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West Harbour is a residential community and marina located immediately across Lake Okanagan from Kelowna, BC and developed by Troika DevelopmentsWhat is the term  Unless earlier terminated, the sublease expires June 5, 2107 Upon termination of the lease, your leasehold interest will expire and you must remove al...

The use of a "bitcoin" for BC Real Estate Contracts would not be legal, tender must be in CANADIAN DOLLARS #oops...

Ever wonder what a real estate lawyer has to do when you get a residential mortgage Here is a great article: ...

I grew up here, so admittedly I have always has a little bit of a bias toward this valley But, I recently had lunch with one of my clients who has an Alberta based business and a vacation home in Kelowna Given the recent changes in our economic environment, a relatively weak US housing market, and a strong Canadian Dol...

Elkridge is a mixed townhome and single family home community located on Elk Road near the Two Eagles Golf Course in Westbank, British ColumbiaWhat is the term  Unless earlier terminated, the sublease expires: January 2, 2109 At the end of the term, your leasehold interest will expire and you must leave the premi...

Recently, a local Realtor and Home Inspector have been in the news as a Buyer has claimed that they have bought an “unlivable” home (full CBC News Story here) and the aggrieved Buyer is claiming against the Realtor and Home Inspector in small claims court  From my reading of the story and documents (as presented b...

I can still remember the day when my dad told me that we were putting in a pool at our old Nathan Road home in the Okanagan Mission in Kelowna, BC It was better than Christmas My sisters and I lived in that pool every summer thereafter Swimming has always been an integral part of my life, as Kelowna Aquajet, as a lifeg...

By: Peter Borszcz, Real Estate Lawyer, Montgomery Miles & Stone Law FirmIrrespective of economic conditions, foreclosure properties are often viewed as a “deal” for the savvy real estate investor However, courts in British Columbia have a duty to ensure that foreclosure properties are being sold as close to the...

Is a Deposit RefundableThe British Columbia Court of Appeal recent released its decision in Tang v Zhang, 2013 BCCA 52, and expressly overturned the 2009 case of Agosti v Winter In Agosti, there had been a dichotomy of contractual language that either renders something a “true deposit” (which would be forfeit...

"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...

The GST at 5% would apply to a taxable sale of real property in British Columbia where, under a written agreement of purchase and sale, tax becomes payable after March 31, 2013In addition, the transition tax will apply (in addition to 5% GST) to sales of newly constructed or substantially renovated housing where: ...

To help our clients during the PST transition, Montgomery Miles & Stone Law Firm will be OPEN on Mon April 1, 2013 (Easter Monday)! ...

1 Determine if there is a valid Power of Attorney in placeA Power of Attorney is a legal documents that grants to a person (sometimes called the "Attorney") the right to sell and dispose of the assets of the Donor (the person granting the power of attorney) In British Columbia the statute (law) governing powers of ...

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...

The Peachland Wildfire highlighted the importance of good urban planning and the use of Wildfire Covenants to reduce the danger posed by wildfires in the Okanagan The Ponderosa Golf Course development by TreeGroup acted as an important firebreak to prevent the fires from spreading into the densely populated Princeton ...