Legally Speaking Property Condition Disclosure Statement – Licensee's Liability for Failure to Deliver and Obtain #281

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…

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 Condominium Act – Loss of Owner’s Right to Vote; Contract of Purchase and Sale – Paragraph 9 Exclusions of Representations, Etc. #268

Section 125(6) of the Condominium Act states that except where a unanimous resolution is required, an owner is not entitled to vote at a general meeting, unless all contributions payable for the owner’s strata…

Legally Speaking Fraudulent Misrepresentation Made Against Sellers #238

The Property Condition Disclosure Statement, was the basis for proof of a claim of fraudulent misrepresentation made against sellers, by buyers, when…

Legally Speaking Property Condition Disclosure Statement, in writing or not? #230

According to the Property Condition Disclosure Statement, the questions and answers within it become part of the Contract of Purchase and Sale…

Legally Speaking Protection for a Licensee #199

The benefit of the Property Condition Disclosure Statement in avoiding or minimizing a licensees liability is illustrated by a case in which the vendors tried to shift, to a licensee, their liability for…

Legally Speaking Property Condition Disclosure Statement #179

The decision of the British Columbia Real Estate Association to provide a Property Condition Disclosure Statement to be completed voluntarily by owners should be welcomed by licensees…