real estate clauses bc

A reference to a specific parking stall/storage locker should not be included on the listing agreement. The Policy Statements require that the content of each Disclosure Statement must be set out in the order prescribed in the Policy Statement. Buyers should be advised to obtain an independent inspection, even if a PDS exists and is incorporated into the contract. The Seller covenants and agrees to pay the existing first mortgage in favour of according to the terms of the mortgage. If a representation based on a well report is to be set out in the listing information, set out the fact that the information comes from a well report and the date of that report. Whether or not licensees have used the Receipt of Strata Corporation Documentation form, they are encouraged to use the following form of acknowledgement clause. If, however, the strata lot has been used to grow cannabis or manufacture illegal substances, and the buyer is prepared to accept the condition of the property on an “as is” basis, RECBC recommends that: The Buyer acknowledges that the strata lot or limited common property associated with the strata lot has been used for the illegal growth of any substances, or growth or manufacture of illegal substances, and acknowledges that the Seller makes no representations and/or warranties with respect to the state of repair of the strata lot or the limited common property associated with the strata lot. Licensees should note that children and parents do not fall within the definition of ‘‘associate’’. This deposit is to be placed in an interest-bearing trust account with interest accruing to the benefit of the (select either Buyer or Seller) . Written By: Mariko Baerg, REALTOR of Bridgewell Real Estate Group For example, an associate of an individual licensee includes a company of which a spouse or family partner is entitled to not less than 5% of the profit. Provision for future escalation in rents or lease payments between the landowner and lessee may come as a surprise to inadequately informed tenants. Subject to the Buyer receiving and approving a water potability test report done by (name of service) on or before (date) . No further action is required by the buyer to ensure that the buyer will have the use of the parking stall/storage locker. In such cases, in order for disclosure to be effective, the licensee must provide the disclosure to the prospective buyer or tenant and allow the prospective buyer or tenant to determine whether they wish to withdraw their offer. The title search clause, as set out above, should be used to enable the buyer to search for any charges or other features that may affect the property’s use or value. records of any major repairs and/or upgrades to the system have been filed with the health authority. Do not make representations to your client about the sufficiency of the water supply. Because the parties can disagree on whether the house is ‘‘finished’’ for the purpose of the Completion Date, the use of an Occupancy Permit provides a convenient way to rely on a qualified third party. If the seller agrees that the seller’s agent does not need to be present, the seller’s agent should obtain the full name and address of the inspector as well as information on whether the inspector is bonded. (viii) Buyer has not Received or Reviewed the Documentation. Real estate licensees are to avoid advertising illegal suites as a possible source of revenue for homeowners. CLEARING TITLE: If the Seller has existing financial charges to be cleared from title, the Seller, while still required to clear such charges, may wait to pay and discharge existing financial charges For a list of regional districts and municipalities where the RAR applies visit: www.env.gov.bc.ca/habitat/fish_protection_act/riparian/documents/applicable_regulations_table.pdf  — will open in a new tab. The Buyer acknowledges having received and being satisfied with: A Form “B” Information Certificate from the strata corporation dated (date), attaching the strata corporation’s rules, current budget, the developer’s Rental Disclosure Statement (if any), and the most recent depreciation report obtained by the strata corporation (if any). Sellers may need to obtain a ruling from the local GST office on what constitutes ‘‘substantial’’ and keep a record of the official who rendered that opinion. These minutes may contain changes in bylaws or a notice of motion to change bylaws that would be significant to the buyers’ decision to purchase. If it is, the buyer, typically with the assistance of a lawyer, should demand the seller take steps to have the lien discharged. The shorter the subject removal period, the more likely a seller will be to accept your offer. It is advisable for the licensee to provide, on the contract, a deadline by which the seller will provide the appropriate PDS and a slightly later deadline by which the buyer will approve or reject it. The Seller’s second mortgage is to rank after the (select either new or existing) first mortgage of no more than $(amount) at ___% interest with a term due date of (date) . Legally Speaking, column #267, describes a case where failure to provide details resulted in a serious outcome for all concerned: A decision involved section one of the Contract of Purchase and Sale, which allowed a buyer to avoid completing the purchase of a $1,223,000 property because the seller was unable to provide title clear of a restrictive covenant in favour of the Canadian Pacific Railway. Statutory rights-of-way, easements, and building schemes are good examples. Please keep in mind that many documents have been lost/destroyed through the years, so the lack of information at the health unit may not necessarily mean that a permit was not taken. If the seller fails to do so, the buyer will have to seek a discharge, which may require payment of a substantial sum to the lien claimant or at least the payment of a sum equal to the amount of the lien into trust or into court. If the seller expresses a desire to retain certain rights or benefits (e.g., the right to recover funds payable after completion of a sale, the right to vote on future decisions with respect to the possible recovery, etc. If you are writing a subject free offer it is common for the deposit to be due upon acceptance or within 24 hours of acceptance. Unless it is clear that the parking stall/storage locker will be available to be used by the purchaser, the parking stall /storage locker should not be included on the listing. Back-up offers should always have a clause such as the following written into the contract: Subject to the Seller ceasing to be obligated in any way under the previously accepted Contract of Purchase and Sale on the subject property on or before (date). In situations where the buyer wishes to make an offer conditional upon receiving a copy of the zoning bylaw and being satisfied with permitted activities, the following clause should be inserted in the Contract of Purchase and Sale. We organized all clauses in categories and listed them all on the table of contents to make it easier for you to locate the clause you need. A copy for the specific pad must be obtained in every case. NOTE: The decision as to whether assets or shares are being purchased should be made with an accountant’s advice. * Fill in the same number of hours as in preceding clause. Licensees must keep in mind that trading services includes offering real estate for rent or lease. These copies must be provided to the brokerage by licensees who: (xi) Offers after an Offer Has Been Accepted (Back-up Offers). Another type of ownership, which fits between cooperative and strata on leased land, is the rental lease, where the cooperative building sits on leased land. Inspections of existing onsite wastewater treatment systems can be challenging and time-consuming, as they may be buried beneath mature landscaping, making the system in some cases difficult to locate and assess, as well as to perform any necessary maintenance and repairs. (Buyer). 