PILLAR 03 · EXPERT INSIGHTS Interview EP 004

Property Pulse Report (EP2): COVID-19 Legal Guide for Real Estate Transactions & Tenancies

with Mark Weisleder , Senior Partner , REAL ESTATE LAWYERS.CA LLP
Play: Property Pulse Report (EP2): COVID-19 Legal Guide for Real Estate Transactions & Tenancies
LISTEN ON ▶ YouTube
8 min · May 14, 2020 · 472 views
WHAT YOU'LL LEARN
  1. How Ontario law firms are using videoconferencing and electronic bank transfers to complete purchase and refinance transactions without in-person meetings.
  2. Whether a seller can refuse a final visit before closing due to COVID-19 safety concerns, and if a buyer can legally refuse to close or demand a price reduction.
  3. Why landlords should continue serving N4 notices of non-payment and filing applications with the Landlord and Tenant Board even during an eviction moratorium.
  4. The purpose and validity of COVID-19 liability waiver forms that buyers are being asked to sign before entering a home for a showing.
  5. Why you must confirm early with your mortgage broker, lender, and lawyer whether electronic signatures and virtual signings are accepted.
  6. How lenders are increasingly requesting proof of rental income deposits into bank accounts, and why keeping a separate account for each rental property simplifies financing.
  7. The importance of compromise, safety protocols, and respectful communication with tenants to manage rent arrears during difficult periods.
Show Notes
Timestamps 5
Questions Answered 4
Mentioned In This Episode 1
In this episode of the Property Pulse Report, host Dalia Barsoum sits down with Mark Weisleder, senior partner at REAL ESTATE LAWYERS.CA LLP and a veteran real estate lawyer with over 30 years of experience. Recorded during the height of the COVID-19 pandemic in Ontario, this conversation tackles the urgent legal questions surrounding real estate transactions and tenancies in a socially distanced world. From virtual closings and electronic trust transfers to the delicate balance between seller safety and buyer rights during final visits, Weisleder provides practical, compromise-driven advice for navigating uncharted territory.



The discussion also dives into landlord-tenant law, clarifying why landlords must continue serving N4 notices and filing with the Landlord and Tenant Board even while evictions are paused, and how to handle rent arrears with empathy and documentation. Weisleder addresses the wave of COVID-19 liability waiver forms being used for property showings, offering perspective on their purpose and limitations. Dalia wraps up with essential financing updates, including the shift toward virtual signings, lender requirements for proof of rental income, and why maintaining separate bank accounts for each rental property is becoming increasingly important for investors.
Can real estate transactions close without in-person meetings during COVID-19?

Yes. According to Mark Weisleder, transactions can be completed without ever seeing the client in person by signing documents through videoconference and transferring closing proceeds electronically to the law firm's trust account, eliminating the need for in-person bank drafts.

Can a seller refuse a final visit before closing due to safety concerns, and can the buyer refuse to close?

While sellers may be nervous about granting final visits, compromise is key—such as limiting visits to 15 minutes with masks and gloves or arranging a virtual tour. However, a buyer generally cannot refuse to close solely because they were denied a final visit; they would need to sue for concealed or undisclosed defects after closing if discovered.

Should landlords serve an N4 notice if the tenant cannot pay rent during the pandemic?

Yes. Landlords should still serve the N4 notice and file an application with the Landlord and Tenant Board even though evictions are paused, because the board will reopen and rent remains payable. In the meantime, landlords should work with tenants to collect as much rent as possible.

Should buyers sign special COVID-19 liability forms before entering a home for a showing?

Many buyers are being asked to sign forms stating they have no COVID-19 symptoms and will not hold sellers or agents liable if they get sick. Mark Weisleder has no difficulty with these forms as long as all showings are conducted safely with masks, gloves, and minimal contact.

  • N4 notice of non-payment of rent
Where do you start?