Sharon Brown

What’s Up (With the) Dock? #479

Legally Speaking

By Jennifer CleeB.A. LL.B. Waterfront properties with private docks are looking attractive at this time of the year, particularly with the weather we’ve been enjoying this summer. Licensees involved in the sale of such properties need to be aware of, and inform their clients of, the possibility that any dock or other structures built upon

Environmental Liability #478

Legally Speaking

In Dolinsky v. Wingfield, oil from a leaky underground tank contaminated the property next door.1 When the affected property’s owner sued to recover clean-up costs, the court held several current and former owners of the source property liable. In this case, the properties were adjacent, with Ms. Dolinsky’s property downhill. Further downhill, beneath both properties, lay the

Old Is Not Necessarily Obsolete #480

Legally Speaking

On occasion, buyers become interested in properties that are subject to historical easements, some over one hundred years old. The Property Law Act provides that a court may cancel an easement where the easement is “obsolete.”  Some buyers, and occasionally their advisors, assume that anything old must, for that reason alone, be obsolete and proceed

Defects, Disclosure and Caveat Emptor #430

Legally Speaking

By Jennifer CleeB.A., LL.B. It’s trite law that a seller and a listing REALTOR® have a duty to disclose known material latent defects, but not patent defects. Sometimes the distinction as to what constitutes a patent defect or a latent defect isn’t clear. Take a sump pump in the crawl space, for instance. Is it

Drafting a Listing Exclusion #429

Legally Speaking

A listing contract may say that no commission is payable in certain circumstances; for instance, if the buyer is a certain person. Since the particular circumstances are excluded from those that attract commission, this arrangement is often called a listing exclusion. There is no standard wording for a listing exclusion. If the listing brokerage and seller

Representations Regarding Property Boundaries #428

Legally Speaking

By Edward L. Wilson Lawson Lundell LLP A REALTOR® should always take care when making any representation about the boundaries of a parcel of land. The location of buildings, fencing, landscaping, sidewalks and roads are often misleading indicators of a property’s true boundaries.  In a recent decision,1 the court considered a case where the buyers, in

Limited Dual Agency Can Still be a Risky Business #427

Legally Speaking

A recent BC Supreme Court decision awarded damages against a REALTOR® for breach of fiduciary duty while acting as a limited dual agent.1 The relationship between the plaintiff and the REALTOR® first began in 2005 when the plaintiff answered a newspaper ad concerning the sale of a property listed by the REALTOR®. The plaintiff, who was

Human Rights Code Complaint Against Licensee by Another Licensee; Minor Defect in Comparison With Larger Contract Benefit Didn’t Justify Repudiation #401

Legally Speaking

By Gerry NeelyB.A. LL.B. “Don’t shoot the messenger”—this must have been the reaction of a licensee against whom two complaints of discrimination under the Human Rights Code were made by another licensee. The first was discrimination on the basis of family status with respect to a service customarily available to the public under s. 8.

Strata Corporation — Suit by Some Owners Against Strata Council Members Personally; Strata Corporation — Unequal Habitable Areas but Equal Payment of Common Expenses Not Significantly Unfair #400

Legally Speaking

By Gerry NeelyB.A. LL.B. A strata corporation may sue one or more owners as representative of all owners, except those who are being sued, on a matter affecting the common property. It may also sue on behalf of one or more owners about matters affecting their strata lots. In either event, approval by a three-quarters’ majority vote of owners

Townhome and Apartment-Style Strata Units – Significantly Unfair Allocation of Expenses and Section Creation #399

Legally Speaking

By Gerry NeelyB.A. LL.B. Section 164 of the Strata Property Act (SPA) gives the Supreme Court of BC the authority, upon application by a strata owner or tenant, “to prevent or remedy a significantly unfair action or threatened action by, or decision of, the strata corporation, including the council, in relation to the owner or tenant.” The townhome-style owners referred to in column 392

