The Closing Brief
Real Estate Law - Simplified
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When Title Doesn’t Tell the Whole Story
Title isn’t always the final word on ownership.
In Zhou v. Zhao, the court found that the true owners were the ones who funded the purchase—not those listed on title—highlighting how resulting trusts can reshape property rights, especially in family arrangements. 03/17/2026
A Costly Surprise After Closing
Hidden defects discovered after closing can lead to serious legal consequences. This case shows that sellers may be liable for failing to disclose major property issues, even without intentional misconduct, resulting in significant damages for negligent misrepresentation. 04/21/2026
No Safety Net: Buyer Held Liable After Financing Fell Through
Waiving a financing condition removes a key protection for buyers and shifts the full risk of securing funds onto them. In Coco Developments Ltd. v. Sabir, the buyer couldn’t close due to financial issues and was held liable for the seller’s losses, showing that financial hardship is not a valid excuse to walk away from a binding agreement. 04/28/2026
Firm Deal, No Closing: The Cost of Walking Away
A firm Agreement of Purchase and Sale is not something parties can simply walk away from without consequences. In James D. Taylor Holdings Ltd. v. WJ Groundwater Canada Limited, involving an industrial property in Port Perry, Ontario, the court found a buyer liable for substantial damages after refusing to close following the waiver of conditions. The decision highlights how courts assess mitigation efforts, resale value, and carrying costs when a real estate deal collapses—and reinforces that sellers who act reasonably to minimize losses may recover significant damages. 05/26/2026