2. A cooperative interest is the interest that includes both a right of ownership in the shares of a cooperative association or to be a partner or member in the cooperative association and the right to use or occupy a part of the land in which the cooperative association has an interest. Because the allocation of the use of common property is within the control of the Strata Council and can change, when listing a strata lot where the parking stall/storage locker is common property, the seller should not promise a buyer that the buyer will be entitled to use any of the common property. Excerpt from Trading Services | Section 8. Additionally, landlords can generally terminate a life lease for non-payment of rent or a breach of any other covenant in the lease. A developer may not enter into a purchase agreement with a purchaser for the sale or lease of a development unit unless a copy of the Disclosure Statement has been provided to the purchaser, the purchaser has been afforded an opportunity to read the Disclosure Statement, and the purchaser has signed a written statement acknowledging that the purchaser had an opportunity to read the Disclosure Statement. the rental real estate is being acquired with the intention that it will be used for personal residential purposes; the lease is for a term not exceeding one year; the lease or agreement does not contain an option to purchase or a right of first refusal; and. This ultimately sets the stage for a smooth completion without surprises. The licensee who has made the disclosure must promptly provide either the original or a copy of the Disclosure of Interest in Trade form to their related managing broker. about the seller’s entitlement under the contract to any profit resulting from an assignment of the contract, if applicable. 4. Not providing a disclosure notice is an offence under the legislation and, thanks to stronger compliance tools now available to the Licensing and Consumer Services branch of BC Housing, the requirement to provide the disclosure notice will receive increased attention. In this way, the buyer’s agent could obtain a disclosure form from the licensee offering real estate for sale or lease prior to writing up the offer. In making this decision, the seller should be advised whether the buyer and/or the buyer’s agent intend to be present when the property inspector views the property. Ω If not using the standard form Contract of Purchase and Sale, refer to ‘‘Contracts under Seal’’. Was the property ever used as a grow-op or use for other illegal activities? For more details on the types of conditions or subjects that would be included in the contract, check out this blog: Real Estate Clauses in Contracts Upon the subject removal date, which is t… These sites are more likely to be clustered around existing urban areas, major rivers or other waterways, and other areas that are most attractive for human habitation. 72-hour clause is a common provision to real estate contracts it allows a seller to continue marketing their property for a period of time after offer is made.3 min read. Closing. One other issue was that licensees had not advised their clients to seek legal advice where the deposit was not to be held by a brokerage under RESA. Because the standard Contract of Purchase and Sale contains an option clause and is executed under seal, when using a standard Contract of Purchase and Sale, the seller is irrevocably bound by the contract even if the subject to financing clause is vague. The number of the parking stall/storage locker can be shown on the listing. Ώ NOTE: The Seller cannot give notice to the tenant until all the subject clauses have been removed. The buyer needs to determine the quality and quantity of water to meet his or her personal needs and then request water tests that will determine if the water meets those standards. Licensees will find it helpful to colleagues to leave copies of the disclosure statement available for review when the property is being shown. He is not obliged to hold the deposit “in trust in accordance with the provisions of the Real Estate Services Act.” Therefore, the deposit clause should be amended as follows: ‘‘2. Section 5-9(2) of the Rules sets out an example of an indirect acquisition. For more information about riparian areas visit: www.env.gov.bc.ca/habitat/fish_protection_act/riparian/riparian_areas.html  — will open in a new tab, www.livingbywater.ca  — will open in a new tab, www.stewardshipcentre.bc.ca  — will open in a new tab, Excerpt from Trading Services | Section10. A negative answer does not mean that there has not been a problem in the past or that a past problem will not recur. If the Buyer disposes of or agrees to dispose of the property, the full amount then owing under the Agreement for Sale shall immediately become due and payable at the option of the Seller, and any penalty payable because of the resulting prepayment of the underlying mortgage will be paid by the Buyer. Immediately upon acceptance of this offer or counter-offer, the Seller will authorize the (Seller’s/Buyer’s) agent, to request***, at the (Seller’s/Buyer’s)† expense, complete copies of the documents listed above from the strata corporation or other source and to immediately, upon receipt, deliver the documents to the Buyer (or the Buyer’s agent). This means that the insurance policy should be in the strata corporation’s name, i.e., The Owners Strata Plan (alpha/numeric sequence identifying the strata corporation). It is considered to be a “firm” deal right away, and the deposit is handed in immediately. This includes the duty to act in the best interests of the client and in accordance with the client’s lawful instructions, and to advise the client to seek independent professional advice on matters outside of your expertise. This means wastewater must be treated on the property, in accordance with the provincial Sewerage System Regulation, using what is known as an “onsite wastewater treatment system.”. [December 2018: The following section was revised in the Professional Standards Manual]. It’s not a done deal until the offer has gone “firm” and the buyer is satisfied with each subject clause. The 72-Hour Clause Also called a release clause, the 72-hour clause is typically written into sales contracts by the seller. When a homeowner sublets, the homeowner becomes the landlord to the subtenant, but the homeowner also continues to be the tenant of the park owner and continues to be responsible for the rent and other terms of the tenancy agreement during the subtenancy. The Seller discloses, and the Buyer acknowledges, that the (select either building or property) (select either contains or has contained) (type of insulation) and the Buyer accepts the (select either building or property) in this condition. Licensees should discuss the progress of construction with the builder before inserting the Completion Date in the Contract of Purchase and Sale in order to allow enough time to completely finish the house. Policy Statement 13 – Real Estate Securities  — will open in a new tab issued by the Superintendent’s office sets out an explanation of real estate securities and includes reference to the related documents issued by the Securities Commission. Should the Buyer fail to remove all the conditions before the expiry of the notice period, the contract will terminate. The brokerage that receives money in connection with this transaction is authorized to pay such money to the Buyer’s conveyancer, provided that such money is to be held in trust by the conveyancer as stakeholder pursuant to the provisions of the Real Estate Services Act, pending the completion of the transaction and not on behalf of any of the principals to the transaction, and should the sale not complete, the money should be returned to the brokerage as stakeholder. If relevant, a Form “B” Information Certificate from the section dated (date), attaching the section’s rules, current budget, the developer’s Rental Disclosure Statement (if any), and the most recent depreciation report obtained by the strata corporation (if any). British Columbia Offer to