Mortgage Broker’s Exclusive Contract Unenforceable #396

Legally Speaking

By Gerry NeelyB.A. LL.B. It’s a rare occasion when one’s expertise is a negative factor influencing a judge’s decision. That happened to an experienced mortgage broker and his client, an owner of two apartment properties and a REALTOR® for 25 years. The owner advised the broker that he needed to $2.3 million to refinance a

Partition of Property Act – When Friendship Turns to Enmity #395

Legally Speaking

By Gerry NeelyB.A. LL.B. Two couples who were close friends jointly purchased a Gulf Islands cottage, each taking a one-half interest in the property. They disregarded advice to agree on a method of establishing the price of a half-interest if one couple decided to sell their interest and the other couple wanted to keep the property.

Human Rights—Section 8 and Discrimination Regarding Accommodation #394

Legally Speaking

By Gerry NeelyB.A. LL.B. (continued from Legally Speaking 393) The obligation to accommodate the needs of a disabled person was applied in a Nova Scotia case where the complainant sought accommodation in a mobile home park. He could not walk further than 25 feet and used a scooter and wheelchair to move about. He needed a 10

Strata Property Act—Common Expenses, Issue Between Non-Sectioned Apartment and Townhome Units; Strata Property Act—Undisclosed Strata Council Conflict of Interest #392

Legally Speaking

By Gerry NeelyB.A. LL.B. A strata corporation incorporated in 1987 had 36 apartment-style units and eight townhome-style units. The original owners agreed it would be fair to allocate 18 common expenses on a percentage basis between the two styles, based on the extent to which the benefit of an expense was attributable to one or

Compensation for Loss of Commission Under a List Back Agreement #391

Legally Speaking

By Gerry NeelyB.A. LL.B. Legally Speaking 62 and 162 discuss cases involving paragraph 8 of the Multiple Listing Contract, which requires an owner to refer all enquiries and offers for the purchase of the listed property to the listing agent. An owner’s breach of this obligation gives the listing agent the right to damages for loss

More Caveat Emptor, Latent and Patent Examples #384

Legally Speaking

By Gerry NeelyB.A. LL.B. The owners of a house, which was old when they bought it in 1979, sold it in 1994 to buyers who discovered after completion that the kitchen floor sloped 2.5 to five centimetres from one side to the other. The buyers elected not to retain a home inspector, although there were

Caveat Emptor and Seller’s Lack of Knowledge of a Latent Defect #383

Legally Speaking

By Gerry NeelyB.A. LL.B. A Supreme Court judge concluded the following advertisement by a representative for the sale of a lot implied a warranty that the buyer could commence construction of a house without unusual expense or building methods:”0.59 (acre) building site in an area of executive homes. South West view property. Fully serviced lot.

Broker’s Responsibility to Have Office Policies to Help Representatives Deal With Water Problems; Contract to Enter Into a Contract Is Unenforceable #382

Legally Speaking

By Gerry NeelyB.A. LL.B. An Alberta decision about a broker’s failure to establish policies for representatives to deal with known water problems in homes constructed by a developer in a given area reflects the high value of local knowledge. The broker’s problem started when a new licensee, who had never shown a house by herself,

Licensee’s Duty to Know Effect of Municipal or Other Governmental Land Use Laws #380

Legally Speaking

By Gerry NeelyB.A. LL.B. The decision in Legally Speaking 379, that the representative had a duty to know the relationship between the building code and municipal bylaws concerning inspections and permits, is one of several decisions examining circumstances where the representative had a duty to know municipal bylaws. Here are three more examples. A representative advertised that

Goodbye Salespersons, Nominees and Agents; Paragraph 2(f) of the PDS—Building Permits, Licensee’s Standard of Care and Material Latent Defects #379

Legally Speaking

By Gerry NeelyB.A. LL.B. 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 managing brokers and agents as brokerages. * * * A managing broker’s lament about the consequences of a seller who falsely answered

Fixtures or Chattels and the Case of the Missing Vacuum Canister #377

Legally Speaking

By Gerry NeelyB.A. LL.B. An experienced nominee recently related an instance of a buyer’s agent trying to settle a problem for his client by paying for a built-in vacuum canister that the seller intended to take. Since stories like this are common, he suggested revisiting Legally Speaking 247 and 260, and the question of chattels and fixtures.

