Property Disclosure Statement

VIDEO: Help Your Clients Understand the Property Disclosure Statement

BCREA has created a video for REALTORS® to share with clients to help them better understand the Property Disclosure Statement (PDS). The PDS is one of the most frequently used standard forms and it allows sellers to disclose facts about the condition of the property so that buyers can make informed decisions when considering purchase

PODCAST: Episode 8 – A REALTOR®’s Guide to Radon Gas

Open House by BCREA logo

Episode 8 of Open House by BCREA, A REALTOR®’s Guide to Radon Gas, features a conversation about radon gas and real estate with Dr. Noah Quastel, Director of Law and Policy for Healthy Indoor Environments at the BC Lung Foundation. Radon gas isn’t new, but it’s certainly something that Realtors continue to learn about. BCREA

Live Online Course and FAQ Created for REALTOR® Education About Radon Gas

Radon gas is an odourless and colourless radioactive gas that occurs naturally throughout BC

With questions about radon gas recently added to the Property Disclosure Statement in April 2020, REALTORS® may be looking to brush up on their knowledge about the odourless and colourless radioactive gas that occurs naturally throughout BC and which, if accumulated in homes and other buildings, can become a health risk. As a result, BCREA,

Property Disclosure Statement Revised and Released Alongside New Online Course

The British Columbia Real Estate Association (BCREA), in collaboration with the provincial Standard Forms Committee, BC’s 11 real estate boards and other stakeholders, has updated the Property Disclosure Statement (PDS). The updated PDS is now available on WEBForms®. What are the changes to the form? As a response to several issues impacting the BC real

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

Buyers’ Due Diligence Obligations #452

Legally Speaking

By Jennifer CleeB.A., LL.B. There have been a number of recent articles on a seller’s obligation to make full and complete disclosure of all issues respecting property offered for sale. What about a buyer’s obligation when purchasing property? Most licensees are familiar with the doctrine of caveat emptor or ‘buyer beware.’ That maxim holds that

What’s in a Name? Engineering Reports and the PDS #449

Legally Speaking

By Jennifer A. CleeB.A., LL.B. The recent BC Supreme Court decision of Meslin v. Lee1 considers what constitutes an “engineer’s report” for the purpose of disclosure on the Property Disclosure Statement (PDS). The action involved a condominium sale (the property) that failed to complete. On the completion date, the buyers rescinded the Contract of Purchase and Sale

Property Disclosure Statements: Benefit or Burden? #447

Legally Speaking

By Jennifer Clee The real estate industry is in a furor over the recent decision of the Ontario Court of Appeal in Krawchuk v. Scherbak1; both the sellers and the real estate agent were found liable to the buyer despite disclosing past settlement of the home and despite the buyer’s obligation to make enquiries of and

A Developer Must Disclose All Amendments to a Disclosure Statement #431

Legally Speaking

An anticipated result of the current economic situation has been in increase in litigation concerning condominium unit pre-sales. One such recent B.C. Supreme Court case relieved an unhappy purchaser from his obligations under the purchase agreement because the purchaser did not receive all of the amendments to the disclosure statement at the time of purchase.1

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

Property Disclosure Statement – Shield or Sword? #406

Legally Speaking

By Jennifer Clee In the early 1990s, the profession introduced the Property Disclosure Statement, or PDS (formerly, the Property Condition Disclosure Statement). From its inception, the PDS was intended to shield sellers and representatives from lawsuits by minimizing their risk of liability for negligent misrepresentation. By providing a written record of the seller’s knowledge and

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

Contract of Purchase and Sale – Clause 18 #344

Legally Speaking

By Gerry Neely B.A. LL.B I understand it is the standard practice of a licensee to explain the significance of the Contract of Purchase and Sale terms to the parties to it, before it is signed. This is particularly desirable for Clause 18, in which the parties agree there are no representations, warranties, etc. other

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.

Buyer Agency #224

Legally Speaking

By Gerry NeelyB.A., LL.B. The launch of the good ship, SS Agency Disclosure, is underway and there is no turning back. She left port comfortably ahead of any potential government interest in legislating adequate agency disclosure and is now moving on the flood tide of the legal and ethical requirements of CREA and the courts. The

Prospectus and Court Ordered Sales #80

Legally Speaking

By Gerry NeelyB.A. LL.B. By the time this is published, we hope that Bill 66, The Real Estate Amendment Act (No. 2) 1985,* has been proclaimed. If it has and the Superintendent has made available the form and contents he will require for a disclosure statement, then the long wait to obtain approval of a prospectus, which

Section 28 Disclosure Statement #53

Legally Speaking

By Gerry NeelyB.A. LL.B. Section 28 of the Real Estate Act was amended in 1981 to widen the requirements for disclosure to be made by a licensee prior to the purchase of real estate by the licensee or his associates. The amendment required the preparation of a disclosure statement “in the form and manner prescribed by the

Prospectus, Disclosure Statement and Other Changes #83

Legally Speaking

By Gerry NeelyB.A. LL.B. More than you ever wanted to know about this subject, but were afraid to ask. The changes to Part 2 of the Real Estate Act that have been made over the past three years, ending with the most recent policy statements Numbered 7 and 9 issued by the Superintendent in December, 1985, justify