Everything in Writing, Always

We are constantly reminded by the BC Real Estate Association and the courts that

in a real estate deal in BC the written document must accurately record the entire agreement. The failure to accurately and completely record the deal may leave a party unable to prove that there is a contract. Every important feature must also be certain, including financing arrangements.

Failure to do so will result in either party having reason to sue for breach of contract if they wish to wriggle out of it.  Too often I encounter individuals and realtors who either write up vague financing clauses or try to negotiate verbally.

My over 30 years experience has taught me to detail everything on the contract of purchase and sale; and all offers of either price or terms must be in writing.

These comments were sparked by the most recent issue of “Legally Speaking” discussing the recent BC Supreme Court decision in Bryjen Holdings Co. v. Pug Investments Ltd. (2008 BCSC 1152, [2008] B.C.J. No. 1615)