Overview
Understanding Real Estate Disputes
Real estate is often the most valuable asset people own, and disputes involving property can have significant financial and emotional consequences. Real estate litigation in British Columbia encompasses a wide range of disputes, from failed residential transactions to complex commercial property issues.
Common real estate disputes include failed purchase and sale transactions (buyer or seller default), non-disclosure of property defects, boundary and easement disputes, strata disputes, construction defect claims against builders, landlord-tenant disputes, and co-ownership disputes. Each type of dispute has its own legal framework and remedies.
In BC, real estate transactions are governed by the Property Law Act, the Land Title Act, the Strata Property Act, and common law principles. The remedies available depend on the nature of the dispute and may include specific performance (requiring completion of a sale), damages, rescission, or injunctive relief.
Our Vancouver real estate litigation lawyers understand the complexities of property law and the high stakes involved in real estate disputes. We represent buyers, sellers, landlords, tenants, strata corporations, and property owners in all types of real estate litigation, from negotiation through trial.
Our Real Estate Litigation Services
- Failed Transaction Disputes
- Non-Disclosure & Misrepresentation Claims
- Boundary & Easement Disputes
- Strata Property Disputes
- Construction Defect Claims
- Landlord-Tenant Litigation
- Co-Ownership Disputes
- Builders Lien Claims
- Quiet Title & Adverse Possession
- Specific Performance Actions
Resolving Real Estate Disputes
Case assessment
We review the transaction documents, property records, and circumstances to assess the strength of your claim or defense.
Urgent relief
If needed, we seek urgent court orders such as certificates of pending litigation, injunctions, or orders extending completion dates.
Negotiation
We attempt to negotiate a resolution that protects your interests, whether that means completing the transaction or obtaining compensation.
Litigation
If negotiation fails, we proceed with formal court proceedings, including discoveries and preparation for trial.
Resolution
We work to resolve your dispute through settlement or trial, obtaining the remedy that best protects your property rights.
Frequently Asked Questions
What happens if a buyer refuses to complete a real estate purchase?
If a buyer refuses to complete, the seller can sue for specific performance (forcing the buyer to complete) or damages. Damages may include the difference between the contract price and the eventual sale price, plus carrying costs and other losses. The seller must mitigate losses by attempting to resell the property. The deposit is typically forfeited to the seller.
Can I sue a seller for not disclosing property defects?
Yes. Sellers have a duty to disclose material latent defects—defects that are not visible on a reasonable inspection and that make the property dangerous, unfit for habitation, or that a reasonable buyer would want to know about. If the seller knew about such a defect and failed to disclose it, you may sue for rescission (undoing the sale) or damages to repair the defect.
What is a certificate of pending litigation?
A certificate of pending litigation (CPL) is a court-registered notice that warns potential purchasers that the property is subject to ongoing litigation. It effectively prevents the owner from selling or mortgaging the property without the dispute being addressed. CPLs are commonly used in failed transaction disputes to protect a buyer's interest in the property.
How are strata disputes resolved?
Strata disputes in BC must first go through the Civil Resolution Tribunal (CRT), which has exclusive jurisdiction over most strata disputes up to $5,000 and some types of disputes with no monetary limit. The CRT process is online, faster, and less expensive than court. More complex or high-value disputes may eventually proceed to court.
What is a builders lien?
A builders lien is a claim registered against property by contractors, subcontractors, or suppliers who have not been paid for work or materials. The lien provides security for payment by encumbering the property. In BC, liens must be filed within 45 days of substantial completion of the work or termination of the contract. Lien claims must be pursued within one year.