Paragraph 8 of the Multiple Listing Contract—Seller’s Obligation to Refer Inquires and Offers; Commission Lost, Contingent Upon Giving Written Notice #376

Legally Speaking

By Gerry NeelyB.A. LL.B. Paragraph 8 of the standard Multiple Listing Contract requires the seller to refer and deliver all enquires of offers to purchase the listed property to the listing agent. It can be a lifesaver for a listing agent whose claim for commission would fail because his or her acts didn’t fall within

Building Schemes – Consequences of Failing to Obtain Building Plan Approval #375

Legally Speaking

By Gerry NeelyB.A. LL.B. In carrying out their duties, licensees, lawyers and notaries give their clients copies of titles, registered building schemes and other restrictive covenants and, in doing so, often duplicate them. It’s surprising then to find cases involving restrictive covenants, where buyers must have forgotten their existence or significance, with resulting costly consequences.

Legally Speaking 371 – Hardwood Flooring Bylaws Revisited; Paragraphs 8 and 14 of the Contract of Purchase and Sale #374

Legally Speaking

By Gerry NeelyB.A. LL.B. The message some licensees took from the two cases discussed in Legally Speaking 371 was that a strata corporation can’t enforce a bylaw restricting the installation of hardwood floors. In fact they can, due to s.219 of the Strata Property Act, which allows strata corporations to enact bylaws controlling the use and enjoyment

Caveat Emptor – Buyers’ Due Diligence; s.39 of the Real Estate Act and the Power to Impose a Penalty for Frivolous Lawsuits #369

Legally Speaking

By Gerry NeelyB.A. LL.B. A buyer who bought a waterfront home subsequently sued the listing agency and salesperson in the Victoria small claims court for negligently misrepresenting the garage size and stating that the kitchen cabinetry was made of cherry wood. She complained the garage was not long enough to hold a standard sized car

Commission Claim Lost, Restrictive Contract Wording #339

Legally Speaking

By Gerry NeelyB.A. LL.B. Earning a commission is very much an all or nothing venture. It is made riskier by the court’s strict interpretation of a listing contract to determine whether the acts of an agent who claims a commission, fall within the precise wording of the contract. It is important that an agent not

Streamside Protection Regulation, Continued #338

Legally Speaking

By Gerry NeelyB.A. LL.B. Column 337 ended with formula descriptions for establishing streamside protection areas (also referred to as “leave strips”). The formulas apply to both sides of the stream, so that it is possible to have setbacks as wide as 60 metres. The Streamside Protection Regulation does, however, introduce some flexibility.   Local governments have the authority to

Streamside Protection Regulation – Law on January 19, 2001 (BC Reg. 10/2001) #337

Legally Speaking

By Gerry NeelyB.A. LL.B. Streamside Protection RegulationThe Regulation establishes streamside setbacks that are designed to prevent the deterioration or destruction of the water flow and habitat upon which a healthy fish population depends, or where possible, to restore them. Local governments affected by this Regulation must enact standards before January 2006, in their zoning and

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

Legally Speaking

By Gerry NeelyB.A. LL.B. It should be obvious that licensees cannot purchase property they know their clients want. If licensees are uncertain whether an agency relationship has been created by conduct, they must take all necessary steps to satisfy themselves that the buyers have abandoned their interests in the property, before offering to purchase it.