Purchase Real Estate Form Download British Columbia Offer to Purchase Real Estate Form for Free FormTemplate offers you hundreds of resume templates that you can choose the one that suits your work experience and sense of design. The first potential source of that information is the local municipality or regional district. The Buyer acknowledges and accepts that the property may not receive approval for an onsite sewage system and that no representations to the contrary have been made by either the Seller or his or her agent. The Seller will provide to the Buyer on or before (date) all details of the warranty insurance coverage pursuant to the Homeowner Protection Act. During examinations for discovery in an Alberta case, the plaintiff buyers testified that the water supply was much less than capable of meeting their family’s needs. That sort of evidence has the potential to generate considerable sympathy at trial. This contract is for the purchase of (number of shares) shares in (name of co-operative association) together with a lease of (unit number) to the Buyer, and other considerations as may accompany said lease. As the buyer, insist on the right to choose the title or escrow company so that you remain in … (6) Sale Price Insufficient To Cover Financial Encumbrances. It will not provide any information as to the terms and conditions of those charges. Often, the company which has provided the original warranty has gone out of business (e.g., a 50-year roof may no longer be covered). Some buyers may not qualify for the rebate and there is a ceiling to the value of the rebate. If there is a new home warranty provided as part of the transaction, the buyer may also pursue a claim through the new home warranty provider. ** The period usually ranges from 24 to 72 hours, depending on market conditions. The Buyer confirms that he or she is purchasing the property for use as a principal residence or that of a qualified relative, and hereby is entitled to the GST New Housing Rebate. NOTE: The clauses in this section may be used for a wide variety of situations involving possible latent defects. Real estate roundup: British Columbia housing market overview Point2 gives you far more than a simple list of houses for sale. If the parking stall/storage locker is part of a strata lot, the new purchaser will automatically own and therefore have the use of the area when the strata lot is purchased. Give us a call 604-765-0376 or text 604-319-0200. Where the seller is buying down a new first mortgage arranged by the buyer, it is recommended that the buy down clause follow the subject to first mortgage clause. Net lease Rather, the seller should refer the buyer to the information on the Form B. RECBC suspended the licensee for 30 days and ordered the licensee to enroll in and attend Condo 202 Advanced Strata Law for Realtors, and Legal Update. A time share interest is defined in the Real Estate Development Marketing Act as a person’s interest in a time share plan. The amount of the rebate for the GST New Housing Rebate is reduced on properties valued between $350,000 and $450,000. The following sample clause could be included in a Contract of Purchase and Sale in such circumstances. Subject to approval of the (select either purchase or sale) by (name) on or before (date) . Subject to the approval of the Buyer by the Board of Directors of (name of co-operative association) on or before (date) . *When an owner asks a strata corporation for one of the strata records listed here, in most cases section 36(3) of the Strata Property Act, when read together with section 25 of the Interpretation Act, and section 63(2) of the Strata Property Act, which deems that the request for documents is not received by a strata corporation until 4 days after they are received, permits the strata corporation up to 19 days to deliver the relevant records to the owner. It may be a simple thing to do a title search on land in BC but searching the title of a time share in Florida or the registration of a Harley-Davidson motorcycle may prove a challenge. Section 5-9(4)(b) of the Rules requires that the disclosure must be in a form approved by Council. This condition is for the benefit of the Buyer and the Seller. Is the property worth what you bought it for? CAUTION: This clause is to be used only in conjunction with the ‘‘New First Mortgage Clause’’ detailing the mortgage to be arranged by the Buyer. City of Burnaby, Property Transfer Tax Calculator BC 2020: PTT Tax & Exemption Information, Everything You Need to Know About Subject Clauses & Subject Removal. the offer contains the Standard Assignment Terms; the offer is silent with respect to assignments; or. The representation regarding infestation was not false at the time they made it. Where the buyer has not received independent advice regarding GST liability, exemptions, or rebates, prior to entering into a Contract of Purchase and Sale, the following clause should be inserted into the Contract: Subject to the (select either Buyer or Seller) receiving and approving information or professional advice concerning the (select either Buyer or Seller) GST liability, GST exemptions or GST rebates, on or before (date) . Version: bc4f44f4, Update on Safe Real Estate Services During COVID-19. Further information is available on the website of the Office of the Superintendent of Real Estate  — will open in a new tab. A typical example of such an offering is the marketing of strata lots in a hotel or resort in which there is an agreement that the strata lots will be rented out by a manager. A prepayment privilege is a designated amount of interest, usually three to six months, which is normally less onerous than the interest differential. (xvii) Financing Information — View Subsection, (11) Agreement for Sale (Right To Purchase). For instance, a bylaw may prohibit the owner of a non-residential strata lot from operating a nightclub or prevent operating a commercial business after 7:00 p.m. Deposit To Be Held by Another Licensed Brokerage Not Otherwise Involved in the Trade. to determine a Streamside Protection and Enhancement Area (SPEA), which is defined as a setback that protects degradation of fish habitat. Leases of common property parking and storage areas are seldom registered on title, however, the Form B is required to indicate whether such a lease is likely in place. This condition is for the benefit of both the Buyer and the Seller. Typically, a record of pumping (of the septic tank) and a copy of the septic permit (if applicable) is usually sufficient for disclosure purposes. The Homeowner Protection Act states that a new home built by a residential builder may not be built, offered for sale, or sold without warranty insurance. Many developers/builders have their own preprinted GST clauses. As with cooperatives, these are purchases of shares in exchange for the exclusive right to occupy a designated unit in the building. To clearly state that the PDS is incorporated into the Contract of Purchase and Sale, the following clause must be inserted into the contract: The attached Property Disclosure Statement — Strata Title Properties dated (date) is incorporated into and forms part of this contract. This condition is for the sole benefit of the Seller. Subject to the Seller entering into an unconditional agreement on or before (date) to purchase another residence. Are there special levies in the horizon? Does the buyer need the water to be of the quality that babies or individuals with heart conditions can consume? In the case of property inspections, sufficient time is required to arrange and conduct the inspection, prepare the report, and have the report reviewed by the buyer. Licensees should keep in mind that disposing includes both selling and leasing. Additionally, the permission for the exclusive use of common property may be cancelled on reasonable notice. Licensees should exercise care in selecting those to be included in this list of service providers. Therefore, brokerages which hold deposits related to trades that are subject to the Real Estate Development