Subject to Lawyer Review - BC law blog

  Summary   Artificial lines might work for country borders, but when property boundaries are wrong, it’s a legal problem — often missed because BC deals don’t require surveys, fixable by legal tools like boundary adjustments, easements, or encroachment agreements, and title insurance coverage is uncertain.   1. The Lawn That Wasn’t Theirs   Imagine this: your client is ready to list a home. Lovely property, great curb appeal, spacious backyard with mature trees and a sturdy fence. As a precaution, they commission a survey — and suddenly the fence line becomes a fault line. Turns out part of their backyard, including that nice shed and section of patio, is actually on the neighbour’s lot. The buyers now want a discount, or worse — they’re walking.   Boundary mix-ups like this aren’t uncommon. Over time, trees are planted, fences are replaced, rocks are rearranged — and assumptions become facts, until a survey says otherwise.   2. Why Wasn’t This D...

  Summary: Who will blink first? Is it the tariff standoff — or a real estate negotiation? Tariffs may be driven by politics, but in real estate, the standoff is often psychological. As a realtor, your job is to tune into your client’s inner voice and help them move forward with confidence. Here’s how you can guide them. Sounds familiar? Just like tariff disputes, real estate negotiations can become a standoff. The buyer finds problems in the inspection. They want a price reduction. The seller says no — claims they have tenants lined up or another offer coming. Buyer doesn’t believe it, asks for proof. Seller goes silent. The condition removal date looms. These moments feel high-stakes. But often, like tariffs, they’re more about leverage than real action. In trade, tariffs rarely accomplish what they set out to do. They’re a signal. A tactic. A way to say: I’m not backing down. Until someone does. Why Does the Buyer Really Want a Discount? It’s not always about the money...

  Summary: Labour shortages, material delays, and increased transportation costs, caused by tariffs are giving developers legal grounds to invoke delay clauses in pre-sale contracts. These clauses allow the developer to push out the completion date by a period equal to the delay caused by such events, even after issuing a Completion Notice! Translation: At the time of contract signing, buyers and sellers may not actually know when the building will be finished.   The Delay Clause in Action   Here’s a typical clause found in many pre-sale agreements:   “The Developer shall be entitled to extend the Completion Date by a period equivalent to any delay arising from strikes, lockouts, fire, flood, labour or material shortages, tariffs, transportation delays, governmental actions, or any other event beyond the reasonable control of the Developer.”   You’ll find this language under headings like “Permitted Delay”, “Extension of Completion Date”, or “Force...

  Principal Residents Aren’t Always Safe from the Speculation Tax While some in the U.S. are calling today “Liberation Day,” there’s nothing liberating about being blindsided by legal uncertainty.   Quick summary:  A Canadian citizen or permanent resident’s s principal residence can become taxable under B.C.'s Speculation and Vacancy Tax (SVT) if they’re deemed an Untaxed Worldwide Earner—even if they live in their home full-time.   What’s the Risk? Most homeowners assume their principal residence is exempt from the SVT. That’s generally true—unless the owner is part of a “satellite family.” A satellite family  is one where the majority of household income is: Earned outside Canada, and Not reported on a Canadian tax return This can include: Canadian citizens working or living abroad International income earners with B.C. homes Spouses of B.C. residents with offshore income If your client’s household income fits this profile, th...

  Spring is here, and deals are moving fast! But before you rush to the finish line, let’s talk about one of the biggest sources of post-closing disputes: incomplete repairs! A common pitfall occurs when sellers agree to repairs but fail to complete them—or don’t provide proof—leaving buyers scrambling after closing. Avoiding these headaches is simple: ensure repair agreements are clear, enforceable, and well-documented.   Here are the key considerations:   Required Repairs : The Seller agrees to complete the following repairs and/or remediation work (the “Repairs”) prior to the closing date: [List Specific Repairs Here]. All work shall be performed by a licensed and insured contractor where applicable and in compliance with all applicable building codes and regulations. Proof of Completion : The Seller shall provide the Buyer with satisfactory written proof of completion of all Repairs no later than [Insert Date], which may ...