Penticton Lawyer: Preston Mott
Real Estate   Mortgages  Wills & Estates  Business & Company Law

Buying or Selling Homes and Properties

Real Estate and the Law

There are many rules, regulations, laws and procedures that relate to “Real Estate", by which we mean land, buildings, orchards, farms, vineyards, homes, condominiums or "condos", commercial properties and essentially anything to do with the ground.

These laws and regulations are frequently referred to by categories, such as home ownership, leases, condos, developments and so forth.

In this section are some example that may be helpful.

Buying and Selling Property

The purchase and sale of homes, lots, business and development property is affected by many issues, including contracts and agreements, licences, registration, tax matters, municipal zoning and so forth. It is your lawyer’s responsibility to guide you through the process in a timely manner to a successful conclusion. Your lawyer should be selected and consulted at the outset to help you reach a successful conclusion.

Leasing (or Renting)

There are different rules for leasing residential property than for leasing commercial property. Being a Landlord or a Tenant each have special and extensive legal responsibilities. Carefully given legal advice and properly prepared lease documents should be provided to you by your lawyer.

Condominiums or Strata Properties

Until relatively recently (i.e., 50 years or so ago!), “real property” was land only and only land could be registered at the Land Title Offices in BC. Now an “apartment” can receive a legal title and be dealt with under the laws governing land. Special rules arew required for Strata Lots, both for their creation and construction. Developers and buyers will want to obtain careful legal guidance when developing, buying and selling strata property.

Other “Real Property”

It seems that governments at all levels enjoy regulating and taxing all forms of real property, so when considering becoming involved in buying, selling or otherwise dealing in such properties as farms, vineyards, orchards, ranches or commercial property, careful legal advice is essential.

If you would like more detailed information on this topic and other areas of law, you can refer to the extensive resources of the BC Branch of the Canadian Bar Association at www.dialalaw.org