COVID-19 has created a unique situation in the real estate market, not only for the buyer and seller, but also for realtors, mortgage brokers and lawyers. The current restrictions and limitations necessary to comply with physical distancing are having a direct impact on a buyer's experience. Showings are conducted virtually, meetings with brokers and lawyers take place over Zoom, and everyone is working remotely. As a solution to some of these challenges, many real estate agents are now including COVID-19 clauses in Agreements of Purchase and Sale. But how do these clauses protect the parties and what should you look out for? COVID-19 clauses in Agreements of Purchase and Sale are meant to protect the parties from delays and interruptions to their deal caused by issues relating to COVID-19, including illness, self-isolation or delays with third parties. However, a COVID-19 clause, which is not carefully drafted and reviewed, may cause unnecessary confusion or delay. Consider, for example, a common clause which contemplates an extension of a real estate transaction where either party is subject to a mandatory COVID-19 quarantine and the agreement is automatically extended, at the request of either party, for a period of 14 days. This clause doesn't consider a situation where a party is still sick after 14 days or where a party has to stay in isolation as other members of their household remain COVID positive. In addition, most people self-isolate voluntarily, rather than it being mandatory. Would this put a party, who is self-isolating to mitigate the risk of exposure or transmission to others, in breach of the agreement? And what if the party was able to close the deal remotely, using audiovideo technology? Would they be able to delay the transaction due to a quarantine despite their ability to close? So, what if your real estate agent includes a COVID-19 clause in an offer, or you receive one from a potential buyer? Discuss the clause carefully with your agent and seek the advice of your real estate lawyer before signing the agreement. It's important to disclose what you are hoping to achieve should an unexpected situation arise. Certainly, there are ways to protect both the buyer and the seller from complications which may arise as a result of COVID-19. But it's important that buyers and sellers are aware of the potential pitfalls with these clauses before including them in any contract or Agreement of Purchase and Sale. The world as we know it has changed, and we must change with it. Protect yourself and your family by speaking to an experienced real estate lawyer, and they will guide you properly and protect you to the exclusion of all others from the dangers brought forward by COVID-19. A good real estate lawyer should also ensure you have a will or Power of Attorney. The minute any real estate deal is firm, ensure that at a minimum you have a Power of Attorney in place in the event that you are physically or mentally unable to complete the transaction. You must protect your family and yourself. Jayson Schwarz LLM and Jacqueline Moneta are with Schwarz Law LLP. To suggest topics for future columns or ask questions, visit schwarzlaw.ca or email info@schwarzlaw.ca.

Fusion Stone is an easy and budget-friendly way to beautifully upgrade your home, inside and out. A patented Shouldice innovation, Fusion Stone is a thin stone veneer that is easily installed with the included stainless steel clips & screws. You just screw it to the wall and it’s “Hooked for Life”.

Custom fabrication, marble granite quartz and a boutique showroom that caters to designers, architects, contractors and more! Everyone is welcome!

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For over 50 years, Faema Canada has introduced the art of traditional Italian Espresso and Cappuccino to Canadians. We carry a variety of premium brands that can be tested at any one of our retail stores. Our selection of machines is only complemented by our assortment of fine espresso blends imported from Italy. Our wide selection of beans can also be brewed and sampled at all of our locations.

Since 1873, Kohler Co. has been improving the level of gracious living by providing exceptional products and services for our customers’ homes and their lifestyles.

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At Riobel we design, create and assemble faucets, shower systems and accessories in our Canadian facility located in St-Jérôme, a suburb of Montréal. Our modern and fashionable products are designed to fit all kitchens or bathrooms. They are easy to install, while mechanical parts are accessible from above the counter to facilitate cleaning and maintenance. Riobel: a benchmark of excellence since 1995!

At JELD-WEN, we craft custom windows and doors from the highest quality materials, designed to inspire homeowners and add beauty to the world.

Sharp Electronics of Canada Ltd. is dedicated to improving the lives of consumers through the use of advanced technology. With a commitment to innovation, quality, value and design, Sharp consumer electronics and appliances enhance enjoyment, while adding to comfort.

IMPROVE is totally unique to Canada. Based on the international success of similar concepts throughout the world, IMPROVE understands how to make home improvement much easier and more pleasurable for consumers and trades to shop all under one roof.

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A retailer of quality flooring products such as hardwood, engineered, and laminate flooring and carpeting. We specialize in quality materials and service. We provide professional installation services for all of our products as well as providing refinishing services. We also specialize in Solid Hardwood stairs.

Specializing in all storage solutions, we cater to both the residential and commercial sectors. We also closely work with interior designers and builders to make sure your storage space goes beyond your expectations. With more than 20 years experience in the industry, we stand behind the quality of our products and guarantee our workmanship.

SimplyConnect provides Canadian older adults with simple and high-value solutions to stay in touch with loved ones.

With a foundation built on respect, integrity, honesty, and responsibility, it’s no wonder homeowners in the greater Toronto area choose Pella for their residential or commercial window and door needs.