Finder’s Fee; Unlicensed Person Entitled to Enforce Payment #334

Legally Speaking

By Gerry NeelyB.A. LL.B. A Supreme Court of British Columbia judge decided an individual who was not licensed as an agent or salesperson under the Real Estate Act was entitled to payment of $50,000 for introducing a buyer to property sellers. Since Section 47 of the Act bars a claim for commission or other remuneration for an

A Judge’s Guide to Whim and Fancy, or Best Efforts Clauses; Seller Had to Have Actual Knowledge of Default, Not Deemed Knowledge of Agent, to Be Liable Under Contract; Note Re: Legally Speaking 332 #333

Legally Speaking

By Gerry NeelyB.A. LL.B. In one case, the conditional clause in a Contract of Purchase and Sale required the buyer to satisfy himself as to the tax implications of Canadian/USA/international law upon his purchase of Canadian property. The buyer lived and worked in California, and the purchase monies from an inheritance were to be transferred

Aboriginal Land Development and Sale (Continued) #330

Legally Speaking

By Gerry NeelyB.A. LL.B. The importance of a homeowner’s association was alluded to in Legally Speaking column 329. The association’s role in a development is equivalent to that of a strata corporation. It provides the mechanism through which the owners of leasehold interests in a development, or a phase of a development, govern the administration of their

Aboriginal Land Development and Sale (Continued) #329

Legally Speaking

By Gerry NeelyB.A. LL.B. Column 328 referred to the landlord/tenant relationship resulting from the development of reserve lands. Once all levels of approval have been given, for example, to a residential project, a headlease is created between the federal Minister of Indian and Northern Affairs and a developer, as the tenant. This document provides the

Commission, Receiver/Manager Can’t Be Sued Personally for Sale of Unionized Business, Seller Discharged Employees, Not Liable for Payment Made by Buyer to Settle Grievance #327

Legally Speaking

By Gerry NeelyB.A. LL.B. An agent who is given a listing of real property by a receiver/manager licensed under the Bankruptcy and Insolvency Act can confidently expect to be paid if a buyer contracts during the term of the listing to purchase the property in question and completes the purchase. Unfortunately, the agent with a listing from

Indian Land Development and Sale, Introduction To #328

Legally Speaking

By Gerry NeelyB.A. LL.B. Anyone involved for the first time in the sale of an interest in reserve land will find little that resembles the more usual sale of fee simple land with which we are familiar.  The outright sale of reserve land is a rarity, occurring usually as part of a trade of land, because

Co-Lenders’ Personal Liability for Agent’s Misrepresentation #326

Legally Speaking

By Gerry NeelyB.A. LL.B. Raising financing for a specific project occasionally involves pooling the funds of a number of investors in a mortgage in favour of a limited company which is incorporated and managed by the persons who brought the project to the attention of the investors. An arrangement of this kind is often structured

Strata Property Act, Continued #325

Legally Speaking

By Gerry NeelyB.A. LL.B. An owner-developer now has the opportunity until the first annual general meeting to amend the strata plan to designate parking stalls as limited common property for the use of strata lot owners and, in addition, to designate up to two extra stalls for their use. “Extra” means those stalls set aside

Strata Property Act Regulations #324

Legally Speaking

By Gerry NeelyB.A. LL.B. BCREA published in 1999, a very useful cpe seminar manual, called Strata Property Law for REALTORS, on strata property law and in particular, the Strata Property Act which becomes law on July 1, 2000. This year, regulations to the Act were published which will affect developers, owners and strata councils. The Act requires an owner/developer to

Representation Agreements and Powers of Attorney – Part 1 of 3 #318

Legally Speaking

By Gerry NeelyB.A. LL.B. If a licensee is asked by a third party to list a property, the first response would be to ask to see that person’s authority to act on behalf of the owner. Before the proclamation of the Representation Agreement Act on February 28, 2000, the licensee could have received proof of that person’s

Representation Agreements and Powers of Attorney – Part 2 of 3 #319

Legally Speaking

By Gerry NeelyB.A. LL.B. A representation agreement (RA) will be the principal document used to appoint someone you trust to make your medical, personal care, financial and legal decisions. There are two types of RAs. The first is a simple representation agreement (SRA) which gives the representative the authority to make routine legal and financial

