Legally Speaking
Legally Speaking
Every month, one of BC’s foremost experts in real estate law reviews a legal action related to a real estate transaction and share their insights on what went wrong – and what REALTORS® can learn from it.
POPULAR TAGS
Advanced Search
Search by citation (PDF)
Search back issues (#1-480) by keyword (PDF)*
*To request back issues of Legally Speaking (#1-480) please contact BCREA directly with the issue number.
*To request back issues of Legally Speaking (#1-480) please contact BCREA directly with the issue number.
–
- Tags:
- Contract of Purchase and Sale
- COVID-19
- Statistical Releases
- Commission
- Strata Properties
- Mortgages
- Professional Development Program
- Damages
- Real Estate Council of BC (RECBC)
- Liability
- Deposits
- Real Estate Act
- Property Disclosure Statement
- BC Financial Services Authority (BCFSA)
- Strata Property Act
- Disclosure
- Condominium Act
- Office of the Superintendent of Real Estate (OSRE)
- Climate Change Preparedness
- Limited Dual Agency
- Multiple Listing Service (MLS®)
- Rules and Regulations
- Taxes
- Negligence
- Interest Rate
- Court of Appeal
- Fiduciary Duties
- Rental
- Developer
- Zoning
- Collecting Commission
- Property Law Act
- Real Estate Services Act
- Residential Tenancy Act
- Managing Brokers
- Multiple Listing Contract
- Subdivision Plan
- Energy Efficiency
- Strata Bylaw
- Construction
- Latent Defects
- Land Title Act
- Residential Tenancy
- Financing
- Canada Revenue Agency (CRA)
- Canadian Real Estate Association (CREA)
- Property Damage
- Listing Contract
- Income Tax Act
- Human Rights Act
- Conveyancing
- Home Buyer Rescission Period (HBRP)
- Land Title
- Land Title Office
- Easement
- Breach of Contract
- Subject Conditions
- Strata Corporation
- Breach of Duty
- Warranty
- Interest Act
- Strata Insurance
- Commercial Property
- Misrepresentation
- Goods and Services Tax (GST)
- Risk Management
- Landlords
- Land Owner Transparency Act
- Land Owner Transparency Registry
- Consumer Protection
- Inspection
- Foreclosure
- Municipal Bylaw
- Assignment
- Parking
- Time is of the Essence Clause
- Small Claims Court
- Restrictive Covenant
- Independent Contractor
- Communication
- Misconduct
- Property Transfer Tax
- Wildfires
- Renovations
- Survey
- Title Insurance
- Patent Defects
- Counter-offers
- Buyer Agency
- Building Scheme
- Real Estate Errors and Omissions Insurance Corporation (REEOIC)
- Date of Completion
- Property Condition Disclosure Statement
- Fair Market Value
- Tax Exemption
- Manufactured Home
- Virtual Tours
- Material Latent Defects
- Home Insurance
- Heritage Sites
- Home Inspection
- Buyers Default
- Real Estate Development Marketing Act
- Rural Real Estate
- Environmental Issues
- Condominiums
- Bankruptcy
- Appraisal
- Buyer's Agency Exclusive Contract
- Hot Housing Market
- Code of Ethics
- Federal Budget
- Foreign Buyer’s Tax
- Records
- Vancouver Island Real Estate Board (VIREB)
- Back-Up Offers
- Collapsed Sale
- Marketing
- Assessment Data
- Strata Parking
- Power of Attorney
- Property Purchase Tax Act
- Minister of National Revenue
- Conditional Clause
- Rental Restrictions
- Principal Residence
- Streamside Protection Regulation
- Co-Listing Form – Separate Representation
- Conflict of Interest
- Frequently Asked Questions
- Contract of Purchase and Sale Addendum/ Amendment
- Stigmatized Properties
- Identity Verification
- Aboriginal Rights and Title
- Soil Contamination
- Builders Lien Act
- Heritage Conservation Act
- BC Assessment
- Condominium Regulations
- Caveat Emptor
- Municipal Act
- Criminal Code
- Property Transfer Tax Act
- Agent’s Duties
- Property Manager
- Heritage Designation
- Capital Gain
- REALTOR® Licensing
- Fines
- Arbitration
- Co-Listing Form – Joint Representation
- Foreign Buyers
- Age Restrictions
- Mental Health
- Disclosure of Representation in Trading Services
- Death
- Disclaimers
- Cannabis
- Fire Safety
- Agency Agreement
- Property Disclosure
- Homeowner Protection Act
- Environmental Management Act
- Electronic Signatures
- Water Sustainability Act
- Property Value
- Power of the Seal
- Limitation Act
- Personal Property Security Act
- Crown Land
- Conditions Precedent
- Family Relations Act
- Law and Equity Act
- Fixtures
- Fire Damage
- Signatures
- Vacation Homes
- Market Value
- Occupiers Liability Act
