Dishonest, fly-by-night, or even inexperienced renovators can leave a trail of heartbreak. Buyers happily move into their newly-purchased, freshly-renovated home, but problems often don’t show up till later. Here are three recent scenarios from my real estate law practice in Edmonton, Alberta. First, I’ll discuss the problems, then I’ll talk about how best to avoid them….
Appeals Court Rules That Liquidate Damages Clause Is Unenforceable Where It Allowed For Recovery of Rent For Remaining Term On Top of Rent Received From New Tenant If you enjoyed the famous Seinfeld episode where George Costanza was accused of “double dipping” his chips and dip at a family funeral, then you’ll appreciate this post….
Read More “Double Dipping By Cummings Properties Not Allowed In Commercial Lease Dispute” »
Another week and another Newsround, let’s see what has been in the housing news this week. Discretionary Housing Payments boosted by government One good thing to come out of last weeks’ budget but was not very well publicised was that Rachel Reeves has put an additional 1 billion extra money into the discretionary housing payments…
Read More “Landlord Law Newsround #364 » The Landlord Law Blog” »
While most families across Canada are gearing up for the holiday season, for those who have recently separated this time of year can bring a new set of challenges. This is a common experience for many, as a 2016 University of Washington study found August to be one of the peak months for couples to…
A recent lawsuit filed in Lee County, Florida, highlights a cautionary tale about appraisal umpire compensation that resulted in a vacated award and significant financial consequences for all parties involved. The case of Estero Beach and Tennis Club v. Riteway Insurance Repair Service, and Gustavo Marrero demonstrates how an umpire’s decision to change his fee…
When letting or renting a property, circumstances may arise where a tenancy needs to end sooner than initially intended or agreed. While one option is for the terminating party to serve notice on the other, there is another way to end the agreements while serving both parties’ interests. Enter Deed of Surrender. Here we explain…
On October 3, 2024, the Department of Energy Office of Clean Energy Demonstrations announced a Notice of Funding Opportunity (NOFO) to fund up to $400 million for clean energy projects in rural and remote areas via its Energy Improvements in Rural or Remote Areas program. The NOFO will provide awards ranging from $2 million –…
Read More “Developers Can Tap into DOE’s $400 Million for Remote and Rural Clean Energy Projects” »
Section 7031 was enacted as both a shield and a sword to deter unlicensed building contractors by (a) preventing them from bringing a claim for compensation for work performed that required a license, and (b) allowing any person who used the unlicensed person’s services to sue for all amounts paid, regardless of the contractor’s fault…
This is a follow-up to a previous blog post about the real estate woes of a corporate client who was in hot water because of an outstanding mortgage balance, loss of ownership of the property, and a huge tax bill to boot. At long last, there has been progress on this case, and I’m delighted…
Read More “Struck Corporations, Land Titles, and Tax in Alberta—Part 2 – Investor Lawyer” »
High Court Rules That Trial Judge Improperly Instructed Jury On Golf Course Property Easement, Covenants and Restrictions In a case which has received national attention and a People Magazine article, the Supreme Judicial Court has overturned a jury’s award of $5 Million to a family whose home overlooking the 15th hole at the Indian Pond…
Read More “SJC Gives Country Club A Mulligan From $5 Million Jury Award In Errant Golf Ball Case” »
