Legally Speaking One Man’s Opinion – A Conversation with the Readers (Part 2) #403

n his final issue as author of Legally Speaking, Gerry continues with his two-part discussion on legal issues in the real estate profession…

Legally Speaking Clause 9, Contract of Purchase and Sale – Seller Unable to Deliver Clear Title, Contract Unenforceable #340

Clause 9 of the Contract of Purchase and Sale continues to be a trap for the unwary licensee (or lawyer), because it is the type of “boilerplate” clause that the eye and mind skip over…

Legally Speaking Title Insurance – Part 3 of 3 #323

Some banks and credit unions are now requiring title insurance for the refinancing of consumer mortgages. This, according to a bank spokesperson…

Legally Speaking Purchase of an Unsubdivided Lot Vendor's Obligation to Co-operate #195

The purchase of part of a lot, which must be subdivided from the parent property before title can be given to the purchaser, either requires a ten page detailed contract of the rights and responsibilities…

Legally Speaking Clause One – Contract of Purchase and Sale; Condominium Bylaw #188

Column #160 discussed a Vancouver case where a purchaser was successful in avoiding the completion of a purchase because the vendor was unable to remove a private easement charging his property for the benefit…

Legally Speaking Appraiser and Real Estate Licensees – Question of Liability #105

John and Joan were looking for revenue property which they found in 1980 thirteen miles east of Smithers Iying between the Yellowhead Highway…

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 Delays in Completion – Wills Variation Act; Seat Belt Legislation #67

Delay in the completion of a sale may arise through the operation of the Wills Variation Act…

Legally Speaking Due Diligence Irrelevant; Time Is of the Essence #36

A number of decisions in the past few years have emphasized the necessity of recognizing the commercial reality which leads to the formation of the agreements entered into in the real estate industry…

Legally Speaking Lease for More Than Three Years – Illegal? #32

The Land Title Act requires a tenant with a long-term lease who wishes to register it, to follow the same procedure as does an owner who wants to divide his land into a number of parcels. Specifically, Section 73…

Legally Speaking State of Title Certificate Would Have Avoided Award of Excessive Damages #28

One conclusion to be drawn from a recent decision of the Chief Justice of the Supreme Court of British Columbia is that a search of title or the purchase of a $3.00 State of Title Certificate would have avoided an…

Legally Speaking Land Title Office Records and the Highways Act #27

A purchaser entered into an agreement for the purchase of land adjoining the highway which, according to his search of title in the Land Title Office, was of a certain area. Subsequent to the completion of the…