Posts Tagged ‘conveyancing BC’

Once an offer is accepted, the deal is not always finished right away. The period from an accepted offer to completion day is where the important details get handled, conditions are reviewed, documents are prepared, and both the buyer and seller work toward a successful closing. For many people, this part of the process feels quiet from the outside. In reality, a lot is happening behind the scenes. First, the Contract Becomes the Roadmap After an offer is accepted, the Contract of Purchase and Sale sets out the key dates and obligations. This usually includes: The accepted purchase price Deposit details Subject removal deadline Completion date Possession date Adjustment date Included items Any special terms or conditions The contract becomes the guide for what happens next. Buyers, sellers, real estate agents, mortgage brokers, inspectors, strata managers, lawyers, and notaries may all be involved depending on the property and contract terms. The Home Buyer Rescission Period May Apply In BC, many residential purchases are subject to the Home Buyer Rescission Period. This gives buyers three business days after acceptance to rescind the contract, with a rescission fee of 0.25% of the purchase price if they choose to do so. Weekends and holidays do not count as business days. This is separate from subject conditions. It is also not something buyers or sellers can simply waive under the standard Home Buyer Rescission Period rules. For sellers, this means an accepted offer may still carry some short-term uncertainty. For buyers, it provides a brief period to reconsider the decision, but it should not replace proper due diligence. Subject Conditions Are Reviewed If the offer includes subject conditions, this is usually the most active part of the process. Common buyer subjects may include: Financing approval Home inspection Strata document review Insurance approval Title review Sale of the buyer’s existing home Lawyer or notary review During this stage, the buyer works through the conditions written into the contract. If the buyer is satisfied, they remove subjects in writing by the deadline. If they are not satisfied and the contract allows it, they may choose not to remove subjects. This is where timelines matter. A buyer should not wait until the last minute to arrange financing, inspections, insurance, or strata document review. The Deposit Is Paid Once subjects are removed, the deposit is usually due according to the terms in the contract. The deposit is commonly held in trust by the buyer’s brokerage or another agreed-upon party. It forms part of the purchase price at completion. For buyers, this is a meaningful step because the deal is typically firm once subjects are removed. For sellers, this provides more confidence that the transaction is moving forward. Lawyers and Notaries Begin the Closing Work After the deal becomes firm, the conveyancing process begins. In BC, conveyancing is the legal and administrative process required to transfer ownership from the seller to the buyer. BCREA notes that this process is required to complete real estate transactions in BC and involves coordination between real estate professionals, lawyers, and notaries. The buyer’s lawyer or notary may review: Title Mortgage instructions Property transfer documents Statement of adjustments Insurance requirements Funds required to complete The seller’s lawyer or notary may handle: Mortgage discharge Sale proceeds Transfer documents Statement of adjustments Payouts and closing costs This is also when buyers should make sure their down payment funds are accessible and ready well before completion. The Statement of Adjustments Is Prepared The statement of adjustments accounts for costs that need to be divided between the buyer and seller. These may include: Property taxes Strata fees Rent, if applicable Utilities or local service charges Other prepaid or outstanding items The adjustment date is usually tied to when the buyer takes financial responsibility for the property. This helps make sure each party pays only for the portion of expenses that applies to their ownership period. Buyers Arrange Insurance and Final Financing Before completion, buyers usually need home insurance in place. If there is a mortgage, the lender will often require proof of insurance before releasing funds. For strata properties, buyers may also need to review the strata corporation’s insurance and arrange their own condo insurance. This is a key step that should not be left until the final day. Insurance issues can delay closing if they are not handled early. Sellers Prepare to Move Out For sellers, the time between acceptance and completion is about staying organized. This often includes: Confirming moving dates Cancelling or transferring utilities Preparing keys, fobs, remotes, and documents Leaving the home in the agreed-upon condition Removing items not included in the sale Coordinating final cleaning If possession is the same day as completion, timing can feel tight. If possession is the day after completion, the seller may have a bit more flexibility. Completion Day Transfers Ownership Completion day is when legal ownership transfers from the seller to the buyer in exchange for the purchase price. BCFSA explains that the completion date is stated in the Contract of Purchase and Sale, and this is the day legal ownership changes hands. On completion day, the buyer’s lawyer or notary sends funds, the seller’s lawyer or notary handles payouts, and the transfer is registered. Buyers do not usually receive keys the moment funds move. Key release depends on completion being confirmed and the possession terms in the contract. Possession Day Is When the Buyer Gets Control Completion and possession are not always the same day. BCFSA explains that possession is the day the buyer can move in or take control of the property, and it may be