The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Wrong square footage leads to rescission of agreement of purchase and sale

In Issa v. Wilson,[1] the Ontario Court of Appeal affirmed a trial decision[2] that set aside an agreement of purchase and sale on the basis that the size of the real property had been misrepresented in the listing for sale. The fact that the agreement of purchase and sale had an entire agreement clause did not displace the effect of the misrepresentation as to square footage. A real estate agent (Jarrah) represented both the home seller (Wilson) and the home buyer (Issa). Jarrah represented to Issa that the home was 2,100 square feet when it was, in fact, only 1,450 ... [more] Full article


Real Estate Litigation Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

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