By Gerry NeelyB.A., LL.B. The Supreme Court of British Columbia is widening the remedies available to purchasers of condominiums against the former owner or the developer, for the recovery of the cost of repairs of damage caused by a lack of maintenance and repair, or for the repair of dangerous defects. A mortgage lender took …
By Gerry NeelyB.A., LL.B. The Property Condition Disclosure Statement, (PCDS), was the basis for proof of a claim of fraudulent misrepresentation made against sellers, by buyers, when the buyers had to pay approximately $4,000 to correct the septic system problems they found when they took possession of the property. The sellers stated in the PCDS …
By Gerry NeelyB.A., LL.B. 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 refusing to complete the sale of the seller’s property to the licensee. An offer was made in the name of a licensee “and assigns” because …