Representation Agreements and Powers of Attorney – Part 3 of 3 #320

Legally Speaking

By Gerry NeelyB.A. LL.B. The contents of the representation agreement are yours to decide. With respect to personal, medical and health care decisions, speak to your family, friends and medical professionals. It is particularly important that you speak with your doctor if you have a chronic medical problem. State whether and under what circumstances you

Condominiums – Leaky – Court Disallowed Fines for Breach of Rental Bylaw; Owners Entitled to a Hearing #316

Legally Speaking

By Gerry NeelyB.A. LL.B. Two strata owners, who were faced with a rental bylaw limitation, rented their condominium to their adult children without seeking permission from the strata corporation. At various times over several years, permission to rent was denied, then given, and then denied. The owners tried unsuccessfully, in a poor market, to sell

Negligence – on the Base Path – Play Ball (Carefully) #315

Legally Speaking

By Gerry NeelyB.A. LL.B. With so many licensees involved in recreational team sports, such as softball, hockey or basketball, the question of the liability of a person who injures another during the course of a game may be of some interest. This was discussed in a BC Court of Appeal decision of a softball game.

Interest – The Criminal Illegal Rate #151

Legally Speaking

By Gerry NeelyB.A. LL.B. In times like these we might feel that high interest rates are a crime, but they don’t become a crime under the Criminal Code of Canada until the effective annual rate exceeds 60%. Since a rate of 59% per annum baldly stated in a loan agreement would make even the most

Principal Residence – Calculations and Exemptions #147

Legally Speaking

By Gerry NeelyB.A. LL.B. A taxpayer bought a home and occupied it as his principal residence for 18 months and then rented one-third of it for 46 months. He then sold the home for a gain of $52,000, which the Minister of National Revenue (MNR) taxed as a capital gain. The taxpayer appealed successfully and

Encroaching Buildings or Fences – Property Law Act, Section 32 #143

Legally Speaking

By Gerry NeelyB.A. LL.B. If someone offers to bet on favourable odds to you that he can subdivide a parcel of land and register title to part of it in his name without ploughing through the usual subdivision process with all of its approval requirements, don’t take the bet. The reason-Section 32 of the Properly Law

Reference: Children – Prohibitions Against Residing in a Building #144

Legally Speaking

By Gerry NeelyB.A. LL.B. The tight rental market in Victoria and the lower mainland has made it difficult for families with children to find accommodation, particularly since a number of condominiums and apartment buildings prevent children from residing in them. This has led to a demand for amendments to the Human Rights Act of British Columbia, to

Reference: Condominiums – Noise and Vibration. A Nuisance #142

Legally Speaking

By Gerry NeelyB.A. LL.B. It’s probably just a coincidence that the manufacturers of stereo equipment are packing more noise into a smaller box at a time when more condominiums are being built, and more and more people are living separated only by a common wall. Condominium living has been described by one judge as “a

Reference: The “72” Hour Clause #141

Legally Speaking

By Gerry NeelyB.A. LL.B. The time clause, which may be whatever number of hours the parties agree upon, is a useful tool for negotiating conditional offers but it can create problems when notice of an acceptable offer made by a second purchaser cannot be delivered promptly to the first purchaser. The first reported case of

Negligence of House Inspector: Licensee’s Liability #140

Legally Speaking

By Gerry NeelyB.A. LL.B The answer to this question was given in a 1977 case in which a purchaser was concerned about the soundness of the structure and foundations of an old house he wanted to purchase. A salesman employed by the agency which had the listing, recommended to the purchaser a house inspector who

Soil Contaminated Sites #138

Legally Speaking

By Gerry NeelyB.A. LL.B. What do gas stations with underground tanks, sawmills, pulp mills, paint manufacturing shops, dry-cleaners, shipyards, truck parking yards for moving or fuel companies, junkyards, farms and 63 McClure Crescent, Scarborough, Ontario have in common? With the exception of 63 McClure Crescent, each is a potential site for soils contaminated by the

