BCREA Launches Disclosures in Real Estate Course
BCREA’s new online Disclosures in Real Estate (DIRE) course can help you better understand the scope of your disclosure obligations.
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Strata Property Act—Common Expenses, Issue Between Non-Sectioned Apartment and Townhome Units; Strata Property Act—Undisclosed Strata Council Conflict of Interest #392
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 …
Licensee’s Duty to Know Effect of Municipal or Other Governmental Land Use Laws #380
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 …
Legally Speaking 371 – Hardwood Flooring Bylaws Revisited; Paragraphs 8 and 14 of the Contract of Purchase and Sale #374
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 …
Commission Claims – Agent and Not Licensee Must Sue Under s.43 of the Real Estate Act; Importance of a Written Record #372
By Gerry NeelyB.A. LL.B. A false start raised several expensive obstacles for a licensee who sued for payment of a commission. The commission agreement was made by letter from the licensee’s client, a limited company, addressed to the licensee and his agent. It agreed to pay a commission to the licensee personally, if a binding …
Strata Corporation Bylaws and Human Rights Code – Approval Requirement for Installation of Wood Flooring Unenforceable #371
By Gerry NeelyB.A. LL.B. A licensee’s client took title to a unit with a floating wood floor, in a strata corporation whose bylaws required strata council approval before installation. Neither the licensee nor his client knew the previous owner had not applied for permission until after closing. It had not occurred to them to ask …