Can a vendor’s lien be used as security for the remainder of a purchase price?

Ontario, Canada


The following excerpt is from King Lofts Toronto I Ltd. v. Emmons, 2013 ONSC 6113 (CanLII):

For example, in Major v. Buchanan, supra, the client sold his small residential property to the developer of an apartment and had only a vendor’s lien as security for the balance of the purchase price. The agreement of sale allowed the purchaser to demolish the residence. However, as a parcel of vacant land, the property was too small for a new building permit. The solicitor who was involved in the negotiation of the agreement was found negligent for his failure to warn the client that the demolition of the property jeopardized the client’s security.

Other Questions


Is a vendor entitled to a vendor’s lien if he takes a mortgage back to secure the balance of the purchase price? (Alberta, Canada)
Is a vendor's lien waived by the fact that the vendor is suing the vendor for unpaid purchase money? (Saskatchewan, Canada)
What is the basis for seeking reimbursement for Iver's purchase price? (British Columbia, Canada)
How does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
Does a vendor have the right to treat non-payment of the purchase price as abandonment of the agreement for sale? (Saskatchewan, Canada)
Is a lien against a vendor waived by the fact that the vendor is suing the vendor for unpaid purchase money? (Saskatchewan, Canada)
Is an adjudicator's security of tenure, financial security and institutional independence independent? (British Columbia, Canada)
If a vendor does not receive notice of an assignment in writing, does the assignment require the vendor's consent? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
Can a vendor be held liable on a promise not to deliver a parcel to the vendor in spite of the Village Council’s refusal to do so? (Alberta, Canada)