- Measurements
- Encroachment
- Fraud
- Torrens System of Land Registration
- Encumbrance
- Flooring
- Canada Mortgage and Housing Corporation (CMHC)
- Price
- Veterans Land Act
- Employee
- Trustee
- Fisheries Act
- Common Law
- Legal Advice
- Climate Change
- Commercial Real Estate
- Real Estate Services Rules
- Breach of Trust
- Documentation
- Urea Formaldehyde Foam Insulation (UFFI)
- Technology
- Agriculture
- Underground Oil Storage Tank
- Notice of Acceptance
- Contract Fundamentals
- Holdover Commission Clause
- Buying and Selling
- Exclusion Clause
- Good Faith
- Depreciation Reports
- Contingency Reserve Fund
- Privacy
- Property Condition Disclosure
- Excise Tax Act
- Water Protection Act
- Senior Citizens
- Life Leases
- Life Leases Act
- Signing Officers
- Shopping Malls
- Estate Taxes
- Sales Brochure
- Agency Disclosure
- Mortgage Fraud
- Property Purchase Tax Exemption
- Strata Termination
- Property Claims
- Highways Act
- Road
- Mortgage Insurance
- Right of Way
- Sublease
- Water License
- Ground Water
- First Nation Land Registry
- Archaeological Sites
- Trees
- Nuisance
- Liability Insurance
- Recreational Property
- Joint Tenants
- Professional Incorporations
- Income
- Competition Act
- Home Owner Grant Act
- Social Services Tax Act
- BC Court of Appeal
- Boundaries
- Parcel Land
- Reviewing Offers
- Administrative Penalites
- Unrepresented Parties
- Buyer’s Acknowledgement of Information
- Assignee
- Amending Contracts
- Repudiation
- Licensing
- Real Estate Teams
- Remorse
- Vacant Possession
- Identity Fraud
- Home Title
- Tenant Occupied Property – Buyers Notice to Seller for Vacant Possession
- Authority to Lease – Residential
- Authority to Lease – Commercial
- Standardized Clause
- Implied Agency
- Foreign Ownership
- Offer
- Title Clause
- Common Property
- Strata Lot
- BC Fire Code
- Verified Listings
- Cooperative Association Act
- Cooperative Housing
- True Condition Precedent
- Buyer Aware
- Disclosure Warranty
- Protected Land
- The Land Conservancy of British Columbia (TLC)
- Commercial Bare Land Lease
- Buyers Limited Remedy
- Adjoining Property
- BCREA History
- Statue of Limitations
- Electronic Transactions Act
- Personal Information Protection and Electronic Documents Act
- Personal Information
- Building Restrictions
- Chattels
- The Condominium Manual
- Share Purchase Agreements
- Life Insurance
- Clause 9
- Acknowledgment of Title Clauses
- Defamation
- Removing a Condition
- Doctrine of Frustration
- Leasing Agent
- Strip Mall
- Square Footage
- Unpaid Deposit
- Forgery
- Assurance Fund
- Ontario Condominium Act
- Prohibition Order
- Expropriation
- Access Right
- Relocation
- Rental Disclosure Statement
- Wells
- Grow-Op
- Auction
- Injury
- Agricultural Land Reserve
- Termites
- Medical Insurance
- Estate Planning
- Railway
- Public Policy
- Illegal Contracts
- Remuneration
- BCREA Member Board Regions
- Fish Protection Act
- Local Government Act
- Logging
- Presale
- Languages
- Holdback Clauses
- Cannabis Act
- Co-Ownership Agreements
- Limited Dual Agency Agreements
- Float Homes
- Enforcing Rights
- Innocent Party
- Discipline
- Comparative Market Analysis
- Impersonation
- Building and Strata Statues Amendment Act
- Second-hand Smoking
- Smoking
- Tobacco and Vapour Products Control Regulation
- Mental Capacity
- Referrals
- Secondary Suites
- Non-residency
- Implied Representation
- Right of First Refusal
- Common Law Latent Defect
- Homeowner Protection Office (HPO)
- Effective Cause
- Option
- Licensee Practice Manual
- Translation
- Non Est Factum
- Partition of Property Act
- Floating Home Association of BC
- Natural Disaster
- Canadian Standard Association (CSA)
- Factory-built Structures
- Revocation of Offer
- Property Law Amendment Act
- Discriminations
- Indian Act
- Indian Self Government Enabling Act
- First Nation Bylaw
- Companies Act
- Partnership Act
- Society Act
- Docks
- Possession
Wait, One More Thing – Amending Real Estate Contracts #565
Beware of Heritage or Archaeological Issues #564
Revocation of Offers #563
Oh, So Suite… #562
Wildfires and Climate Change – The New Normal? #561
Mental Health and Mental Capacity in Real Estate Contracts #560
All for One, One for All — New Team Rules in Effect #559
Where There’s Smoke, There’s Problems: a Few Considerations for Licensees Regarding Second-hand Smoke #558
