Category: Buyers

"Can I bring my (dogs/cats/lizards/emus) to my new home" is a phone call I get on a weekly basis by Purchasers who want to ensure the furry, fuzzy, and scaly members of their family are welcome in their new homeGenerally there are three sources of law that can impose limitations on the right of a home owner to have...

When Homes Buyers enter a show suite for the first time, it can look very impressive and they are often shown marketing materials which can include the layout of some of the units and the amenities which will be present once the development is built Often a contract is signed and a deposit is made before Buyers have ha...

I heard a wonderful story from a client this week who had decided to propose to his girlfriend after he carried her "over the threshold" in to the new home they had just bought together in Kelowna The client asked me "When we get married, do we have to file that change with the Land Title Office"Steps to Name Cha...

Recently in Abbotsford, British Columbia, there was a mobile home park where the owners were given notice to vacate the premises as the mobile home park was being re-developed and the headline read "BC Seniors devastated as homes face bulldozer" (see the full story on CBC here) This was particularly tragic as (accordin...

Unfortunately, and often due to a series of unfortunate events, some owners find themselves unable to afford their home and in some cases being forced to sell at a loss There are a number of different ways for this to occur:A Short Sale with Seller Bringing in Cash to CompleteThis type of transaction occurs w...

When the province announced the new First Time New Home Buyers Rebate associated with the HST rebates, they tightened the definition of "First Time Home Buyer" (see my post here for more information on the rebates) This tighter definition indicates that the government is looking more closely at (ie; auditing) who is a ...

Agricultural and Farm property occupy an interesting segment of the real estate market, as they are often a mix of commercial and residential uses This means that many of the rules that apply purely to a residential home purchase have limited applicability to agricultural landsA THE 05 HECTARE RULE:There are a ...

I must admit, I love watching the HGTV show "Property Virgins", and seeing the excitement of first time home buyers fulfil their dreams of home ownership is one of the best things about my jobIn British Columbia, real estate prices (compared with much of Canada) are high relative to average income, which increa...

When buying a house, you must decide whose name will go on title Will you be the sole owner Should you be on title at all Will you and your spouse go on title together If so, will you be joint tenants or tenants in common What about your childrenWhat is the difference between Joint Tenancy and Tenancy in Common...

This weeks blog post is definitely not legal advice, however growing up in the Real Estate industry for the past 34 years, there are definitely a few ways I have discovered that both Realtors and Lawyers can add value to their clients transaction:Negotiate from a position of strength – in short, ensure that your ...

Who Owns the WaterAll water in BC is owned by the Crown and strictly regulated As property lines extend to, but do not include the foreshore, the upland owner has no rights to use or “possess” the water, only a right to access A license from the Provincial Crown is require to use/ possessWaterfront Boundaries C...

Common Home Buyer QuestionsBy: Peter Borszcz1 Will this contract force me to buy this homeA contract is a legally enforceable promise Therefore, you are obliged to carry out its terms if the contract is firm and binding However, a contract can be “subject to” the performance of other terms (for example, obtain...

Where there is an existing tenancy and your client wishes to move into the property, the existing tenancy will have to be terminated in accordance with the provisions of the Residential Tenancy ActFor the new Buyer to move into the property the Seller must file a "Two Month Notice to End Tenancy", Form RTB-32 The ...

The home inspection industry in British Columbia has grown rapidly in the last 15 years, from fringe service, to mainstream acceptance What is seldom explained to Buyers is that there a limits to what a home inspection can doMost home inspectors are "problem spotters" not "problem solvers or quantifiers" Usually a home...

Buying a home with existing tenants involves a few additional obligations on buyers and sellers asthere is another party involved (the tenant), and there are additional provincial laws that appy (the Residential Tenancy Act) Prior to considering the purchase of a rental property buyers should ensurea) that the ...