Legally Speaking Mortgage Broker’s Exclusive Contract Unenforceable #396

It’s a rare occasion when one’s expertise is a negative factor influencing a judge’s decision….

Legally Speaking Partition of Property Act – When Friendship Turns to Enmity #395

Two couples who were close friends jointly purchased a Gulf Islands cottage, each taking a one-half interest in the property…

Legally Speaking Compensation for Loss of Commission Under a List Back Agreement #391

Legally Speaking 62 and 162 discuss cases involving paragraph 8 of the Multiple Listing Contract…

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 Small Claims Court Actions – Three Cases Against REALTORS® for Breaches of Duty #368

The Small Claims Act is intended to encourage the just, speedy, inexpensive and simple resolution of claims less than $10,000…

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 Commission Claims Made in Small Claims Court #275

The increase several years ago of Small Claims Court monetary jurisdiction to $10,000, opened the door for a number of licensees to sue for payment of a commission which they might otherwise have chosen…

Legally Speaking Commissions Small Claims Court #208

The increase in the Small Claims Court jurisdiction to $10,000 has resulted in more cases of some complexity being tried in that court because the process…