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.
Posts tagged with “Property Disclosure Statement”
Legally Speaking Under the Covers (of Snow) – Winter Real Estate Transaction Considerations #569 
New REALTORS New Video Explains Seller’s Disclosure of Material Latent Defects Form to Clients 
BCREA has created a new video for REALTORS® to share with their clients to help explain the Seller’s Disclosure of Material Latent Defects form.
Legally Speaking Four or More? Practice Tips for Transactions Involving Cannabis Properties #534 
While households can legally have up to four cannabis plants each, with exceptions made for those who have a license to grow medical cannabis, questions remain about the duties of real estate agents in transactions…
Legally Speaking Pitfalls in Transactions Involving Strata Condominiums #516
A recent Civil Resolution Tribunal decision highlights some important practice points for licensees in transactions involving strata…
Legally Speaking Death at a Property Revisited #514 
In 2007, a man was murdered outside the gates of his Shaughnessy home. The murder, described by the police as a targeted killing…
Legally Speaking Death at a Property #502 
If someone dies at a property, is the death a material latent defect that must be disclosed in writing to all other parties before entering…
Legally Speaking Failure To Disclose Proves Costly #498
In the summer of 2012, a seller was advised by his neighbour that environmental consultants were inspecting…
Legally Speaking Property Disclosure Statement Tips #483
The BC Court of Appeal recently decided Nixon v. MacIver, the court’s newest Property Disclosure Statement…
Legally Speaking Environmental Liability #478
In Dolinsky v. Wingfield, oil from a leaky underground tank contaminated the property next door…
Legally Speaking Caveat Emptor Does Not Always Protect The Seller #477
In a recent case, the plaintiff offered to purchase a property “subject to inspection…
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 Buyers’ Due Diligence Obligations #452
There have been a number of recent articles on a seller’s obligation to make full and complete disclosure of all issues respecting property offered for sale…
Legally Speaking What’s in a Name? Engineering Reports and the PDS #449
The recent BC Supreme Court decision of Meslin v. Lee1 considers what constitutes an “engineer’s report” for the purpose of disclosure on the Property Disclosure Statement (PDS)…
Legally Speaking Property Disclosure Statements: Benefit or Burden? #447
The real estate industry is in a furor over the recent decision of the Ontario Court of Appeal in Krawchuk v. Scherbak1; both the sellers and the real estate agent were found liable to the buyer despite disclosing…
Legally Speaking Underground Storage Tanks: A Refresher #434
For properties built before 1957, the presence of an underground oil storage tank (UST) poses significant environmental and financial risk to buyers and sellers…
Legally Speaking A Developer Must Disclose All Amendments to a Disclosure Statement #431
An anticipated result of the current economic situation has been in increase in litigation concerning condominium unit pre-sales…
Legally Speaking Defects, Disclosure and Caveat Emptor #430
It’s trite law that a seller and a listing REALTOR® have a duty to disclose known material latent defects, but not patent defects…
Legally Speaking Full and Honest Answers to PDS Questions #416
Property Disclosure Statements (PDS) have been adopted by real estate boards and associations across Canada, with most being similar to the various PDS provided by BCREA…
Legally Speaking Property Disclosure Statement – Shield or Sword? #406
In the early 1990s, the profession introduced the Property Disclosure Statement, or PDS (formerly, the Property Condition Disclosure Statement)…
Legally Speaking Goodbye Salespersons, Nominees and Agents; Paragraph 2(f) of the PDS—Building Permits, Licensee’s Standard of Care and Material Latent Defects #379
To familiarize ourselves with the name changes for the classification of licensees in the new Real Estate Services Act, Legally Speaking columns from now on will describe salespersons as representatives, nominees as…
Legally Speaking Untruthful Property Disclosure Statement Deceitful #364
Paragraph 18 of the Contract of Purchase and Sale excludes liability for misrepresentations made outside it and the Property Disclosure Statement…
Legally Speaking Contract of Purchase and Sale – Clause 18 #344
I understand it is the standard practice of a licensee to explain the significance of the Contract of Purchase and Sale terms to the parties to it, before it is signed…
Legally Speaking Damages, Licensees’ Purchase of Property Customer Wanted, No Explicit Agency Relationship, Fiduciary Duty; Leaky Condo, Buyer Acted Unreasonably in Relying Upon Property Disclosure Statement #336
It should be obvious that licensees cannot purchase property they know their clients want…
Legally Speaking Resort Zoning; Condominiums – Bad Design Equals Refund; Property Disclosure Statement – Section 2M Doesn’t Include Past Infestations #335
Your dream is to buy a vacation home at a resort such as Whistler…
Legally Speaking The Millennium Bug – Will It Y2K-O Us? #299
Between those whose Y2K predictions are of nuclear bombs accidentally detonating, others who say Y2K is nothing but hype by the media and the Y2K specialist consultants…
Legally Speaking Section 28 Disclosure Statement #53
Section 28 of the Real Estate Act was amended in 1981 to widen the requirements for disclosure to be made by a licensee prior to the purchase of real estate by the licensee or his associates…