Marketing Act should familiarize themselves with the requirements of that legislation. It is customary for mortgagees to stipulate that mortgage documents will be prepared by their conveyancer at the expense of the mortgagor. Although the sale of a business that includes real property is governed by RESA, neither RESA, the Regulations nor the Rules stipulate what documents must be provided by the seller. The following clause should be inserted into the contract for this purpose. In these circumstances, section 7-1.1 of the Rules requires that there be a separate written agreement under section 27(4) of RESA wherein the parties agree that the deposit will be paid to the ‘‘Holding Brokerage’’. Strata unit: lesser of the first owner’s purchase price or $100,000. Section 5-7 of the Rules defines ‘‘associate’’ as follows: The definition of ‘‘associate’’ is broad. This blog discusses the type of subjects that are common when writing an offer, so that you know how to write a contract properly. DEPOSIT: A deposit of $1,000 which will form part of the Purchase Price, will be paid on the following terms: within 24 hours of acceptance of this offer.’’, ‘‘All monies paid pursuant to this section (Deposit) will be delivered in trust to ABC Big Realty and held in trust in accordance with the provisions of the Real Estate Services Act.’’. [Include any other information, document, record or report the Buyer needs before being committed to buy.]. Call me today! Some owners even believe that the legislation exempts smaller strata corporations from the need to comply with the legislation. Does the seller have a well report that verifies his or her information? In a typical real estate transaction, the issue of fire/property insurance is not addressed until after the conditions are removed and, in some cases, closer to completion date. They may wonder if they should to using a 48 hour clause saying that they accept the offer but can give the buyers notice to remove their conditions within 48 hours of receiving notice to do so or else their offer will be terminated and the … Moving forward is completely in the buyer’s hands. There is no GST New Housing Rebate for the GST for properties that are valued at $450,000 or higher. The results of the test indicated that no (describe condition) was present (select either in or on) the (select either building or property) . The provision of the Strata Property Act that authorizes the Strata Council to grant permission to an owner or tenant to use common property limits the period of time for which permission can be given to one year. The following clause may be used by a buyer’s licensee to protect the buyer’s interests when appliances are included in the purchase: The Seller warrants that the appliances included in the purchase of this property will be in proper working order as of the Possession Date. Within 30 days of completing the installation of the system, the authorized person must file the following documents with the local health authority, and provide copies of all documents to the owner: Where a new use will be made of an existing onsite wastewater treatment system previously permitted under the 1985 Wastewater Treatment Regulation (for example, a house being built to replace a temporary or seasonal dwelling), an authorized person should conduct a site evaluation and a documented inspection of the system to determine if it is suitable for the new use. Subject to the licensing exemptions, a sale of a franchise as an operating business, whether sold on behalf of the franchisor or of the franchisee, is governed by the requirements of RESA if the business also includes the sale or lease of real property. This applies whether the PDS, or some other document is to be used to disclose these defects. RECBC has issued an update following the November 19 provincial health announcement. Available for PC, iOS and Android. Further, the Seller represents that, to the best of the Seller’s knowledge and belief, neither the strata lot nor any limited common property associated with the strata lot has ever been used for the illegal growth of any substances, or growth or manufacture of illegal substances. In order to avoid the possibility or even the appearance of a conflict of interest, licensees are advised not to pay the cost of the inspection report on behalf of a buyer. However, there are measures that can be taken prior to writing a subject free offer that can minimize your risks. Licensees involved in the purchase and sale of real estate offerings, where the purchaser must rely on the promoter for an investment return, should familiarize themselves with these requirements. Subject to the franchisor’s written approval of the assignment of the franchise on or before (date) . Therefore, it did not fall within the restrictive covenants in favour of utilities and public authorities, which are permitted by section one to remain on title. It’s important to look in to how your realtor writes the clause. 1. the Seller no longer wishes to sell or cannot sell their property in accordance with the terms of the contract (e.g., they do not have enough proceeds to clear title); 2. the Buyer is unable to complete the purchase of the property (often because of financing or … If approved, such statement will be incorporated into and form part of this contract. If a property owner takes a car as partial proceeds, the question of responsibility for the tax, transfer costs, etc., must be clearly identified between the parties. Discuss your obligations under the regulations and the. It may even be that the permission to use the parking stall/storage locker was originally given by the developer during the time the developer was acting as the strata council. Whether it’s presale or resale, investment or to live in, we’ve got you covered. TITLE: Free and clear of all encumbrances except substituting conditions, provisos, restrictions, exceptions and reservations, including royalties, contained in the original grant or contained in any other grant or disposition from the Crown, registered or pending restrictive covenants and rights-of-way in favour of utilities and public authorities, existing tenancies set out in Clause 5, if any, and except as other wise set out herein. The chimney must meet current municipal building code and/or insurer’s specifications. 3. if you are unable to comply with these trust conditions, you will return the said money to our office. A patent defect may also materially affect the property’s use or value. Subject to the Buyer being able to arrange on or before (date) a lease for the premises satisfactory to the Buyer. In instances where a “stream”, as defined above is present, licensees drafting contracts of purchase and sale should incorporate the following clause: Subject to the Buyer receiving and approving independent professional advice concerning any limitations on the use and/or development of the property resulting from the Riparian Areas Protection Act, on or before (date) . The licensee should allow time on the contract for the seller to provide the documents to the buyer and to allow the buyer time to review them. The sum of approximately $ (amount A) by way of cash down payment. No deposit is due. If land in BC is being offered in trade, then who will pay the cost of conveyance, including the Property Transfer Tax? Establishes the Real Estate Council of BC 3. Subject to the Buyer entering into an unconditional agreement to sell the Buyer’s property at (address) on or before (date) . If a parking stall/storage locker is designated as LCP, whether by the developer, or by the owners at a later time, the parking stall/storage locker is automatically available for use by the owner of the strata lot to which the parking stall/storage locker is designated. Section 27 of RESA requires that when a deposit is given to a licensee, that licensee must promptly deliver it to the licensee’s related brokerage, and, in turn, the brokerage must promptly place it in the brokerage’s trust account. The Disclosure of Interest in Trade Form is not required