Seller’s agents must be certain that they are dealing with the person with authority to list and sell the property…
Posts tagged with “Negligence”
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In the many years that I have taught the Legal Update course, most REALTORS® have shown understandable interest in court decisions…
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In a recent case from the BC Provincial Court, the following disclaimer was found ineffective in defending the buyer’s claim that the…
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Could a licensee be held liable for the poor performance or negligence of another professional such as a home inspector…
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Too often this column focuses on a REALTOR®’s error or mistake resulting in the REALTOR®’s censure by either a court or the Real Estate Council of British Columbia…
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Full disclosure and view property take on entirely different meanings when a nude beach is involved. Some buyers might think a nude beach next to their lakefront property is an asset…
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With so many licensees involved in recreational team sports, such as softball, hockey or basketball, the question of the liability of a person who injures another during the course of a game may be of some interest…
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An owner was ordered by a health officer to make repairs to, or replace, a malfunctioning sewage disposal system. Instead, he decided to sell the house and in doing so refrained from disclosing the problem…
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Two decisions illustrate the risk of not using the full name of a company purchasing property, or the failure of a company to be incorporated at the date it received the benefit of an assignment of a contract…
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Small mistakes lead to big problems, which proves yet again that eternal vigilance is the price to be paid to avoid having to check your E. & 0. insurance to see what the deductible is…
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The Land Title Act allows a developer who subdivides a parcel of land into lots to register a statutory building scheme which will be binding upon all purchasers and subsequent owners…
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An Ontario real estate agent who was found by a judge to have negligently measured the area of his client’s commercial property, was still held to be entitled to payment of the commission earned upon the sale…
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The decision of the city of Cranbrook to extend its boundaries led to a lawsuit against the owner of a small vacant lot and the listing and selling agents involved in its sale to a purchaser who found that the bylaws…
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Chutzpah is a Yiddish word meaning “brazen nerve”…
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The answer to this question was given in a 1977 case in which a purchaser was concerned about the soundness of the structure and foundations of an old house he wanted to purchase…
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Column 125 discussed how a mortgagor may be able to limit liability under the personal covenant of the mortgagee, upon the sale by the mortgagor…
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An unconditional offer from a purchaser flush with funds is as welcome as the first spring day in Dawson Creek and as rare as a double-ended commission…
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Financial institutions often demonstrate a casual if not contemptuous disregard for requests for pay-out statements or delivery of an executed discharge of a mortgage…
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A month later Adam and Nester were back in Noel’s office, this time with a letter from the vendor’s lawyer. The letter contained a consent…
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John and Joan were looking for revenue property which they found in 1980 thirteen miles east of Smithers Iying between the Yellowhead Highway…
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A case involving an assault upon a tenant will be of interest not only to property managers and owners of rental properties, but perhaps also to Strata Corporations…
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The recently distributed Bulletin referred to the intention of the Superintendent to provide additional exemptions from the provisions of the Real Estate Act relating to prospectuses…
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A recent case illustrates the liability which may attach to both a limited company and the employee of the limited company, resulting from the actions of the employees…
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The transfer of the postal service to a Crown Corporation may improve relations at the post office, and it may even improve service in the long run…