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Real Estate Laws

Q1. What is a valid Agreement of Purchase and Sale of a property?
Q2. Laws or Bylaws relating to Real Estate
Q3. Where I can get Title Searched?
Q4. What is CROWN LANDS?
Q5. Who is in charge of Title Registration in Ontario?
Q6. What are two Title Systems in Ontario?

Q1. What is a valid Agreement of Purchase and Sale of a property?

A1. It is not necessary every agreement signed between Buyer and Seller, a valid Agreement depends on the following 5 elements:

• The parties entering into a contract must be legally competent to contract (capacity of the parties).
• The contractual arrangement must be lawful (lawful object or legality of object).
• Each party must receive something (consideration).
• There must be offer and acceptance (mutual agreement).
• Both parties must consent to the terms of the contract (genuine intention).
• The agreement must be certain (definite and clear).

Without any one of the aboved element , the Agreement should be Null and Void), or has possibility to be Voidable:

• Void (never came into existence);
• Voidable (originally valid but capable of being rejected by the offended parties at a later time); or
• Illegal (not enforceable by the courts).

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Q2. Laws or Bylaws relating to Real Estate:

A2. Following list is just for reference, any other professional sugestion, please contact us or your real estate solicitor:

• CONTRACT LAW
  
• REAL ESTATE AND BUSINESS BROKERS ACT
  
• BUSINESS PRACTICES ACT
  
• COMSUMER REPORTING ACT
  
• TAXATION
  
• SPOUSAL RIGHTS
  
• EXPROPRIATION
  
• COMPETITION ACT
  
• INCOME TAX
  
• NATIVE LAND
  
• THE REGISTRY ACT
  
• LAND TITLES ACT
  
• ZONING BYLAW
  
• BUILDING CODE
  
• FIRE CODE
  
• AGENCY LAW
  
• TENANT PROTECTION ACT
  
• RECO CODE OF ETHICS
  
• MONEY LAUNDERING AND TERRORIST PROPERTY
  
• PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENT ACT
  

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Q3. Where I can get Title Searched?

A3. Through The Land Registry Office or Real Estate Solicitor.

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Q4. What is CROWN LANDS?

A4. A crown patent is an original title deeded by the government and generally accepted by the root of all title. Most property in Canada commences the legal chain of title from the Crown Patent.


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Q5. Who is in charge of Title Registration in Ontario?

A6.The Real Property Registration Branch, Ministry of Consumer and Business Services.

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Q6. What are two Title Systems in Ontario?

A7.

• Registry System: Base on Registry Act .
• Land Title System: Accirding to Land Title Act .

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