The question of “When is a Deposit a Deposit?” is one of the two most significant ramifications of the risk of transactions collapsing. The second question is whether or not a seller may sue for damage. The two alternatives are not mutually exclusive, and the second option for home sellers is covered in this article. What property sellers may do…
Thousands of couples opt to end their relationship each year in British Columbia. Ending a relationship is no easy process. It takes time to properly heal from a separation. After a year of separation, one of the least controversial reasons for divorce in British Columbia is marriage breakdown. The Supreme Court of British Columbia permits divorces based on marital dissolution.…
Many British Columbians are making the decision to purchase a unit in a development that is not yet constructed. This decision is usually the largest purchase a person will make in their lifetime and is often both an exhilarating but also nerve-wracking experience. And while there are advantages to “purchasing pre-sale” there are also some risks and other issues that…
One of the most important parts of the home-buying process is having a professional home inspection performed. Sometimes, the home will receive top marks, with no issues found (or a few minor issues that can be easily fixed). Most of the time, however, there will be some major issues that need to be addressed before you commit to buying the…
It is common knowledge that strata councils operate with the interest of the building in mind, not the interest of an individual owner. In a recent dispute, Nabeel Moallem, a lawyer at Sodagar & Company, overturned a strata council’s decision that an insurance deductible in the sum of $25,000 was due and payable by an individual owner. Our client was…
Landlords need to prepare a written agreement for every residential tenancy. However, a verbal agreement is still valid and enforceable. It’s also important to note that the standard terms found in the B.C. Residential Tenancy Act (RTA) still applies regardless of whether a written agreement is present. Additional Considerations Paying a security deposit confirms tenancy Tenants and landlords must both…
Purchasing a home, or any property for that matter, is an exciting time. However, it’s a large purchase to make. Therefore, buyers who discover that they’ve been deceived may need to seek legal counsel to remedy the issue. In many cases, buyers will need to spend even more money to make repairs. Sometimes they’ll realize that they can no longer…
The COVID-19 pandemic has caused a lot of stress for both tenants and landlords alike. Reduced hours or unemployment essentially puts monthly rent paid on time at risk. As a landlord, if you’re wondering what your options are if your tenant is no longer able to make ends meet, read below. The government of Canada has urged landlords to keep…
It’s no secret that the greater Vancouver housing market is an active one. However, given the number of transactions that were underway during the COVID-19 outbreak, it makes sense for contract-bearers to worry. A series of legal issues have risen, and continue to rise, regarding negotiating new transactions, transactions in progress, and lastly, transactions with binding contracts yet to close.…
It’s no secret that residential construction disputes are stressful. From the owner’s perspective, a residential construction dispute is when further work or repairs need to be completed and paid for by the party responsible for using faulty materials or encountered issues with the design, construction, or renovation process. Where things get more complicated, however, is when there are multiple responsible…