoverable and that render the property dangerous or unfit for habitation. Sellers are not required to disclose patent defects, but they are legally prohibited from actively concealing latent defects. Where a seller knew of a latent defect and failed to disclose it, the buyer may have a claim in misrepresentation or fraudulent concealment. We assess the nature of the defect, the seller’s knowledge, and the available remedies — including rescission of the transaction or damages.

Misrepresentation in a real estate transaction can take three forms: innocent misrepresentation (a false statement made without knowledge of its falsity), negligent misrepresentation (a false statement made without reasonable grounds for believing it to be true), and fraudulent misrepresentation (a deliberate false statement made with intent to deceive). Each type carries different legal consequences and available remedies, ranging from damages to rescission of the Agreement. We assess the specific facts of your situation and advise on the strongest available claim.

Buyers of new homes in Ontario have statutory protections under the Ontario New Home Warranties Plan Act, administered by Tarion. These include warranty coverage for deposit protection, delayed closing compensation, and construction defects. Buyers of new condominiums have additional protections under the Condominium Act, 1998 — including the right to rescind a purchase agreement following a material change to the disclosure statement. We advise buyers navigating Tarion warranty claims and developers’ obligations under the Condominium Act, and represent clients whose rights under these statutes have been breached.

Title disputes arise when competing claims to ownership or use of land are asserted — including boundary disputes, encroachments by neighbouring structures, adverse possession claims, and disputes over easements or right-of-way. These matters can affect your ability to use, sell, or mortgage your property. We advise property owners on their rights and remedies, and represent clients in proceedings before the court or the Ontario Land Tribunal where required.

Real estate agents and brokerages owe a duty of care to their clients. Where an agent fails to meet the professional standard of care — including failure to disclose material facts, negligent pricing advice, failure to communicate offers, or conflicts of interest — they may be liable in negligence. These claims can be pursued in court as civil actions for damages, and in some cases may also give rise to regulatory complaints before RECO or TRREB. We assess whether the conduct meets the threshold for a negligence claim and advise on the most effective course of action.