different from the completion date. For example: Completion may happen on Thursday Possession may happen on Friday at noon Adjustment may also be Friday This structure gives time for funds to clear, ownership to transfer, and the seller to move out properly. Why This Period Matters So Much The accepted offer gets the deal started. Completion day finishes it. The period between the two is where risk gets reduced, expectations get clarified, and the details get handled. A smooth closing usually comes from clear timelines, strong communication, and early preparation. For buyers, this means taking due diligence seriously before subjects are removed. For sellers, this means understanding that the deal still needs to move through conditions, legal work, and completion before it is truly finished. The better each side understands the process, the fewer surprises there are. Final Thoughts An accepted offer is an important milestone, but it is not the finish line. Between an accepted offer and completion day, there are several steps that protect both the buyer and seller. Subjects need to be handled, deposits need to be paid, lawyers and notaries need to prepare documents, financing must be finalized, and possession details need to be clearly understood. If you are buying or selling in Greater Victoria, having the right guidance during this stage can make the process feel much more manageable. For advice on buying, selling, or preparing for completion day in Greater Victoria, contact Faber Real Estate Group for clear guidance through each step of the process.   Liam G., 5-Star Review, via Google “The real estate market felt daunting, especially when it was our first time entering it. But, working with Scott made the whole process so much easier. He was really excellent at asking questions, showing us a variety of places, and helping us narrow down exactly what we were looking for. Scott was flexible, never pushy, and I really felt supported by him throughout! He made a big difference in helping us find THE place and we couldn’t do it without him. I can’t wait to work with Scott again in the future!” Faber Real Estate GroupRoyal LePage Coast Capital Realty📞 250-244-3430📧 [email protected]ℹ️ Scott Faber Personal Real Estate Corporationℹ️ Cal Faber Personal Real Estate CorporationVanessa Wood, Zachary Parsons, and Sophie Taylor“Building Lasting Relationships, One Home at a Time.”

When someone says a deal “collapsed,” that phrase can mean very different things in BC real estate. Sometimes a transaction ends because subjects were never removed. Sometimes one party cannot perform on a firm deal. Sometimes the problem is misrepresentation, mistake, or a frustrating event that makes completion impossible. BC real estate guidance groups collapsed deals into three broad categories: default or breach of contract, misrepresentation or mistake, and frustration. That distinction matters, because what happens next depends on why the deal fell apart and when it happened. First, Understand the Stage of the Deal Before completion, there are usually two very different scenarios: The contract never went firm because subjects were not removed in time The contract was firm, but one side failed or refused to complete Those are not treated the same way in practice or in law. BCREA notes that in the standard Contract of Purchase and Sale, if written notice removing subjects is not delivered by the subject removal deadline, the contract terminates. It also notes that the party benefiting from a subject clause must generally make good faith, reasonable efforts to remove it. So if a buyer has financing or inspection subjects and does not remove them properly by the deadline, the deal may simply die at the subject stage rather than become a true breach-on-closing problem. If the Deal Dies Before Subject Removal This is often the least dramatic type of collapse. If subjects are not removed by the deadline, the contract usually terminates under the standard BC form. However, many buyers assume that means the deposit automatically comes back right away. That is not always true. BCFSA states that if a contract contains subject clauses in the buyer’s favour and those clauses are not removed, the buyer does not automatically get the deposit back. Both parties generally need to sign a separate release, unless the buyer is exercising a statutory rescission right. That is an important operational point. Even when a deal ends cleanly, the deposit may still sit in trust until both sides sign release instructions or a court orders its release. BCFSA’s deposit guidance expressly says its rules cover how deposits can be released and what to do when deposits need to be returned. If the Deal Was Firm and Then One Side Cannot Complete This is where the consequences get more serious. BCREA says a default or breach commonly arises when: the seller no longer wishes to sell or cannot sell in accordance with the contract the buyer cannot complete, often due to financing or down payment issues the buyer no longer wants to complete one party breaches a contractual obligation, such as paying the deposit on time or delivering vacant possession where required BCREA also notes that a breach can be an actual breach or an anticipatory breach, where one side indicates by words or conduct that they do not intend to complete. That means a deal can effectively collapse before the closing date even arrives if one party clearly signals they will not perform. The Deposit Is Often the First Big Issue For most consumers, the first question is simple: Who gets the deposit? In BC, where a buyer breaches a firm real estate contract, the seller is often entitled to keep the deposit, and in some cases can even sue for an unpaid deposit amount. BCREA’s review of the BC Court of Appeal decision in Argo Ventures v. Choi says: a seller is entitled to retain the deposit when the buyer breaches even