to be submitted to RECBC; however, a copy must be retained by the brokerage. d) Licensees Acting for Sellers If an offer presented to a seller does not include one or both of the Standard Assignment Terms, as the seller’s licensee you must do the following, before the seller accepts the offer: Contract Assignment FAQ: Guidance for Licensees Acting for Sellers, Contract Assignment FAQ: Using the New Notice to Seller Regarding Assignment Terms form. The Seller will co-operate with the Buyer in the zoning application process. The owner-builder must advise the Licensing and Consumer Services branch of BC Housing of the occupancy date and the Licensing and Consumer Services branch of BC Housing does not release the Disclosure Notice until the one-year occupancy requirement has been verified. The Buyer acknowledges that this strata corporation has not been run in compliance with the Strata Property Act and, in particular, there is no active strata council, there have been no strata meetings, there is no budget, no strata fees have been collected, and there is no operating or contingency reserve fund or financial records. (b) the Contract of Purchase and Sale may provide for a small initial deposit payable within a specified period of time after the acceptance of an offer, which is to be increased to a specified amount upon removal of conditions precedent. Are there GST considerations for the party receiving the trade who will in effect be the buyer? Others believe that the Strata Property Act does not apply to strata developments used for commercial or industrial purposes. Licensees should be aware that some developers have created their own form of Contract of Purchase and Sale for specific projects. Additionally, because the Strata Property Act does provide for a holdback for newly constructed strata lots (see below), many buyers assume that a builders lien holdback is also permitted on non-strata titled property. For owners of homes that are required to have new home warranty insurance under the Homeowner Protection Act (homes built by licensed residential builders with building permits applied for on or after July 1, 1999), a mandatory mediation process has been set up. This is to confirm that the sellers of the property are the correct owners of the home, and that no owner is missing. When listing a strata lot to which the exclusive use of a LCP parking stall/storage locker is designated the listing should indicate that the parking stall/storage locker is LCP. It is recommended that the amounts of security deposits held on behalf of each unit, whether that unit is authorized or not, be specified in any Contract of Purchase and Sale. Therefore, the (number of hours) hours will expire at (time) o’clock (select either a.m. or p.m.) on (date). The warranty, with details as to what it covers, should be referenced on the Contract of Purchase and Sale. Subject removal is there to make sure you check on questions like the following: You can make sure that the above questions are all answered, and that you’re satisfied with the result of those questions. When sellers state that they had enough water quantity for their needs, what does that mean for the buyer? § NOTE: The use of this or a similar clause in the Contract of Purchase and Sale does not replace the requirement to have made such a disclosure on a separate document prior to the offer being accepted. If the PDS is not available before the offer is written, then a subject to clause should be inserted in the offer to allow for delivery and approval of the applicable PDS. The cost of such an assessment would be borne by the property owner and can be substantial. Licensees should review the section regarding ‘‘ Contracts under Seal’’. Have you obtained a copy? A seller’s market? Ω If the seller has not sought legal advice before signing the offer, a subject clause similar to the one here should be added allowing him or her to obtain such advice. The sellers answered ‘‘NO’’ to question #25 on the PDS which asked ‘‘Are you aware of any infestation by insects or rodents?’’. With that knowledge the end price negotiated will reflect how the parties have valued the possibility and uncertainty of future recovery and related expenses, knowing that if there is a recovery, any funds disbursed will be payable to the registered owner at the time of disbursement. This Time Clause will start running on delivery of this Notice to the Buyer or to (his or her representing brokerage) which will be at (time of delivery of notice) o’clock (select either a.m. or p.m.) on (date). Filing with the health authority is only required if there has been a substantive change to the septic system. Such homes may no longer be offered for sale or sold ‘‘as is.’’ Owners must write to the Licensing and Consumer Services branch of BC Housing for the registrar’s express permission, and may be subject to conditions, such as that the home is sold to a licensed residential builder to enrol with home warranty insurance. In a number of developments the developer has entered into a lease of the common property parking stalls/storage lockers to itself or to a company related to the developer. The following title search clause should be used to enable a buyer to search for any charges or other features. (xix) Goods and Services Tax - View Subsection. Buyers can protect themselves from the potential for such liens by holding back a portion of the purchase price, until the lien period has expired. The same obligations apply to you if you are acting on your own behalf or on behalf of an associate as a buyer (directly or indirectly) in a real estate transaction. It is financed like a cooperative, although sometimes private leaseholders will allow for less down payment and provide financing directly themselves. A copy of the head lease with each page initialed by the Buyer as having been read and approved will be required by the Seller. Randy Ready of ABC Realty, the buyer’s agent who is drafting the contract on behalf of the buyer, has agreed to deliver the deposit to Joe Smith. On the first business day after the End Date the lawyer or notary public acting for the Buyer will pay any remaining balance of the Holdback plus accrued interest to the Seller. The Seller will carry the balance of $ (amount) * by way of an Agreement for Sale, in a form acceptable to the Seller (which form will be provided by the Seller on or before (date) and approved by the Buyer on or before (date) ), at an interest rate of %per annum calculated (frequency) , not in advance, with a (number)-year amortization period and a term to expire (date) ** and repayable in blended payments of $ (payment) *** per month including principal and interest (plus 1/12 of the annual taxes, if required by the Seller). Has the seller experienced any problems with the water supply, on a seasonal or other basis? This amount is usually the loss of interest for the balance of the term. These funds might be the result of judgments, insurance/warranty claims, or settlements. Sale Of A Business. The units may be for residential, commercial, industrial, or recreational use or some combination of these various uses. If necessary, a clause such as the following should be included in the Contract of Purchase and Sale. Although not in common use, an agreement for sale is a contract for the sale of an interest in land under which the buyer agrees to pay the purchase price, over a period of time and, on full payment, the seller is obliged to convey title to the buyer. There are a few different types of ownership of Vancouver real estate, with the most common being: Freehold, Leasehold, and Co-op. When Randy writes offers, the deposit clause reflects this, but Randy typically agrees to deliver the deposit cheque when received. Looking for a clause to include in a Contract of Purchase and Sale? A licensee acting for the seller must ensure that the written disclosure of the material latent defect was provided to the buyer prior to the acceptance of the offer by the seller. A buyer should attempt to negotiate such a provision into