Small Claims Court

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.

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

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 Claims Made in Small Claims Court #275

Legally Speaking

By Gerry Neely B.A. LL.B The increase several years ago of Small Claims Court monetary jurisdiction to $10,000, opened the door for a number of licensees to sue for payment of a commission which they might otherwise have chosen to forget about. The advantage is that there are no costs, other than minor court costs,

Commissions Small Claims Court #208

Legally Speaking

By Gerry NeelyB.A., LL.B. The increase in the Small Claims Court jurisdiction to $10,000 has resulted in more cases of some complexity being tried in that court because the process is more information and potentially therefore, less expensive than Supreme Court. An agent claimed a commission in Small Claims Court, on the basis that the listing