Soil Contaminated Sites [Continued] #139

Legally Speaking

By Gerry NeelyB.A. LL.B. A whole new growth industry is developing of scientists, engineers, law professors, lawyers, columnists, experts and others, around the pollution of the environment and the liability for doing so. An increased awareness by the public of environmental hazards which pose a risk to health, brings an increased risk to licensees who

Garden Removal – Damages; Oral Revocation of a Counteroffer #137

Legally Speaking

By Gerry NeelyB.A. LL.B. A Victoria couple’s love of their garden led them to take it with them when they moved. Its absence was not noticed at first by the purchasers, who had taken possession on a dreary rainy January day. However when the weather cleared, as it occasionally does in Victoria, the pockmarked shrubless

Surveyors – Minimum Fees and Survey Certificates #136

Legally Speaking

By Gerry NeelyB.A. LL.B. The Corporation of Land Surveyors of the Province of British Columbia performs a valuable service for all of us and, until recently, at a price fixed by a mandatory minimum tariff. This they were able to do without fear of the Competition Act, because the Land Surveyors Act gave the Corporation power in the

The Stakeholder Provisions of Section 48 of the Real Estate Act, and the Method of Dealing With a Deposit Where There Is a Dispute Between Parties #135

Legally Speaking

By Gerry NeelyB.A. LL.B. The stakeholder provisions of Section 48. of the Real Estate Act are so well known to agents that the disposition of the deposit where there is a dispute between the parties is routinely dealt with. A recent decision supports a reexamination of part of the method suggested on page D-15 of the Professional

Tax Deductibility of a Real Estate Training Course #133

Legally Speaking

By Gerry NeelyB.A. LL.B. A real estate salesperson in Ontario paid $525 in 1985 to attend a four-day course “List More – Sell More,” which she found to be useful in increasing her commission income. Her deduction of this amount on her tax return was disallowed and she appealed. Her grounds of appeal were that

New Home Contract – Damages for Incomplete or Deficient Work, and for Stress #132

Legally Speaking

By Gerry NeelyB.A. LL.B. The plans were for a home with unusual design features to be constructed by a competent contractor experienced in the construction of standard design homes only. The home was to be built for a demanding client who expected very “high” quality workmanship from a contractor who intended to provide “good” quality workmanship. Cost was a

Property Purchase Tax Act and Other Odds and Sods #104

Legally Speaking

By Gerry NeelyB.A. LL.B. The Property Purchase Tax Act, although it has only received first reading, is here to stay. The amendments to the Bill published in the Orders of the Day of May 19, 1987, primarily remove ambiguities from the Bill as originally drafted. They do remove the original perceived inequities that would have

Disclaimer Clause; Joint Tenancy Risk #102

Legally Speaking

By Gerry NeelyB.A. LL.B. “Above information is from sources believed to be reliable, but should not be relied upon without verification. N.R.S. assumes no responsibility for its accuracy.” This clause, at the foot of a page in an N.R.S. catalog containing listing information of a property available for sale, proved to be quite valuable in

Interest Clauses – Uncertain and Unenforceable #100

Legally Speaking

By Gerry NeelyB.A. LL.B. What do the following three clauses have in common? “Vendors to carry $90,000.00 by way of a first mortgage payable at $950.00 per month, principal and 12% interest included with a three-year interest adjustment clause. This mortgage to be open and purchaser to have privilege to pay out in full or

Tenancies, Subject to Existing #101

Legally Speaking

By Gerry NeelyB.A. LL.B. Lower interest rates have helped fuel a sharp increase in demand for properties in Victoria and the Lower Mainland, and I trust, throughout the Province. The increased demand has led to fewer listings and that will result in increased prices if demand continues. No one now anticipates that this increased demand

