Real Estate

Our lawyers work with clients who are buying, selling, financing, developing and leasing real estate. They have years of experience in working with both corporate and individual clients, and use this experience to ensure clients receive efficient and quality service. They can assist with closing your transaction, drawing and reviewing contracts and commercial and residential leases, strata property issues, Land Title issues, and subdivisions. 

If you have a question regarding these issues in British Columbia, please feel free to call us today!

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Carroll v. Allen

Even though a property is rented to tenants, that property can be sold. Sometimes the buyer is willing to accept the current tenant and become their new landlord. Sometimes, however, the buyer wants to move into the property and, thus, requires that the tenant vacate the property. Section 49(5) of the Residential Tenancy Act allows […]

Newhouse v. Garland, 2022 BCCA 276

Two people can hold title to real estate in one of two ways. The first is as tenants in common. Where two people hold real estate as tenants in common, when one dies, their share is distributed as per their will or, if they don’t have a will, in accordance with intestacy laws. The second […]

Partition of Property and Party Wall Agreements

Where a property is jointly owned and the owners cannot agree on whether to sell it or not, the Partition of Property Act allows the owner who wants to sell to apply to the Court for an order that the property be sold. Where the owner who wants to sell the property has at least […]

Subject-to Clauses in Real Estate Transactions

Offers to purchase or sell real estate are often conditional on or subject-to something happening. For instance, the offer to purchase could be subject-to the buyer obtaining financing or being satisfied with the results of a home inspection. If the conditions to the purchase and sale are not met, typically the sale will not complete. […]

Property Disclosure Statements

When a person is selling their house, they may complete a Property Disclosure Statement (PDS). A PDS contains a series of questions about various aspects of the property and, for each, asks the seller to indicate whether or not they are aware of any issues or problems with that aspect. Examples include:Are you aware of […]

Panegos v. O’Byrne

If a person agrees to buy a home and fails to complete the purchase, they may be liable to the seller for any damages suffered as a result of the failure to complete. That is what happened in Panegos v. O’Byrne, 2019 BCSC 679.In this case, the defendants agreed to buy the plaintiffs’ two condo […]

Failing to Disclose Known and Dangerous Defects

Sellers can be held responsible if they fail to disclose certain defects or problems with their property. That is what happened in Karner v. Kuhnke, 2021 BCSC 1942.In Karner, the defendant-sellers had listed their rental property for sale. They hadn’t lived at the property for 8 years and it was tenanted at the time of […]

Buying a Home? Buyer Beware!

Everyone’s likely heard the phrase “buyer beware”. It’s not just sage advice, but a legal principle. Also known as caveat emptor, the principle of buyer beware remains a force to be reckoned with especially when it comes to buying a home.Caveat emptor places the responsibility on the purchaser of real estate to satisfy themselves as […]

Steps in a Real Estate Transaction

Initial OfferUpon viewing a property and wanting to buy it, a potential buyer will make an offer. The seller may reject or accept the offer, or they may make a counter offer and negotiations will follow. The document containing the offer is called a Contract of Purchase and Sale, and will be amended based on […]