Legally Speaking Under the Covers (of Snow) – Winter Real Estate Transaction Considerations #569

Real estate deals occur around the clock throughout the year. Yet, when transactions take place in the winter, both buyers and sellers, along with their REALTORS®, need to think about a few extra things.

Legally Speaking When Disaster Strikes #490

What happens when a property is damaged by fire before completion? A buyer’s options will depend upon a myriad of factors including the law, facts, contract terms and the parties’ conduct.

Legally Speaking Buyers Must Beware #465

A recent Provincial Court decision was an excellent example of how BC higher court judgments are applied to the factual problems that arise between buyers and sellers…

Legally Speaking Fire Damage Before Closing – Rights and Responsibilities of Buyer and Seller; Easement With or Without Motor Vehicles – No Parking on Easement Area #350

When a fire destroyed or damaged a house before the completion date for its sale, at common law the buyer had to complete the purchase and pay the contract price, unless the contract…

Legally Speaking Shopping Centre Lease – Injunction to Prevent Landlord from Demolishing Mall; Appraiser’s Failure to Red Flag Inexact Comparables was Negligent #345

The arrival of the “big box power centres” should lead owners or property managers of existing, enclosed mall shopping centres to reexamine their…

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 Listing Licensees Duties to Provide True Market Value; The Cancellation of a Listing Cancels the Holdover Clause #279

The extent of a licensee’s duty to provide market value for property a licensee knows he will list for sale, was discussed in a case where a lakefront lot, which was listed for sale at $35,000, was purchased…

Legally Speaking Lease – Renewal, No Renewal Agreement, Initial Lease Terms Binding Upon Tenant; Operating Expenses Not Defined and Therefore Uncertain; UFFI – Damages for Breach of Warranty #278

The omission of wording in a lease renewal clause that the renewal would be void if the parties were unable to agree upon the renewal terms, led to some surprising results, at least for the tenant…

Legally Speaking Fire Damage Before Completion Date – Doctrine of Frustration #233

What is the position of the parties to a Contract of Purchase and Sale when fire damages or destroys the building, which is the subject matter of the contract…

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 Property Condition Disclosure Statement, the First (?) Court Decision #219

An owner of a house who was prepared to take a lower price because of its condition, rather than repair it, signed a Property Condition Disclosure Statement…

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 Reasons for Judgement on Another Offer #173

The Court of Appeal has handed down reasons for judgment on another offer or option case. This one concerned an offer to purchase containing conditions which required the vendor to deliver copies of leases…

Legally Speaking Nuisance and the Limitation Act #169

Noise, vibrations, odors, overhanging trees and underground roots, pollution of air or water, obstruction of highways or navigable waters or access, flooding and depriving land of support…