Property Condition Disclosure Statement

Substantial Instead of Minor Changes to the Condominium Plan; Disclosure Statement – Failure to File Amendment, Material False Statement in the Budget #269

Legally Speaking

By Gerry Neely B.A. LL.B Since many developers are now pre-selling before there is a hole in the ground, their presentations to prospective buyers can only be based upon models, plans and sales brochures portraying the merits of the condominium a prospective buyer may occupy. Inevitably some alterations to the plans are required as construction

Condominium Act – Loss of Owner’s Right to Vote; Contract of Purchase and Sale – Paragraph 9 Exclusions of Representations, Etc. #268

Legally Speaking

By Gerry Neely B.A. LL.B Section 125(6) of the Condominium Act states that except where a unanimous resolution is required, an owner is not entitled to vote at a general meeting, unless all contributions payable for the owner’s strata lot have been paid. An owner/developer of a newly-created strata corporation, who follows the not uncommon

Fraudulent Misrepresentation Made Against Sellers #238

Legally Speaking

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

Property Condition Disclosure Statement, in writing or not? #230

Legally Speaking

By Gerry NeelyB.A., LL.B. According to the Property Condition Disclosure Statement (PCDS), the questions and answers within it become part of the Contract of Purchase and Sale, “if so agreed in writing by the vendors and purchasers.” The question is whether they become part of the contract even if there is no written agreement between

Protection for a Licensee #199

Legally Speaking

By Gerry NeelyB.A., LL.B. The benefit of the Property Condition Disclosure Statement in avoiding or minimizing a licensees liability is illustrated by a case in which the vendors tried to shift, to a licensee, their liability for a fraudulent misrepresentation made to a purchaser. The representation concerned a roof that was four years old, made

Property Condition Disclosure Statement #179

Legally Speaking

By Gerry NeelyB.A., LL.B. The decision of the British Columbia Real Estate Association to provide a Property Condition Disclosure Statement to be completed voluntarily by owners should be welcomed by licensees. It is a constructive approach toward reducing law suits against licensees and minimizing liability based upon allegations of misrepresentations made by licensees in real