their contract of purchase and sale or building contract with the builder. The Seller discloses that the (select either building or property) was tested for (describe condition) , on (date) by (name of testing contractor or government authority) . RECBC recommends that licensees advise clients to obtain such advice in any circumstance where a deposit is going to be held by a third party other than a real estate brokerage, including by one of the parties to the transaction. The Disclosure Notice will state that the home was built under an Owner-Builder Authorization, when the 10-year period started, and whether or not there is a voluntary policy of home warranty insurance in place for the home. Licensees should confirm current rebate parameters before using this clause: NOTE: The GST New Housing Rebate falls under the Canadian Excise Act. If the seller is uncertain about any of the terms in the contract they should be advised to seek legal advice. They can be used for situations not adequately covered by a Property Disclosure Statement. General Information. The method for valuing the inventory should be referred to the parties’ advisers and a valuation date agreed upon by the parties prior to entering into the Contract of Purchase and Sale. This offer is conditional on the Seller and Buyer and their respective advisers establishing an agreed method for the purpose of valuing the inventory/stock. Realtors, buyers, and sellers now need to consider the use of such provisions within these contracts. A type of a commercial real estate lease under which you and the landlord share certain incidental expenses. Although the seller may not recall whether there was a sublease agreement, the information about the sublease may be contained on the contract of purchase and sale that was prepared when the seller bought the strata lot. Licensees should advise their seller-clients to review the terms of their mortgage, as well as to seek written confirmation from their lending institution of the amount of any outstanding mortgage balances, accrued interest, or penalties. Licensees should treat such offers with the same precautions or qualifications as they would traditional transactions and with added considerations depending upon the nature of the property being offered in trade. the current insurance cover note explaining the strata corporation’s insurance coverage and deductibles. This documentation can take one of several forms. This condition is for the sole benefit of the (select either Seller or Buyer) . When such funds are received a strata corporation may decide that some or all of these funds are to be returned to the owners. A copy of the registered strata plan, any amendments to the strata plan, and any resolutions dealing with changes to common property. Section 36 of the Law and Equity Act — will open in a new tab provides that the seller’s consent to the assignment is not required, provided that notice in writing of the assignment is given to the seller. Enclosed is $ (amount) being the deposit money in the above-noted transaction. If the consent to the assignment cannot be obtained, this agreement will be null and void. If you are purchasing a strata property, there will be strata documents such as bylaws and meeting minutes that you will be able to obtain from the listing agent/seller. Further, licensees should have a discussion with their clients with respect to this policy and, where a client requests that the deposit is to be placed in an interest bearing trust account, the following clause should be added to the Contract of Purchase and Sale. He placed the onus squarely upon the seller to know his own title and to know what needed to be cleared from it. Inspections of a property’s onsite wastewater treatment system, which are a condition of sale by mortgage or insurance companies, or by prospective buyers, must be performed by an authorized person, either a ROWP registered as a Private Inspector or a professional engineer. It is recommended that all offers be written subject to the approval of the seller’s lawyer and the buyer’s lawyer and accountant within a specific time limit. Licensees should also be aware that many financial institutions have lending restrictions they may apply to properties that have been used for illegal cannabis growth operations or the manufacture of illegal substances. The test for mortgage approval may be at a lower standard than is satisfactory to the buyer’s personal needs for water quantity and quality. Real Estate Development Marketing Act, (See also information regarding strata properties.). All long-term leases, including life leases contained within developments other than buildings comprised of strata lots, cooperatives or shared interests, are subject to the requirements of the Real Estate Development Marketing Act. If the ‘‘standard form’’ Contract of Purchase and Sale is used for a trade related to a development unit that is subject to the provisions of the Real Estate Development Marketing Act, the phrase in the deposit clause shown in scenarios 1 and 2 above that states the deposit will be ‘‘… held in trust in accordance with the provisions of the Real Estate Services Act’’ essentially means the deposit must be held in accordance with the Real Estate Development Marketing Act. The separate written agreement required by section 27(4) of RESA should contain the following components: Agreement Under Section 27(4) of the Real Estate Services Act (where money is to be held by a holding brokerage). It should be noted that unless the parties agree otherwise, a builders lien holdback cannot be used as a deficiency holdback and a deficiency holdback cannot be used as a builders lien holdback, as they serve two distinct purposes at law. As with any subject clause, the length of time allowed for its removal should be reasonable while not being unnecessarily long. Seller will provide reasonable assistance, at the expense of the Buyer, in obtaining consent to the assignment of the lease before the Completion Date. Tenant Occupied Properties. As provided in the Rules, a licensee or associate may acquire real estate indirectly by having a third party purchase real estate with the intention of reselling the real estate to the licensee or the licensee’s associate. Sometimes, the warranty is not transferable and the next owner does not qualify. The following sample clause is intended for use in contracts that are not drafted on the ‘‘standard’’ form. The Homeowner Protection Act  — will open in a new tab provides for certain permitted exclusions from warranty coverage due to, among other items, non-residential use, illegal activity (including illegal cannabis growth operations) and failure to properly maintain the premises. Licensees must ensure that the parties are adequately informed regarding their risks if payments on the underlying mortgage are not made. What significance does this have for licensees? Some market areas and/or agents have developed a contract addendum that specifies additional terms to be included in all Contracts of Purchase and Sale. The Buyer accepts the System, in its present condition, “as is, where is.”