Legally Speaking Caveat Emptor and Seller’s Lack of Knowledge of a Latent Defect #383

A Supreme Court judge concluded the following advertisement by a representative for the sale of a lot implied a warranty that the buyer could commence construction of a house without unusual expense or building…

Legally Speaking Commission Claims – Agent and Not Licensee Must Sue Under s.43 of the Real Estate Act; Importance of a Written Record #372

A false start raised several expensive obstacles for a licensee who sued for payment of a commission…

Legally Speaking Caveat Emptor – Buyers’ Due Diligence; s.39 of the Real Estate Act and the Power to Impose a Penalty for Frivolous Lawsuits #369

A buyer who bought a waterfront home subsequently sued the listing agency and salesperson in the Victoria small claims court for negligently misrepresenting the garage size and stating that the kitchen cabinetry was…

Legally Speaking Workers Compensation Act – The Test for Whether a Salesperson Is an Independent Contractor or Worker #342

Earlier this year, the British Columbia Real Estate Association (BCREA) circulated a decision made at a hearing by a panel of the appeal division under the Workers Compensation Act.

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 Commission Trust Between Independent Contractor and Agent, Validity & Personal Property Security Act Involvement #266

An investment made by BCREA and the Victoria Real Estate Board, of legal fees towards the cost of a claim made by a Victoria licensee, that payment of her commission had priority over the receiver/manager…

Legally Speaking Real Estate Council Lack of Jurisdiction #258

Section 20 of the Real Estate Act gives the Real Estate Council the power to conduct an inquiry into a complaint, under regulation 9.12, that a licensee has been negligent or incompetent…

Legally Speaking Sale of 100% the Shares of a Company Owning Real Estate Within the Definition of Real Estate “Employee” #241

A 1981 decision of a judge of the Supreme Court of British Columbia goes some distance towards answering the question of whether licensees can sell the shares of a company which own real estate…

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 Real Estate Act Section 28 – Disclosure by Licensee #237

Not every listing contract creates a fiduciary relationship, nor does every imperfectly completed Section 28 disclosure by a licensee give a seller a legal basis for…

Legally Speaking Commission Upon the Sale of "An Insolvent Property" #232

The case referred to in Column #231, which discussed the loss of a commission payable by an insolvent owner of property valued at less than the total amount of mortgages…

Legally Speaking Independent Contractor Status v. Employee Status #227

As most licensees must be aware, while the Supreme Court of British Columbia has held in three cases that under the Real Estate Act a salesperson can only be an employee of an agent…

Legally Speaking Residential Tenancy Act #225

Landlords will have to be as quick off the starting blocks as Linford Christie, in the 100 meters at the Commonwealth games, if they are to retain the benefit of a security deposit for unpaid rent or damages owed…

Legally Speaking No Duty of Loyalty Owed Agent by Independent Contractor Salespersons #217

A licensed salesperson found a parcel of land for purchasers, who as joint venturers intended to build residential strata units upon it…

Legally Speaking Mutual Rights of Way Continued #207

What are Rowan’s rights as the owner of land over which there is a common driveway, shared with the adjoining neighbor Martin, where Martin has an obligation to repair, but fails to do so?…

Legally Speaking Removing Fixtures; Whim or Fancy #205

If section 441 of the Criminal Code of Canada were better known to tenants, less of them might trash rented premises. This section makes it an offense, punishable upon conviction for up to five years imprisonment…

Legally Speaking A Potpourri of Trivial Tidbits #183

In the tradition of the wisdom of Solomon is a case involving an owner who in the course of excavating for a house foundation, damaged the roots of a tree standing on the boundary line…

Legally Speaking Conduct of Sales Proceedings #182

An exclusive conduct of sale given in court ordered proceedings for the sale of property is normally limited to a stated period of time and usually gives the person with conduct of sale the right to…

Legally Speaking Bankruptcy of an Agent #177

There have been fortunately, very few bankruptcies among real estate agencies in British Columbia, but when they do occur, they have unpleasant consequences for salespersons sharing in commissions paid to…

Legally Speaking Amended Disclosure Statement – Rescission Rights #171

A judge of the Supreme Court of British Columbia has interpreted the rescission rights contained in Part II of the Real Estate Act…

Legally Speaking Relief from Forfeiture #166

Another deposit returned to a purchaser who was in default, but this time it was because the vendor benefitted from the purchaser’s breach of contract…

Legally Speaking Partnership – For Better or for Worse #150

When several people agree to buy property in their names with the intention of developing it for resale at a profit, but without any further agreement or discussion of what the legal relationship among them is to be…

Legally Speaking Appraisers – Renewal, Lease, Date for Valuation of Rent; Property Managers – Doing Business in Washington State #146

Any well drawn commercial lease containing an option to renew at a rent to be agreed upon during the renewal term either provides a formula by which the rent can be calculated, or provides that the rent will be fixed…

Legally Speaking Section 36 of the Real Estate Act; Backup Offer, appeal of (Col. 89) #127

This Section prevents a licensee from retaining a commission which is based upon the difference between the price at which real estate is listed for sale, and…

Legally Speaking Fiduciary Duty Owed by Agent to Principal – When Does it End? #117

On January 15, 1988, you put on MLS a listing expiring April 14, 1988, for the sale of a commercially zoned corner lot at a price of $360,000.00…

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 Commissions – Listing Agreements for Court Ordered Sales #82

A recent decision in an action which is likely to go on for some time involves an owner of a foreclosed property that was sold by Court Order, who has sued the lawyer who was advising him throughout the foreclosure…

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 Section 30 Real Estate Act #78

This is the section that prohibits payment of any commission or other compensation to any unlicensed person for “acting or attempting or assuming to act, as an agent or salesman…

Legally Speaking Legal Advice – The Pitfalls of Giving #59

Adam entered his solicitor’s office with a writ in his hand and an expression on his face which his solicitor, as Adam’s old golfing partner, recognized…