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To help protect buyers in the real estate market, the BC Government is enacting a mandatory three-day Homebuyer Protection Period (HPP). This process, previously called the three-day “cooling off period,” becomes effective on January 1, 2023.

Some people are unclear about how this works and the effect it may have on the housing market. If you have questions, contact the legal team at Bernard Lau and Co. to request a consultation.

Here is everything you need to know about the HPP/three-day cooling-off period.

What Is the New Three-Day Cooling Period?

The HPP, or three-day “cooling off period,” is a safety net for buyers to conduct their due diligence and re-consider their offer before their offer becomes binding. During these three days, potential homebuyers can perform due diligence such as scheduling inspections, confirm financing and decide whether to proceed with the purchase of the property.

However, to make things more fair to the seller, certain fees are payable if buyers make the decision to back out of a sale during the cooling period that is unrelated to any subject-clauses:

Cancellation fees

Buyers wishing back out of a sale must pay 0.25 percent of the purchase price, or $250 for every $100,000 of the price. This fee helps balance the interests of both the buyers and the sellers by compensating the seller in the event an accepted offer falls through, while preserving the buyer protection mechanism at a small cost to the buyer.

Backing Out of a Deal during the Cooling Period 

Homebuyers who no longer wish to purchase the property during the three-day cooling period should serve the seller with a written rescission notice in at least one of the following forms:

• email with read receipt
• registered mail
• fax
• personal service

The rescission notice must include:

• names and signatures of buyer
• name of the seller(s)
• address and description of the property
• date of notice

Note: Buyers will still be able to make offers conditional on home inspections or financing at any time. The Homebuyer Protection Period does not prevent buyers and sellers from negotiating the inclusion of traditional subject conditions and removal periods in their contracts. If subject conditions exist in a contract and are not waived, buyers could potentially walk away from accepted contracts without needing to pay the 0.25% penalty.

Your Real Estate Lawyer in Richmond

The 3 day cooling period is still very new and has not been implemented yet. Accordingly, there will be more answers in the coming months as the cooling period comes into effect. This article is only for information and reference purposes. You should not rely on any information in this article before consulting a lawyer or other qualified professional. Bernard Lau and Co. and its principals will not be liable for any damages resulting from the use of the information and you should obtain independent legal advice prior to acting on the basis of any information in this article.

The accomplished legal team at Bernard Lau and Co. can help you with your next home sale or purchase. Our team has the real estate and litigation experience to guide you through all stages of your real estate transaction, from negotiating the terms of the Contract of Purchase to collapsing deals. 

Call us at 604.285.5240 or complete our contact form to schedule a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

A disgruntled customer who was found to have defamed a B.C. wood products company in his Google and Yelp reviews has been ordered by a judge to pay $90,000 in damages.

Continue to read the full article on the Global News website here.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Buying a house is one of the most significant and costly purchases you will ever make. Because buying a house is often a long-term investment that can cost you a considerable part of your savings, you may want to ensure that you consult the proper real estate professionals before you commit to anything. Besides a real estate agent, hiring a real estate lawyer is also recommended.

Hiring a real estate lawyer is more than just hiring someone to read the fine print: a real estate lawyer can help safeguard your rights and interests before you commit yourself to a significant transaction such as a home purchase or sale. In this article, we discuss why you should consider hiring a real estate lawyer before you make or accept a real estate offer to purchase or sell your home.

1. A lawyer can help safeguard your interests

Just like a real estate agent, a real estate lawyer can help you safeguard your rights while buying or selling a house, but in different ways. While a real estate agent can help you find your dream house and negotiate a good price, a lawyer is trained to give you legal advice and can spot or address legal issues that may arise that a real estate agent may not be trained to do. A real estate lawyer works for you during the real estate process, representing your interests, and negotiating legal terms on your behalf. Your lawyer can assist you in navigating the complexities of real estate transactions and can function as a safeguard. Just like real estate agents, lawyers are obligated to act in your best interests and can help to give you additional peace of mind as you take the next step toward homeownership.

2. A lawyer can increase transparency

Someone needs to read all the documents and comprehend their contents before you sign them and agree to their terms. Hiring a real estate lawyer to review your real estate agreements and documents and aid in negotiations from the start of your real estate transaction can help ensure transparency so that you know what the transaction entails. You may rely on your lawyer to explain complex legalese, advise you on your legal rights and obligations, and ensure that your needs are properly communicated, represented, and documented during this process before you sign on the dotted line.

