Real Estate

Real estate cannot be lost or stolen, nor can it be carried away

Real estate law in Canada, including Ontario, is a complex and evolving area that governs the buying, selling, and use of real property. Here are some key rules and regulations related to real estate in Ontario:

Ontario Real Estate and Business Brokers Act (REBBA):

This legislation sets out the rules for real estate agents and brokers, including licensing requirements, duties, and responsibilities towards clients, disclosure requirements, and trust accounting rules.

Land Registration System:

Ontario operates on a land registration system, where all real estate transactions are registered with the provincial land registry office. This system helps ensure clear and secure property ownership.

Title and Ownership:

The legal concept of ownership is essential in real estate law. Titles must be clear and transferable, and any encumbrances or liens on the property should be disclosed.

Agreements of Purchase and Sale:

Real estate transactions are formalized through agreements of purchase and sale. These contracts outline the terms and conditions of the sale, including the purchase price, closing date, and any special conditions.

Deposit Protection:

Deposits made by buyers in real estate transactions are protected under REBBA, and the funds are held in trust by the seller’s real estate brokerage until the closing of the transaction.

Zoning and Land Use Regulations:

Municipalities in Ontario have zoning bylaws that regulate land use. These bylaws specify what types of activities are allowed in different areas, such as residential, commercial, or industrial use.

Tarion Warranty Corporation:

In Ontario, newly constructed homes are protected by Tarion Warranty Corporation, which provides warranties against certain defects and protects homebuyers in case of builder issues.

Foreign Ownership Restrictions:

There may be restrictions or additional requirements for foreign buyers looking to purchase residential properties in certain areas or under specific circumstances.

Environmental Regulations:

Properties in Ontario must adhere to environmental regulations, especially when it comes to hazardous substances, wetlands, or protected natural areas.

Rent Control:

Rental properties in Ontario are subject to rent control regulations, which limit the amount and frequency of rent increases that landlords can impose on tenants.

Discrimination Laws:

Real estate transactions must comply with anti-discrimination laws that protect individuals from being denied housing based on factors such as race, religion, gender, disability, or family status.

Property Taxation:

Ontario has property tax laws that determine the amount of property tax homeowners must pay based on the assessed value of their property