Mortgagee Entitled to Six Month’s Interest in Lieu of Notice #99

Legally Speaking

By Gerry NeelyB.A. LL.B. Mary borrowed $100,000.00 from Joe in August, 1983, which she agreed to pay with interest at 11% in monthly installments over a period of one year. This amount was secured by a mortgage and, when Mary’s payments fell into arrears, Joe commenced a foreclosure action. The action was settled by Joe’s agreement

Condominium Act, Municipal Act, Social Service Tax Act #98

Legally Speaking

By Gerry NeelyB.A. LL.B. These three Acts proclaimed by the Legislature in Victoria may contain a number of booby traps waiting to explode in the face of the unwary, but each contains at least one. Anyone purchasing a condominium knows that the legal description includes an interest in the common property. And certainly a mortgagee

Capital Gains Tax – Principal Residence #96

Legally Speaking

By Gerry NeelyB.A. LL.B. Following the death of a woman in 1982 who lived on a parcel of land of 6.09 acres, the Department of National Revenue assessed a taxable capital gain of $202,800.00 on the deemed disposition of the property. This assessment was based upon the Department’s contention that only one acre was necessary

Interest Calculation #95

Legally Speaking

By Gerry NeelyB.A. LL.B. Have you ever had a vague suspicion that the interest quoted to you on the pay-out of a loan was higher than it should be? However, your suspicions were lulled by the delivery by the mortgagee of an amortization schedule showing in detail the amount of interest charged to you over

Commissions, Garnishees and Interest #97

Legally Speaking

By Gerry NeelyB.A. LL.B. Before weave the memory of 1986 too far behind, some questions have been asked concerning several of the 1986 Legally Speaking columns. Column 90 discussed a case where an agent was unable to collect a commission where a purchaser had defaulted, and the listing contract omitted to state what the vendor’s obligation would

Leases #93

Legally Speaking

By Gerry NeelyB.A. LL.B. Unless you are a property manager and actively involved in residential leases, the oddities of the Residential Tenancies Act, once known to you, may now be forgotten. This could apply particularly to a fixed term house lease, say of 12 months which as everyone knows, automatically expires at the end of the

Commission – Solicitor’s Liability for Payment; Garnishee Orders #92

Legally Speaking

By Gerry NeelyB.A. LL.B. The decision of an Ontario District Court Judge is good news for licensees but bad news for solicitors who are too dutiful in carrying out their clients’ instructions. A vendor had accepted an offer containing in the standard form of offer to purchase the following words: “the undersigned accepts the above

Marketing – Another Product? #91

Legally Speaking

By Gerry NeelyB.A. LL.B. For some years Victoria has had double the average population of Canadians over the age of 65 years, the result, of course, of its incomparable beauty and moderate climate. Over the next 30 to 40 years, Canada overall is expected to see a doubling of its population over this age. New

Commission – Purchaser’s Default #90

Legally Speaking

By Gerry NeelyB.A. LL.B. You have a listing agreement with a vendor, a binding contract of sale is signed but the sale collapses because of the vendor’s refusal to complete. The Courts will enforce your claim for commission even though the listing contract does not specifically state what your rights are where the vendor is

Back-Up Offers #89

Legally Speaking

By Gerry NeelyB.A. LL.B. A vendor’s decision to take a back-up offer can be risky to the vendor’s financial health, as will be apparent from your review of the following facts. An agent brought to an owner on November 8, 1983, an offer to purchase the owner’s property for 54,550,000.00, calling for a deposit of

Water Licenses #87

Legally Speaking

By Gerry NeelyB.A. LL.B. The Water Management Branch of the Ministry of Environment has advised BCREA that of the 37,500 active water licenses in the Province, a significant number are in arrears and subject to cancellation. The investigation carried out by the Branch reveals that many purchasers were not advised that a water license existed

Locked-in Mortgage – No right to prepay #84

Legally Speaking

By Gerry NeelyB.A. LL.B. There must still be some high interest mortgages in force because I have received several calls from licensees asking for an update of columns 38 and 39 in which the question of whether or not a locked-in mortgage could be prepaid before maturity was discussed. As you will recall, the opportunity