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.

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    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
    What’s Up (With the) Dock? #479
    Environmental Liability #478
    Old Is Not Necessarily Obsolete #480
    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
    Parking Stalls and Strata Units #464
    A True Condition Precedent #463
    Non-Refundable and Absolutely Forfeited Means Exactly That #462
    The Impact of the New BC Limitation Act on Licensees
    A Bad Inspection Report #460
    Limited Dual Agency and Independent Advice #459

    The British Columbia Real Estate Association acknowledges that our head office is located on the unceded traditional territories of the Coast Salish Nations of Sḵwx̱wú7mesh (Squamish), səl̓ilwətaɁɬ (Tsleil-Waututh), and xwməθkwəy̓əm (Musqueam). We also acknowledge the other 195 First Nations in British Columbia, as these are the lands we each call home.

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