Consumer awareness took a step forward with the
announcement of new requirements for real estate contracts.
Following on a promise made by Premier Clark in March, as
of May 16, 2016 the government will require contracts prepared by real estate
licensees to include clauses stating that the contract cannot be assigned
without the written consent of the seller, and that any profit from an
assignment goes to the initial seller. Clients can instruct licensees to omit
or change the clauses.
"Real estate consumers now have a tool to help them
decide whether they want their contracts to be assignable," says BC Real
Estate Association (BCREA) President Deanna Horn. "Like many other
provisions in the contract, buyers and sellers have the option of keeping the
new paragraph, changing it or striking it out completely—but at least the
conversation is more likely to happen now."
BCREA supports the new requirements. To help consumers
and REALTORS® with the transition, the Association is adding the following
paragraph to the residential and commercial Contracts of Purchase and Sale:
The Seller and the Buyer agree that this Contract: (a)
must not be assigned without the written consent of the Seller; and (b) the
Seller is entitled to any profit resulting from an assignment of the Contract
by the Buyer or any subsequent assignee.
"Assignment" is the practice of someone
assigning their rights in a contract to someone else before the transaction
completes. In simple terms, someone can buy the right to step into the original
buyer's shoes to complete the contract. Assigning one's right to a contract is
a legitimate practice, allowed by common law and also by section 36 of the Law
and Equity Act.
Also today, Minister of Finance Mike de Jong announced
that, starting in June 2016, the provincial government will begin collecting
citizenship data of real estate owners through the Property Transfer Tax form.
"BCREA is pleased that the government will collect
this information, in which there is obviously a lot of public interest,"
says Association CEO Robert Laing. "Strong policy is based on solid
information, and we look forward to learning more about this aspect of the real
estate market."
Copyright BCREA – reprinted with permission