Real Estate and Commercial Leasing
Real estate and commercial leasing matters are a frequent source of business disputes which can often lead to a lawsuit. As a result, a considerable body of law has been developed in this area. Apart from setting out the legislation below, we have provided additional information on Commercial Leasing Disputes and the Real Estate Development Marketing Act known as REDMA. To learn more, please consult the Commercial Leasing Disputes section of this website or the Real Estate Development Marketing Act section.
For further information on other types of real estate disputes, please contact us.
Some of the key pieces of legislation to be aware of are:
- The Law and Equity Act, RSBC 1996, c 253: this statute stipulates that any contracts in relation to land must be in writing. (For example, the purchase or sale of a piece of property)
- The Real Estate Development Marketing Act, SBC 2014, c 41: this statute includes detailed requirements that apply to real estate development properties (including new subdivisions or condominiums). Some of the key provisions require disclosure statements to be provided to purchasers that comply with the requirements set out in the Act.
- The Homeowner Protection Act, SBC 1998, c 31: this act sets out regulations requiring that home builders provide mandatory new home warranty insurance coverage, as well as requiring builders to be properly licensed.
- The Rent Distress Act, RSBC 1996, c 403: this statute governs commercial leases and sets out the rules permitting a landlord to seize and sell a tenant’s property in cases where the tenant has failed to pay the rent.