Marianne Brimmell

Define Your Professional Development with Self-Directed Learning

One of the recent changes to the Professional Development Program (PDP) is the introduction of self-directed learning. Watch this video from BCREA and boards to find out what self-directed learning means for you! [iframe width=”560″ height=”315″ src=”” frameborder=”0″ allowfullscreen style=”position:absolute;top:0;left:0;width:100%;height:100%;” ][/iframe] You can find answers to the most frequently asked questions about self-directed learning here

BCREA Submits Recommendations for New Regulator

On December 16, 2019, BCREA submitted 18 recommendations to Minister of Finance Carole James to help guide the government as they work towards a new regulatory structure for real estate professionals. This follows Minister James’s announcement in November that the Office of the Superintendent of Real Estate (OSRE), which currently oversees the Real Estate Council

Reporting Your Professional Development Program Hours

The transition to the new Professional Development Program (PDP) framework is just around the corner! As of January 1, you’ll report any PDP hours you’ve acquired from learning opportunities outside of your board – whether accredited or self-directed – to your primary member board. As the reporting process looks slightly different at each board, your

BCREA Launches Privacy Notice and Consent Form Video for Consumers

The British Columbia Real Estate Association (BCREA) has created a new video to help consumers better understand the Privacy Notice and Consent form, and how REALTORS® protect consumer privacy and personal information during and after real estate transactions. You can show this video to consumers when discussing the Privacy Notice and Consent form, or at

Self-Directed Learning: Coming to the PDP January 1!

Self-directed learning will be introduced to the Professional Development Program (PDP) on January 1, 2020. To find out more about self-directed learning and how it fits into the PDP, click here. Below, we’ve answered five of the most frequently asked questions about self-directed learning: 1. I am taking a learning opportunity in 2019 that meets

Title Insurance #442

Legally Speaking

By Jennifer Clee Occasionally, claims are reported to the Real Estate Errors and Omissions Insurance Corporation (REEOIC) involving complaints by buyers against licensees which might not have been made if those buyers had bought title insurance. Title insurance is an insurance policy provided by title insurance companies that protects residential or commercial property owners and/or

Measuring Commercial Premises #441

Legally Speaking

A recent case confirms that when listing a commercial property, a licensee should break down the rentable area of each floor.1 The property was a building in Kamloops consisting of a main floor and mezzanine.2 On April 16, 2004 the licensee’s brokerage listed the property for sale. The buyer was a corporation in the business of purchasing and

Collapsed Sale — Remarketing and Reasonable Mitigation #440

Legally Speaking

By Edward L. Wilson The falling market of 2008 saw a number of buyers refusing or unable to complete their purchases and sellers were often electing to terminate their contracts, relist and sell their property. Sellers then often sued the defaulting buyer for damages, being the difference between the original sales price and the ultimate

Limited Dual Agency and the BC Court of Appeal #439

Legally Speaking

In 2008, a BC Supreme Court decision awarded damages against a REALTOR® for breach of fiduciary duty when acting as a limited dual agent.1 The REALTOR®, while selling his own property to a client, entered into a Limited Dual Agency Agreement as well having the buyer execute an Addendum to the Contract of Purchase and Sale

Being Sued is No Fun! #438

Legally Speaking

By Jennifer Clee We all know that being sued for allegedly failing to fulfill legal and/or professional responsibilities can be traumatic, but it can also be time consuming and consequently, expensive. A recent decision of our Provincial Court illustrates how legal proceedings involving relatively straightforward legal issues can morph into protracted and strenuous battles.1 The

Collecting An Unpaid Deposit #437

Legally Speaking

If a buyer defaults before a deposit is fully paid, can the seller terminate the Contract of Purchase and Sale and successfully sue for the unpaid deposit money? It depends on the contract. In Agosti v. Winter1, a standard form Contract of Purchase and Sale2 required a $10,000 deposit, “upon subject removal.” No other deposit requirements were

Strata Property Act – Changes to Rental Restrictions Rules #436

Legally Speaking

By Edward L. Wilson Since its adoption, the Strata Property Act has permitted residential strata corporations to adopt rental restriction bylaws. With the adoption of the Strata Property Amendment Act (SPAA), important changes to rental restrictions for new strata developments came into force as of January 1, 2010. Rental Disclosure Statements Developers of residential strata lots have long been

When an exclusion clause is not exclusionary #435

Legally Speaking

In a recent decision, the purchasers of a residential home were awarded over $160,000 in damages from their home inspector for negligence arising out of a pre-purchase inspection.1 That negligence was found was not particularly unusual, but the treatment by the Court of the home inspector’s contract is enlightening. The Court found that the home inspector

Ground water regulations and licensees standard of care #388

Legally Speaking

By Gerry NeelyB.A. LL.B. A recent Ontario decision involving a salty well demonstrates the importance of BC real estate licensees advising their clients of the legal requirements associated with the purchase of property containing wells, once BC’s new Ground Water Protection Regulation comes into force on November 1, 2005. See the August 2005 issue of The Bulletin for more

Modification of an easement agreement #385

Legally Speaking

By Gerry NeelyB.A. LL.B. When is an easement not an easement? “When the rights granted by it detract so substantially from the rights of the servient owner that it must be something other than an easement.” This quote is from the reasons for judgment interpreting an easement agreement granting access over Lot 3 (the servient