Raising financing for a specific project occasionally involves pooling the funds of a number of investors in a mortgage in favour of a limited company which is incorporated and managed by the persons who brought the…

Subject to “satisfactory financing”, while not a whim and fancy clause, has been analyzed in several earlier cases and again in a recent decision involving the cash purchase of a business…

An offer to purchase a commercial building was subject to raising a first mortgage at a rate of interest no more than “C.I.B.C. prime plus 2%.” The Commitment letter from…

Is a contract created by Fax Transmissions a contract in writing signed by the persons transmitting the offer or acceptance? Having been long accustomed to telegram…

Column 125 discussed how a mortgagor may be able to limit liability under the personal covenant of the mortgagee, upon the sale by the mortgagor…

Relief is in sight. This column is about a B.C. Court of Appeal decision which will make the addition of a conditional financing clause less of a hazard…

Adam B. Able, the affable agent/owner of the Point Grey Wreck Beach Real Estate Agency, was in his office balancing his accounts payable against the sales…

Column No. 26 discussed the increasing number of successful damage actions brought against lawyers by vendors in transactions where the lawyers in question considered that they were acting for the purchasers only…

Legally Speaking Column No. 1 discussed the fiduciary relationship between the licencee and the person who has retained the licencee to sell his property. Those principles were examined in a recent case where the…

Column 20 discussed concessionary financing by vendors in the form of take-back mortgages and buy-downs of interest rates on high interest mortgages to be assumed or arranged by a prospective purchaser…

An article in the Financial Times of Canada of April 12, 1982 reviews the extent to which “concessionary financing” by vendors has been the salvation of the housing markets in the past few months…

An offer to purchase the assets of a hunting and fishing lodge, was subject to a number of conditions, one of which was the following: “Subject to obtaining financing, provided that this subject clause shall be…

Very occasionally a prospective purchaser for whom an offer to purchase is being prepared, asks for the insertion of a condition in the agreement such as “subject to financing…” because he is not entirely certain…

An offer to purchase made by “the undersigned Century 21 Real Estate Ltd. or nominee” was held to be unenforceable, in part because of the uncertainty as to who was the intended purchaser…

Every vendor wants as large a deposit as possible, while no potential purchaser wants to tie up a relatively large sum if he is unable to get the financing which is the condition precedent to his purchase of the…