Residential Real Estate Disputes


Residential Real Estate Disputes

Residential property refers to real estate that is used for living or the dwelling of individuals. Residential real estate includes apartment buildings, condominiums, duplexes, and homes. Alike commercial real estate, residential real property litigation disputes commonly arise between:

  • The purchaser and buyer of residential property;
  • The owner of the residential property and a contractor or subcontractor; and
  • The landlord and tenant of residential premises.

Agreement of Purchase and Sale

The Agreement of Purchase and Sale is the agreement between the buyer and seller to purchase residential property. This agreement contains specific duties that each party must fulfill for the transaction to close.  Many times, disputes may arise between the purchaser and seller of residential property. For example, one party to the agreement may back out of the transaction last minute or may fail to fulfil his or her obligations as set out in the Agreement of Purchase and Sale.

The Walker Law’s litigation team focuses on resolving residential property disputes. We understand that purchasing real estate may be the largest investment you ever make. As such, we work diligently to avoid prolonged litigation and find the most effective route to a resolution.

Common Residential Disputes

Failure to Disclose a Latent Defect

Property defects are categorized by patent and latent defects. A patent defect is one that can be discovered by conducting a reasonable inspection and making reasonable inquiries about the property. A latent defect  is one that cannot be discovered reasonably by inspection and may be a hidden defect, such as mould. According to Canadian common law, sellers must disclose known latent defects to prospective purchasers and cannot hide defects in the home. Where the seller fails to disclose or tries to hide a known latent defect, he or she could be held responsible for damages and may be required to compensate the purchaser.


Misrepresentations are false statements expressed orally or written from one person to another. Accordingly, there may be instances where a seller makes false promises to the purchaser.

The Landlord and Tenant Board

The Landlord and Tenant Board is a tribunal governed by the Residential Tenancies Act, which deals with landlord and tenant disputes, including non-payment of rent, damage to the leased premises, and terminating residential lease agreements.  

How Our Real Estate Litigation Lawyers Can Assist You

Walker Law’s civil litigation lawyers can assist you with all aspects of residential property claims, including:

  • agreements of purchase and sale;
  • asset protection;
  • boundary disputes;
  • breach of lease agreements;
  • breach of trust;
  • building code disputes;
  • certificates of pending litigation;
  • construction liens;
  • deficiency claims;
  • discharge of liens;
  • distraints;
  • evictions;
  • failure to close;
  • fraudulent conveyances;
  • fraudulent mortgages;
  • hidden defects;
  • lockouts;
  • misrepresentation;
  • non-payment of rent;
  • patent and latent defects;
  • registration of liens;
  • relief from forfeiture; and
  • and more!

Walker Law is located in the heart of the financial district in downtown Toronto. Our legal staff are ready to assist you. Call us at 647-342-2334 or email us at [email protected] for a consultation.

To read about some of our success stories, please see previous court decisions below:

Watch our most recent webinars on Residential Real Estate Disputes


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