Legally Speaking Enforce Your Rights, or Lose Them #542

A recent decision out of the Ontario Court of Appeal has confirmed that an innocent party to a real estate transaction must enforce their rights when the defaulting party repudiates a real estate contract.

Legally Speaking When Disaster Strikes #490

What happens when a property is damaged by fire before completion? A buyer’s options will depend upon a myriad of factors including the law, facts, contract terms and the parties’ conduct.

Legally Speaking Owner-Builders Liable For Poor Construction #489

Since the last Legally Speaking on this topic,1 the Supreme Court of British Columbia has awarded significant damages against two owner-builders for poor construction…

Legally Speaking A Developer Must Disclose All Amendments to a Disclosure Statement #431

An anticipated result of the current economic situation has been in increase in litigation concerning condominium unit pre-sales…

Legally Speaking Property Law Act, s.6—Seller Must Have Title to Sue; Commission Case—No Breach of Fiduciary Duty #373

A couple who agreed to purchase a yet-to-be-constructed condominium from a developer repudiated the agreement after it was built because their complaints could not be resolved…

Legally Speaking Contract of Purchase and Sale – Clause 18 #344

I understand it is the standard practice of a licensee to explain the significance of the Contract of Purchase and Sale terms to the parties to it, before it is signed…

Legally Speaking Aboriginal Land Development and Sale (Continued) #329

Column 328 referred to the landlord/tenant relationship resulting from the development of reserve lands…

Legally Speaking Strata Property Act, Continued #325

An owner-developer now has the opportunity until the first annual general meeting to amend the strata plan to designate parking stalls as limited common property for the use of strata lot owners and, in addition, to…

Legally Speaking Strata Property Act Regulations #324

BCREA published in 1999, a very useful cpe seminar manual, called Strata Property Law for REALTORS, on strata property law and in particular, the Strata Property Act which becomes law on July 1, 2000…

Legally Speaking Listing Contract – Cancellation and Relisting; Discharge – Ministry Of Highways – Attempt to Reserve Property for Future Highway Use #280

Column #279 discussed the cancellation of a listing, which cancelled the holdover clause and the practice of cancelling an MLSO listing of property, which has been on the market for a number of days to give…

Legally Speaking Substantial Instead of Minor Changes to the Condominium Plan; Disclosure Statement – Failure to File Amendment, Material False Statement in the Budget #269

Since many developers are now pre-selling before there is a hole in the ground, their presentations to prospective buyers can only be based upon models, plans and sales brochures portraying the merits of the…

Legally Speaking Standard Form Contract of Purchase and Sale – Interpretations #108

“Subject to a first mortgage being made available to the Purchaser by July 31, 1987, etc. . . “. Is the word “by” the equivalent of “prior to” or…

Legally Speaking Prospectus, Disclosure Statement and Other Changes #83

More than you ever wanted to know about this subject, but were afraid to ask…

Legally Speaking Prospectus and Court Ordered Sales #80

By the time this is published, we hope that Bill 66, The Real Estate Amendment Act (No. 2) 1985,* has been proclaimed…

Legally Speaking Restrictive Covenants – Cancellation or Modification #76

It’s been a hot summer and not just in the forests. The stack of listings you had in June have sold, disappearing as rapidly as pancakes at a loggers’ breakfast…

Legally Speaking Commission – Open Listing #73

An open listing given by the owner of property in the fall of 1982 to half a dozen agents – the introduction of the eventual purchaser by a licensee who is not one of the half dozen – a signed agreement by the owner…

Legally Speaking Issues for Developers, Easements and Subdivision Plans #11

You own seventeen acres of vacant land in West Vancouver for which you have obtained approval of a plan of subdivision which requires the dedication of a road along the northern boundary of your property…

Legally Speaking “Best Efforts” Cases #9

Very occasionally a prospective purchaser for whom an offer to purchase is being prepared, asks for the insertion of a condition in the agreement such as “subject to financing…” because he is not entirely certain…