Posts tagged with “Negligence”

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Know Your Seller #513

Seller’s agents must be certain that they are dealing with the person with authority to list and sell the property…

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Don’t Forget About Council #511

In the many years that I have taught the Legal Update course, most REALTORS® have shown understandable interest in court decisions…

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Disclaimers Against Reliance: Not Always a Magical Cure #510

In a recent case from the BC Provincial Court, the following disclaimer was found ineffective in defending the buyer’s claim that the…

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Third-Party Recommendations and REALTOR® Liability #504

Could a licensee be held liable for the poor performance or negligence of another professional such as a home inspector…

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Seller’s Remorse Not Rewarded #494

Too often this column focuses on a REALTOR®’s error or mistake resulting in the REALTOR®’s censure by either a court or the Real Estate Council of British Columbia…

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Nude Beach – Disclosure or Not: Latent or Patent Defect?; Limitation Act – 30 Year Limitation Period: Right to Sue Municipality Lost #346

Full disclosure and view property take on entirely different meanings when a nude beach is involved. Some buyers might think a nude beach next to their lakefront property is an asset…

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

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…

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Property Condition Disclosure Statement – Licensee’s Liability for Failure to Deliver and Obtain #281

An owner was ordered by a health officer to make repairs to, or replace, a malfunctioning sewage disposal system. Instead, he decided to sell the house and in doing so refrained from disclosing the problem…

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Contract with Unincorporated Company a Nullity; Unlicensed Person Posing as Licensed; Residential Assessment – Market Value Included Not GST; Cheque Yore Spilling #265

Two decisions illustrate the risk of not using the full name of a company purchasing property, or the failure of a company to be incorporated at the date it received the benefit of an assignment of a contract…

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Negligence by Licensee #256

Small mistakes lead to big problems, which proves yet again that eternal vigilance is the price to be paid to avoid having to check your E. & 0. insurance to see what the deductible is…

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Restrictive Covenants #197

The Land Title Act allows a developer who subdivides a parcel of land into lots to register a statutory building scheme which will be binding upon all purchasers and subsequent owners…

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Negligence in Measuring Area of Commercial Property, Commission Claim Successful #196

An Ontario real estate agent who was found by a judge to have negligently measured the area of his client’s commercial property, was still held to be entitled to payment of the commission earned upon the sale…

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Licensees' Duty to Know Basic Municipal Bylaws #187

The decision of the city of Cranbrook to extend its boundaries led to a lawsuit against the owner of a small vacant lot and the listing and selling agents involved in its sale to a purchaser who found that the bylaws…

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Actions Against Licensees – Negligence and Interfering With Contractual Relations #152

Chutzpah is a Yiddish word meaning “brazen nerve”…

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Negligence of House Inspector: Licensee’s Liability #140

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…

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Residential Mortgage or Residential Agreement for Sale – Continued; Negligence, Liability of Owner/Employee of a Limited Company #126

Column 125 discussed how a mortgagor may be able to limit liability under the personal covenant of the mortgagee, upon the sale by the mortgagor…

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Conditional Sale and Purchase by Vendor – Licensee's Duty to Vendor #118

An unconditional offer from a purchaser flush with funds is as welcome as the first spring day in Dawson Creek and as rare as a double-ended commission…

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Bank Foreclosure – Customer Rights; CMHC Guarantee – Negligence #114

Financial institutions often demonstrate a casual if not contemptuous disregard for requests for pay-out statements or delivery of an executed discharge of a mortgage…

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Negligent Preparation of an Offer – Liability of Licensee for Damages #111

A month later Adam and Nester were back in Noel’s office, this time with a letter from the vendor’s lawyer. The letter contained a consent…

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Appraiser and Real Estate Licensees – Question of Liability #105

John and Joan were looking for revenue property which they found in 1980 thirteen miles east of Smithers Iying between the Yellowhead Highway…

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Property Manager’s Liability for an Assault Upon a Tenant #79

A case involving an assault upon a tenant will be of interest not only to property managers and owners of rental properties, but perhaps also to Strata Corporations…

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Prospectus – Receipts #49

The recently distributed Bulletin referred to the intention of the Superintendent to provide additional exemptions from the provisions of the Real Estate Act relating to prospectuses…

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Liability for Both a Limited Company and the Employee, Resulting From the Actions of the Employees #14

A recent case illustrates the liability which may attach to both a limited company and the employee of the limited company, resulting from the actions of the employees…

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Changes to the Postal Service Means Businesses Will Continue to Use Couriers for Date Sensitive Mail #12

The transfer of the postal service to a Crown Corporation may improve relations at the post office, and it may even improve service in the long run…