Ontario Real Estate Law Flashcards
6 cards from real OREA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Ontario Real Estate Law flashcards as text
In Ontario, which legislation governs the transfer of land and the registration of interests in real property?
Answer: The Registry Act and the Land Titles Act
Ontario has two systems for recording interests in land: the Registry system (governed by the Registry Act) and the Land Titles system (governed by the Land Titles Act). The province has been transitioning all properties to the Land Titles system.
What is the purpose of the Planning Act in Ontario real estate?
Answer: To regulate land use planning, subdivision of land, and development controls
The Planning Act provides the framework for land use planning in Ontario, including zoning, subdivision control, site plan control, and official plans that guide development and land use decisions.
Under Ontario law, what is the significance of the 'doctrine of merger' in real estate transactions?
Answer: It means that upon closing, the terms of the agreement of purchase and sale merge into the deed and can no longer be enforced separately
The doctrine of merger states that once a transaction closes and the deed is delivered, the provisions of the agreement of purchase and sale merge into the deed. Any claims based on the agreement are extinguished unless specifically preserved.
In Ontario, what is the 'Family Law Act' requirement regarding the matrimonial home in a real estate transaction?
Answer: Both spouses must consent to the sale or disposition of the matrimonial home, even if only one spouse is on title
Under the Family Law Act, both spouses must consent to the sale, mortgage, or other disposition of the matrimonial home, regardless of which spouse holds legal title to the property.
What is the role of the 'Residential Tenancies Act' in Ontario real estate transactions?
Answer: It governs the rights and obligations of residential landlords and tenants, including protections that survive property sales
The Residential Tenancies Act governs the relationship between residential landlords and tenants in Ontario. Tenancy agreements survive the sale of a property — a new owner cannot simply evict existing tenants.
Under Ontario law, what is the limitation period for bringing a civil action related to a real estate transaction?
Answer: 2 years from the date the claim was discovered
Under the Limitations Act, 2002, the basic limitation period in Ontario is 2 years from the date the claim was discovered or ought to have been discovered. There is also an ultimate limitation period of 15 years.