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PAGE 10 FOCUS January 16, 2012 • Law Times Continued from page 9 response was no even though there had been several backups. The agent was let off the hook, but the buyers appealed. This time, the Ontario Court of Ap- peal said the agent should have done a better job in acting for the buyers, who didn't get a home inspection. "The Scherbaks knew that the foun- dation of the house was seriously com- promised and that there were ongoing plumbing problems," wrote Justice Glo- ria Epstein. "The Scherbaks made incomplete disclosure about these problems to Ms. Krawchuk. Ms. Weddell took no steps to verify the accuracy of the informa- tion supplied by the Scherbaks or to otherwise protect Ms. Krawchuk from the adverse consequences of this inac- curate information. Misinformed by the Scherbaks and badly served by Ms. Weddell, Ms. Krawchuk purchased a house with serious latent defects. She was forced to move out while she re- paired her home at considerable ex- pense." The cost to fix the home was $110,100. That was $100 more than Krawchuk paid for the home. "This case was about the disclosure form and the obligation for the agent acting on both sides to make appropriate inquiries to properly represent both sides," says Elliott, who believes the courts are holding real estate agents to a higher standard than they have in the past. She has two reasons for this. "Firstly, the fact that many agents are acting on both sides and this conflict requires a higher level of disclosure to both sides," says Elliott. "Secondly, that the commissions paid are high enough that more is expected of the agents. Agents are expected to ask questions appropriate for the property and con- vey that information. Agents are ex- pected to encourage clients to rely upon the appropriate experts for the situation as required." LT Bob Aaron has been a fierce critic of disclosure statements. Photo: Kenneth Jackson GAIN INSIGHT INTO THE LEGAL DYNAMICS OF A REAL ESTATE TRANSACTION NEW PUBLICATION LECTURES IN REAL ESTATE TRANSACTIONS PAUL PERELL, B.A. (TORONTO), LL.B., LL.M., Ph.D. (OSGOODE), L.S.M. Gain insight into the mechanics and legal dynamics of a real estate transaction. Lectures in Real Estate Transactions is a valuable new resource that covers the fundamentals of a real estate transaction from beginning to end, including mortgages and remedies. Written by an experienced judge and professor, this new title presents information in an easy-to-understand style and includes references to leading case law. A WEALTH OF INSIGHT AND PRACTICAL TAKE-AWAYS Lectures in Real Estate Transactions covers the essentials of the sale and mortgaging of land: • The Agreement of Purchase and Sale – contractual rights • Transfer of Title • Real Estate Agents – their rights and obligations • The Registry Act and the Land Titles Act – how ownership of land is registered and investigated • The Planning Act • Remedies for Breach of Contract for the Sale of Land – how damages are calculated, when specific performance is available, the role of the deposit, and more • Mortgage Remedies. ORDER # 804548-67489 $144 Hardcover approx. 360 pages August 2011 978-0-88804-548-5 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com .canadalawbook.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 CANADA LAW BOOK® Carswell-27246_LT_Jan16_12.indd 1 www.lawtimesnews.com 12-01-09 8:59 AM Lectures in Real Estate Transactions is an indispensable resource. It is a study in the fundamental principles of contract law, tort law, restitution, and property law in the context of a transaction involving the sale of land and in the broader context of commercial transactions. Agents held to higher standard

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