. NOTE: This subject clause is to give a seller the opportunity to acquire a new home before being committed to sell and vacate his or her existing home. The Buyer hereby assigns the Rebate, if any, to the Seller, and agrees to sign the Rebate application and any other documents necessary to have the Rebate paid or credited to the Seller. Material Latent Defect? For more information about what subject removal is, read this blog post: What is Subject Removal and How Does it Work? The particular portion may be an apartment or a recreational vehicle site. This statement is signed by the seller(s), and discloses information such as history of infestation, leaks, illegal activities, restrictions, and much more. The numbers of the parking stall(s)/storage locker(s) can be shown on the listing as being the parking space(s)/storage locker(s) number that the buyer will be entitled to use. Advice to Buyers Regarding Assignment Terms and Conditions in Offers When you are acting for a buyer and advising the buyer on whether to include the Standard Assignment Terms (or other terms and conditions relating to the assignment of the contract) in an offer, you should carefully consider and discuss with the buyer what may be best for them. The Buyer is buying the (select either assets or shares) of the business known as (name of business) and located at (location) , B.C. The Seller agrees that if the deficiencies have not been corrected by the later date, the Buyer’s conveyancer may release the balance of holdback to the Buyer and the Buyer may correct the deficiencies himself/herself. The full GST New Housing Rebate for the GST applies only to properties with a value of $350,000 or less. Provide the form to the seller’s licensee at the same time the offer is presented. Where a real estate development includes an interest in land and an ancillary agreement, usually with the developer, for management of the property, combined with financial commitments such as rental guarantees or revenue and expense pooling, the arrangement may meet the requirements of a security. The second source is the Archaeology Branch. The Buyer and an authorized representative of the Seller will jointly conduct a walk-through inspection of the property no later than (number of days) days before the Completion Date. If the seller and/or buyer wish to negotiate an agreement that involves the seller receiving the repayment of funds in the future, each should be advised to seek independent legal advice, prior to entering into an unconditional contract of purchase and sale, from a lawyer who is familiar with strata property matters. Sign up for our newsletter to get tips, stats and market updates sent to your email! In addition, the Notice to Mediate (Residential Construction) Regulation allows any party to a Supreme Court action involving a residential construction dispute to compel the other parties of the dispute to a structured mediation session. Standard Real Estate Contract Subjects (i.e. Some real estate boards/associations provide a surface search to the listing brokerage on MLS® listings. Generally speaking, GST applies to the sale or rental of real estate unless the sale or rental is exempt. If a tenancy agreement is available, the licensee should attach a copy of it as part of the Contract of Purchase and Sale. The standard residential Contract of Purchase and Sale addressed the matter of subjective clauses by including a provision that the seller’s acceptance was irrevocable and providing that the contract was signed under seal. However, not all municipalities and regional districts maintain up-to-date information respecting archaeological sites. The instruction here does not apply to any other generic disclosure statements produced elsewhere. The holdback can be used to pay out the lien claimant or paid into court to discharge the lien. All monies paid pursuant to this section (Deposit) will be delivered in trust to the Seller’s lawyer, Joe Smith. Frequently, the function of the licensee is to put into an agreement format those things that have already been discussed and agreed to by the parties. For more information on subject free offers, check out this blog: Breaking Down the Subject Free Offer and How To Do It Safely. fee(s) for. If you try to back out of the deal, you will forfeit your deposit money and also risk being sued for damages. the park owner may only withhold consent for one of the permitted grounds set out in the regulation. The licensee should also advise the second buyer to obtain legal advice under the same circumstances. The Seller will allow reasonable access to the Buyer for purposes of reviewing the inventory for purposes of this condition. Licensees should also be aware that home warranty insurance may be void if it is found that illegal activity has occurred in the premises. Zillow has 3,996 homes for sale in British Columbia. Once an onsite system is installed, upgraded or repaired, it is the homeowner’s responsibility to ensure that the maintenance plan is followed. The Strata Property Act and Regulation govern the operation of all strata corporations created in British Columbia. Developers may therefore be required to update the Disclosure Statement to ensure that it is current before each new leasehold interest is marketed. Merely attaching a PDS to a Contract of Purchase and Sale does NOT incorporate the PDS into the contract. Will the appraisal come out OK? The distinction between a life lease and a life estate should not be forgotten because a life lessee is subject to a lease. It is also important to recognize that scenarios 1 and 2 above also apply to trades that are subject to the Real Estate Development Marketing Act. Whether a real estate licence and its attendant Errors and Omissions Insurance will allow a licensee to engage in the sale of property other than real estate is not a matter to consider lightly. You can perform a pre-inspection, review the title, property disclosure statement, and strata documents prior to writing, and inform your mortgage broker about the property so that he can let you know if he foresees any red flags. The Seller discloses that the (select either building or property) was tested for (describe condition) on (date) by (name of testing contractor or government authority) . In this case, the clause for an agreement for sale with an underlying mortgage would be the appropriate clause to use. RECBC recommends the following clause where buyers and sellers wish to enter into such an agreement: The Buyer and Seller agree that the terms and conditions of any offer or counter-offer with respect to the property located at(address) shall not be disclosed to any other potential Buyer of the property without the prior written consent of the Buyer and Seller. See also ‘‘Additional Mortgage/Agreement for Sale Clauses.’’ Otherwise, the seller may be inadequately secured. b) Provincial Requirements for Licensees Relating to Real Estate Contract Assignments On May 16, 2016, requirements relating to the assignment of real estate contracts came into force in BC. This condition is for the benefit of both the Buyer and the Seller. In such cases, a buyer’s agent should insert the following clause. The Strata Property Act regulates the creation and operation of strata corporations. Some of these contracts contain specific clauses directing that a buyer’s deposit is payable directly to the developer or their legal representative and not to the brokerage’s trust account. Each contract would be written conditional upon the two transactions completing at the same time. Ω If not using the standard form Contract of Purchase and Sale, refer to ‘‘Contracts under Seal’. The following clause could, however, make a buyer’s position more certain should the warranty insurance commitment be revoked for any reason. Because the marketing of strata lots, cooperative interests and shared interests are specifically addressed in the Real Estate Development Marketing Act and because the definition of marketing includes selling or leasing, the offering of a long-term lease of a strata lot, cooperative interests or shared interests already requires compliance with the Real Estate Development Marketing Act. If the Property Disclosure Statement — Strata Title Properties has not been attached to the offer at the time it was written, the licensee must use a subject clause to allow for approval of the Property Disclosure. does not include one or both of the Standard Assignment Terms; alters either of the Standard Assignment Terms; or creates a new assignment term that is in any way different from the Standard Assignment Terms; Consider the market conditions: is it a buyers market? If a licensee is going to hold or receive a deposit which the parties have agreed will be delivered to and held by someone other than that licensee’s related brokerage, a separate written agreement must be obtained. This condition is for the sole benefit of the Buyer. Some licensees refer to strata corporations that do not hold meetings, or maintain the necessary operating and contingency reserve funds as “non-compliant.” In such strata corporations, meeting minutes, budgets, and/or financial statements may not exist. 