Amidst a Sea of Change: New Challenges and Opportunities for a New Year #557
Prohibition on Rental and Age Restrictions in Strata Buildings #556
Stay Cool – New Home Buyer Rescission Period for Residential Real Properties Coming January 3, 2023 #555
The F Word: Protecting Yourself and Your Clients from Fraud #554
Listing and Selling Tenanted Properties #553
Prevent Client Remorse in a Fluctuating Real Estate Market #552
Getting to Informed Consent: Explaining Listing Agreements to Clients #551
Use Your Name Wisely #550
Avoid Costly Mistakes Concerning the Foreign Buyers’ Tax #549
Federal Budget 2022: Taxation of Property Flipping, GST and Assignment Sales #548
Stickers Aren’t Just for Kids Anymore: Why CSA Labels Matter #547
Assignment Terms – It’s All in the Contract #546
Licence and Registration Please #545
The Increasing Cost of Misconduct #544
Conflicts of Interest: Sound Judgment Required #543
Enforce Your Rights, or Lose Them #542
Tips for Using Clauses and Amending Contracts of Purchase and Sale #541
Testing the Waters: Transactions Involving Float Homes #540
Co-Ownership Agreements: “Till Dispute Do Us Part” #539
Assignee Beware #538
Hot Markets: Risks and Tips to Avoid Getting Burned #537
Working with Unrepresented Parties #536
Learning from an RECBC Discipline Decision #535
Four or More? Practice Tips for Transactions Involving Cannabis Properties #534
A Whole Lot to Know About the Land Owner Transparency Act #533
Powers of Attorney Can Be Tricky #532
Beyond Your Expertise: When to Recommend Clients Get Legal Advice #531
Co-Listings: What REALTORS® Should Consider When Co-listing a Property #530
Knowing the Rules May Not Be Enough #529
Lost in Translation: Avoiding Misunderstandings When Dealing with Clients in Languages Other Than English #528
Suing for Unpaid Deposits #527
Necessity is the Mother of Invention #526
Protect Your Clients and Reduce Claims Risks During COVID-19 #525
Collapsing Deals: A Refresher on the Common Law Principles #524
No Judicial Leeway to Compensate Unlicensed Individuals Who Provide Real Estate Services #523
Disclosure of Archaeological Findings: More Digging May Be Required #522
Strata Termination Update #521
When Cooperatives Become Uncooperative #520
Back-Up Offers: There’s a Clause for That #519
Strata Parking May Get Simpler #518
The First Law of Holes #517
Pitfalls in Transactions Involving Strata Condominiums #516
Liability For Strata Insurance Deductibles #515
Death at a Property Revisited #514
Know Your Seller #513
Strata Age Restriction Bylaws #512
Don’t Forget About Council #511
Disclaimers Against Reliance: Not Always a Magical Cure #510
Strata Termination #509
Duelling Regulators #508
The Section 9 Trap #507
Remind Consumers: They Are What They Sign! #506
The Disciplinary Power of Real Estate Boards and Associations #505
Third-Party Recommendations and REALTOR® Liability #504
Implied Agency: If It Quacks Like a Duck, It May Be a Duck! #503
Death at a Property #502
Timing is Everything #501
Who Should Verify Zoning? #500
Offer vs. Option vs. Contract of Purchase and Sale #499
Failure To Disclose Proves Costly #498
Subject Removal #497
The Devil is in the Details #496
Vacant Possession #495
Seller’s Remorse Not Rewarded #494
Licensees Liable for Not Determining Seller’s Non-resident Status? #493
Effective Cause #492
Consequences For Breach Of Fiduciary Duties #491
When Disaster Strikes #490
Owner-Builders Liable For Poor Construction #489
Recent Regulation Regarding Assignments #488
Boo You Really Want to Know? #487
Material Latent Defect Versus Latent Defect. Is There a Difference? #486
Marketing Decisions Can Be Significant #485
To Rent or Not To Rent #484
Property Disclosure Statement Tips #483
Timing is Everything #482
Liability for Commission #481
Old Is Not Necessarily Obsolete #480
What’s Up (With the) Dock? #479
Environmental Liability #478
Caveat Emptor Does Not Always Protect The Seller #477
Dealing With Heritage Sites #476
Leasehold Strata Parking and Storage #475
Selling The Right To Occupy Unsubdivided Land #474
Practice Limited Dual Agency At Your Risk #473
Strata Update #472
Aboriginal Title and Its Implications #471
The Homeowner Protection Act: Protect Your Clients and Yourself #470
The Duty to Review Contract Terms #467
Words Count in a Warranty #466
Buyers Must Beware #465