When dealing with legal matters, it’s normal to feel overwhelmed and unsure about what to do next. You may have questions about your rights, the legal process, or what to expect. At Gowland, Boriss, we’re here to help.

These Frequently Asked Questions and Answers sections address some of the most common questions we hear from individuals.

If you need more personalized guidance, our team is just a phone call or email away. We are committed to helping you move forward with clarity and confidence.

 

705.743.7252 | 1.800.808.0189 | info@gowlandboriss.ca

Real Estate Litigation FAQs

1. What if I am selling my house but the purchaser refuses to close?

Unless the purchaser has a valid condition as part of the contract that could not be fulfilled, such as the purchase being conditional on finding financing by a certain date, or there is a valid warranty in the contract that has not been fulfilled by you, there is likely a valid contract, and the purchaser may be sued.

2. What damages may be awarded where a purchaser refuses to close the purchase of a property where there has been found to be a binding contract?

Normally, the seller is entitled to the difference between what the breaching purchaser offered to pay for the property and what the seller eventually is able to sell it for, plus, usually, the miscellaneous expenses that may be incurred as a result of the refusal to close, such as additional storage and financing costs and other incidental expenses. If the seller is able to sell the property for as much or more than the defaulting purchaser offered to pay, it may not be worth litigating. In rare cases, an innocent purchaser or seller may even be able to obtain a Court Order to force the defaulting party to complete the transaction as agreed, but such claims should be pursued quickly and based on solid evidence.

3. Am I liable if, after selling my house, the purchaser finds many deficiencies that they say must be repaired at a heavy cost?

As a seller, you are only liable for either misrepresenting something material about the property or for active concealment of a defect that you know exists but would not be apparent to a prospective purchaser on reasonable inspection, including inspection by any home inspector they may hire. To this limited extent, the frequently quoted maxim: “buyer beware”, does apply. A seller cannot be held liable for defects of which the seller is unaware that later are discovered unless the seller has given a specific warranty in the Agreement of Purchase and Sale that would cover the situation.

4. What happens if you have purchased a cottage which is accessed over a right of way over private property and one of the neighbouring owners decides to cut off your right of way, which passes over their land?

You may have a legal right of way. It may be set out in the deed you have, but, even if it is not, it is possible that you may be able to establish that you have acquired an easement, which is a legal right of way, by 20 years of open, continuous, and uninterrupted use at a time when the property was registered under the Registry Act (but this does not apply to time periods when the property is registered under the Land Titles Act, to which most land in this area has been converted in the last approximately 20 to 30 years). Even if the land has since been converted to Land Titles, historic open use for 20 years before conversion without interruption, may be sufficient to allow you to acquire a right of way by prescription, which means by passage of time. Issues may still arise as to what, if anything, was done to interrupt the use of this right of way, or whether the right of way may arise by necessity, that is the lack of an alternative “legal” (as opposed to “practical”) alternative route to access the property. Again, these types of situations require extensive investigation, including historical investigation, because they turn on the facts of each case.

5. What happens if, after buying your property, you find that a neighbour claims that they own a part of it or a right of way over part of it, although nothing is shown in your deed?

Again, this calls for an early and extensive historical investigation as to the nature of the claims and whether they can be proved. While there theoretically is at least some risk that a neighbour could acquire an ownership interest over part of your land by exclusive possession for an extended period of time, 10 years more (“adverse possession”), or have acquired a right of way for 20 years of open, continuous, and uninterrupted use, you have various defences, such as the permission of yourself or your predecessors in ownership allowing the neighbour to pass, or if you blocked access from time to time, or the use by the neighbour was so infrequent it would not be considered open or notorious. Again, investigation and specific facts, as well as an understanding of the complexities of the law, all matter.

If you have a question that isn’t answered here, we invite you to contact us. The Gowland, Boriss team is here to listen, support, and guide you through the process—with clarity, compassion, and a strong commitment to your best interests.

705.743.7252 | 1.800.808.0189 | info@gowlandboriss.ca

Disclaimer:

Please note that nothing on this website should be considered legal advice and is being provided for general information purposes only. For legal advice, we encourage consultation with a lawyer to review your specific concerns and situation.