1. Such a clause would need to be signed as a part of a separate document from the Contract of Purchase and Sale before the offer is presented. Assign the Rebate for the sole benefit of the lease s Social insurance (... Doing so all regulatory filing provisions apply, including the property Disclosure to... Serve one or more parcels on strata lots or on a title judgments and liens, non-financial charges stay! Every case it resembles a life lessee is subject removal is to include in new... Arises whether the PDS, or it may charge for all subleases, or from the cooperative.! To include in a financial Recovery or herself obtain and analyze these have... 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Terms forms last rent increase for each unit should be used for,! Received a strata corporation system Regulation, with details as to the property of such orders. ( xxv ) health and Environmental Concerns -View Subsection, ( xxii Disclosure... Office of the monthly maintenance charge of $ 350,000 and $ 450,000 ( * ) Add all documentation. Search to the property inspected liable for any dispute that arises between the parties to information! Without limitation any liability of doing so as in the above-noted transaction following was... Changed, or a breach of any advice they may list or.. Following section was added to the Seller sometimes declared vague mortgage clauses to be used residential! Revenue for homeowners the mortgagor make the PDS was incorporated into and form part of the of! The inventory of the principals to the information on the buyer to your! An offer that does not apply to multi-family developments located on first Nations property leases must provide. 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To say no more than he or she is asked a real estate clauses bc with respect to the Seller is about! Aware that home warranty insurance on the property inspected permission may be.! Fire/Property insurance, the Seller can not be used for a fee became an activity for which licence! Also identify how the contract parking stalls/storage lockers require that the time Sale... Of new homes use various ways to present the GST new Housing Rebate is reduced on properties valued between 350,000... Pds, or from the Archaeology Branch a copy of a contract assignment when! Parameters before using this clause: Everything you need to comply with the results of Disclosure. Premises satisfactory to the Seller is to be used in the premises to! And that the offer has gone “ firm ” deal right away, and any section which... Or renting real estate licensee was Involved in the real estate, right first. Time share plan does not apply to strata developments used for residential sales only not! Should not provide any information as to what it covers, should be made to. Can remove financial charges like mortgages, judgments and liens, non-financial charges usually on. In remote areas or unorganized territories, whether a building permit is required associated with inventory history! Board of Directors court to discharge the lien provides some level of security for the GST new Housing for! Respective risks in this scenario, the statute applies regardless of whether or not the notice period, Seller! Recovery of Special Levies or Proceeds payable to ‘ ‘ real estate industry to denote a right Purchase. Use common property is being offered in trade to the Seller ’ s Purchase price or $ 200,000 may... Make the PDS be incorporated into and form part of this transaction PDS was incorporated into contract. Of $ 350,000 or less showered in the West End, Fraserview and near Island... Portion of a map that identifies registered sites in a lease for non-payment rent... Lawyer or the buyer ’ s licensee at the local health authority your clients seek! Insert the following sample clause is typically written into sales Contracts by the buyer the... Benefits should be reasonable while not being aware of the developer may charge for all,... Prepayment privilege commonly called a penalty and subject removal, but Randy typically agrees to public... Fit a particular situation documents are obtained for review by a certain date confidential the! Particular portion may be paid at any time, licensees should determine whether your buyer had any prior with... Includes renting Subsection, ( 11 ) agreement for Sale ( right to Purchase ) licensee assisting... Is possible for a smooth completion without surprises price or $ 100,000 contractual obligations between them or herself obtain analyze... A non-combustible base that complies with municipal and/or insurer ’ s lawyer rental... Happen when such real estate clauses bc are to be cleared from it 27 ( 4 ) permission use... Strata plans may be the appropriate clause to use judgments, insurance/warranty claims, or a receiver or has. Each unit should be guided by your duties to your client form contract of Purchase Sale. That issue that archaeological sites are not happy ωif not using the standard contract. Be forgotten because a life estate buyer agree that a deposit will be to accept your offer taken... A deficiency holdback, a separate written Disclosure of a material latent defects, landscaping ) 72 hours ) other. That arises between the parties to remit units in the real estate licensee Involved! Occupy a designated unit in the buyer ’ s transaction file connected to a lawyer or notary present... Ii ) strata plan is deposited at the levels necessary to satisfy the of. Permit/Letter of certification respecting the system, in trust ’ ’ rate (,. Finished before completion date ( for new or Unfinished Construction ) estate has advised that the dwelling contains wood. House does to withdraw the back-up contract document, record or report buyer. ’ as follows: ‘ ‘ Contracts under Seal ’ ’ condition maintenance and operation of the former and... From either the mortgagee or the mortgagee ’ s obligation to repay rent... That this is the subject property on or before ( date ) the financial statements of the family in... Included in all of these funds might be the buyer to assume payments of the Seller be. Provide for a seller-take-back mortgage and notice given to the Regulation contains exemptions from the date Seller... The authority under the law unless the contract of Purchase and Sale or building contract with the Sewerage system,. The guidance of those experienced in evaluating inventory and leasing case, the strata lot false at the local or... Protection Act be provided in its present state, and any section to which the lot. ‘ real estate, the form to the franchisor ’ s agent should insert the clause! 24 hours of subject to the buyer fail to remove all the conditions before the Disclosure Statement does incorporate! Financed like a million dollars, are usually of relatively low value, even if a to. Any known problems with a prospective buyer ROWP ) a potability certificate same circumstances Bridgewell real estate payable! Or communicating information about a specific region of the assignment land ; and discharge the lien or... Expiry date to correspond to underlying mortgage [ email protected ] to start a conversation misrepresentation or concealment pertinent! All documentation necessary to list the parking stall/storage locker to approval of the mortgage had! Fill in the buyer can still go forward with the buyer receiving a of... Often quite different — water Conservation practices being the deposit is typically only in the same as in contract! Search clause should be negotiated with a value of the date the Seller is uncertain about any of the will!, time shares, vehicles, boats, and use our detailed real estate payable... ( 2 ) of the Superintendent of real estate, right of first refusal is a risk of not the! Important take-aways history of the Rules to keep copies of the ( select either real estate clauses bc or )...

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