3. Real estate lawyers have legal experience

Your real estate lawyer may have experience handling a variety of real estate transactions. They should have a breadth of knowledge in real estate transactions, and they should thoroughly understand real estate laws that may help identify pitfalls or other legal issues that you may not have considered. It’s highly recommended to have legal support to help you navigate the real estate transaction and to minimize your legal risks in your real estate transaction.

4. A lawyer can help protect you from financial loss

A real estate lawyer can help protect you against financial loss. For example, if the house is discovered to have severe problems, such as mold, a leaky roof, or even an oil tank in the yard, a sales contract without legal protection clauses addressing these problems can be quite costly for the buyer. Engaging a real estate lawyer can help protect you through their suggestions of various legal options that you can consider before you complete the transaction. A real estate lawyer may even help negotiate the inclusion of the terms of sale in the contract so that the buyer can be protected if problems are discovered. The earlier you act, the more options you may have to remedy these problems. As the Latin saying goes in real estate law, it’s a caveat emptor, or buyer beware.

Are you looking for a real estate lawyer in Richmond?

If you are looking for a real estate lawyer in Richmond, contact us at Bernard Lau and Co. Our team is ready to answer your questions, help you resolve real estate legal issues, and assist you in your next real estate transaction.

Call us today at +1.604.285.5240 or contact us at info@bernardlau.com

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Real estate purchases are complex transactions that involve several steps. The purchase and sale agreement, or contract, is often the central document prepared for the sale. It outlines key terms, such as sale price, for both the buyer and seller. This document is legally binding and should be reviewed carefully before signing.

Given the risk involved in such a substantial investment, you may want to seek advice from a professional with knowledge of and experience in real estate. That’s where a real estate lawyer comes in. Without consulting a lawyer, you could, for example, make a deposit payment on your dream home and commit yourself to the property before you have taken legal steps in the contract to protect yourself. Remember, a contract is a negotiable document between the buyer and the seller, and you may want to be aware of legal options that you have available to you before you commit to the transaction. Real estate lawyers can help you reduce the risk of buyer’s remorse by advising you of certain terms that you may wish to be aware of or to include in the contract that can provide assurance to you even after the property completes and transfers to your name.

Here are some reasons to consult a real estate lawyer before signing your contractꓽ

A real estate lawyer protects your interests

The most important reason to get a lawyer to review your contract is that your legal advisor looks out for your interests. A lawyer can explain any legal ambiguities and intricate details which may be confusing. Understanding the contract will help you to advocate for better terms. A lawyer also ensures that the conditions are fair to you and help protect your investment. While a real estate agent can help you find your dream home, your real estate lawyer can help you view the home from a legal and more objective perspective.

Saving money

Real estate lawyers’ consultation fees are likely less expensive than the costs of negotiation and litigation if problems crop up after the completion. The cost of having your agreement reviewed beforehand is significantly lower than the time and expense that you may need to incur after you’ve already committed to purchasing the property.

Furthermore, real estate purchases typically involve large sums of money. Costly mistakes can arise if the transaction is not properly conducted. A lawyer helps ensure that the contract includes contingencies to help you to avoid these mistakes. These contingencies may include your right to inspection and appraisal, financing, or even a review of the property’s history and strata minutes.

Risk reduction

Having your real estate contract reviewed thoroughly before signing helps you identify possible risks and helps to prevent surprises later in the process. Real estate lawyers ensure that judgments on title or title defects are appropriately disclosed, helping to mitigate the risks involved. Your real estate lawyer may suggest certain steps to take in order to reduce the risk of existing issues such as the discovery of an oil tank, roof leakages, or anything significant which may impact the value and liveability of your property after the completion. Retaining a real estate lawyer to review your contract will help you understand what you’re getting with the purchase and may help reduce the risk of future litigation.

Peace of mind

Real estate is the largest investment many people make in their lives. Given the size of the investment, naturally, it can be a stressful process. Having someone who can review the paperwork and provide advice and guidance helps mitigate this stress. Although a real estate lawyer isn’t always required for a property purchase, it is beneficial to have a legal advisor to explain the legal complexities of the property transaction.

Buying or selling property in Vancouver

When buying or selling property, the benefits of having a good real estate lawyer are innumerable. If you are buying or selling property and seeking legal advice or an office to help with your conveyance transaction, contact Bernard Lau & Co. Our team of legal professionals will provide guidance and protect your interests. Our firm has a strong reputation for delivering high client value. Let us help you achieve your real estate dreams. Contact our office at (604) 285-5240 to schedule a consultation today.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.