if the seller has no provable damages, the deposit can still be forfeitable a seller can sue for an unpaid deposit even after accepting the buyer’s repudiation of the contract BCREA also explains that remedies for default or breach may include entitlement to the deposit, damages, and occasionally specific performance. So in plain language, if a buyer walks away from a firm contract, the deposit is often not just “at risk.” It is often the seller’s starting remedy. The Deposit May Not Be the End of the Problem A collapsed firm deal can cost more than the deposit. BCREA states that in addition to retaining or claiming the deposit, a seller may also sue for damages that exceed the deposit. That can include losses such as: a lower resale price if the property later sells for less carrying costs during the delay extra strata fees, taxes, utilities, or financing costs other measurable losses caused by the breach The exact damages are always fact-specific, but the key point is this: losing the deposit does not necessarily cap the breaching party’s exposure. That is why a failed firm deal is much more serious than a subject-stage termination. Sellers Can Breach Too Most people picture the buyer as the one who fails to close, but sellers can be in breach as well. BCREA identifies seller-side default scenarios too, including where the seller cannot sell in accordance with the contract, such as not having enough proceeds to clear title, or failing to deliver required vacant possession. If the seller is the party in breach, the buyer may have claims as the innocent party. BCREA notes that remedies for breach can include the deposit, damages, and in some cases specific performance. Specific performance is not automatic, but it remains a possible remedy in some real estate disputes. Completion, Possession, and Risk Are Not the Same Thing One reason collapsed deals create confusion in BC is that the dates do not all mean the same thing. BCREA explains that in BC, possession is usually one to three days after completion, and that risk transfers at 12:01 a.m. on the completion date, even though closing itself usually happens later in the day. That means there can be awkward edge cases where damage occurs on the completion date before the transaction has actually closed. BCREA’s guidance says the answer depends on the facts and law, and best practice is for buyers to have insurance starting at 12:01 a.m. on completion while sellers keep coverage until after possession. For consumers, the practical takeaway is that a “collapse before completion” can intersect with title, insurance, risk, and possession in ways that are more technical than they first appear. Not Every Collapsed Deal Is a Simple Breach Case BCREA also highlights two other categories: misrepresentation or mistake and frustration. That matters because some deals do not collapse because someone simply changed their mind. A transaction may fall apart because: one side relied on a material misrepresentation both parties were mistaken about a fundamental term an unexpected event made performance impossible or legally pointless The legal result in those situations can be very different from a straightforward buyer default. What Homeowners Should Do Immediately If a Deal Starts Falling Apart If a deal looks shaky before completion, the most important steps are usually practical, fast, and documented. 1. Find out whether the deal is still conditional or already firm That changes almost everything, especially around remedies and deposit risk. 2. Review the exact contract dates and obligations BCREA notes that BC contracts treat dates seriously, and standard contract dates like subject removal, deposit due date, completion, possession, and adjustments all matter. 3. Do not assume the deposit will be released automatically BCFSA says deposit release often requires signed instructions from both parties unless a statutory exception applies or a court orders release. 4. Get legal advice quickly BCREA repeatedly emphasizes that collapsing deals are fact-specific and parties should seek independent legal advice. 5. Avoid informal side agreements If dates, obligations, or timing need to change, they should be properly documented. BCREA notes that amendments to dates like deposit, subject removal, completion, or possession can create real legal consequences. What This Means in Plain English If a real estate deal collapses before completion in BC, the result depends on whether: the deal was still conditional the deal was firm and one side breached the issue involves misrepresentation, mistake, or frustration the deposit has been paid and how it is being held either side suffered measurable losses Sometimes the outcome is relatively clean: the deal dies on subjects and both parties sign a release. Sometimes it becomes a full legal dispute over the deposit, resale losses, or failure to perform. Final Thoughts When a deal collapses before completion,yhe biggest mistake is assuming every failed transaction is the same. In BC, a conditional deal that never firms up is very different from a firm contract that one side breaches. Deposits may not be released automatically, and a firm-deal collapse can expose the breaching party to both deposit loss and additional damages. If you are dealing with a sale or purchase in Greater Victoria that looks like it may not complete, contact Faber Real Estate Group for clear guidance on next steps and when to bring in legal advice right away.   Matt, 5-Star Review, via Google Professional, knowledgeable and just stand up guys. Would recommend for all your real estate needs! Faber Real Estate Group Royal LePage Coast Capital Realty 📞 250-244-3430 📧[email protected] ℹ️ Scott Faber Personal Real Estate Corporation ℹ️ Cal Faber Personal Real Estate Corporation Vanessa Wood, Zachary Parsons, and Sophie Taylor “Building Lasting Relationships, One Home at a Time.”