real estate | Purvis Culbert Law

Are you a Landlord or a Tenant looking for information? Check out this site

Posted on 6 October 2017 by Tim Culbert

I attended a Continuing Legal Education session this week on Real Property Law and one of the presenters was the newly named “Chief Residential Tenancies Officer.” I must admit that I had no idea that the Office of the Rentalsman had been recently renamed as the Residential Tenancies Tribunal. The website for this tribunal has lots of information that can be helpful if you are a tenant or a residential landlord. What is especially helpful are the various forms and resources, which include Form 6 – Standard Form Residential Lease. I highly recommend that both landlords and tenants spend some time navigating this site and taking advantage of the many resources contained within the site. Here is a link to the site: https://www.snb.ca/RTT-TLL/E/RTT-TLL_E.asp

Curious Case: The Squires, The Fitzpatricks and…. a Coyote Head?

Posted on 3 August 2017 by Tim Culbert

Here’s a curious case I wrote about years ago on a personal blog. It’s strange enough to warrant repeating here.

Background: For 20 years, 60-year-old Bill Squires and 75-year-old Anna Squires maintained a close relationship with their neighbor, Mary Fitzpatrick. In 2006, however, Ms. Fitzpatrick passed away and her son, David, became the Squires’ new neighbor.

Details: Friction between the Squires and David began shortly after Ms. Fitzpatrick’s funeral. The Squires had lent photos of Ms. Fitzpatrick to David for display at the funeral and, despite multiple polite requests, the Squires’ photos were never returned. The neighbors’ relationship continued to deteriorate and when the parties disagreed over the care of a strip of grass between their properties, the feud – which could have once been classified as a neighborly dispute – escalated to passive-aggressive outbursts and death threats.

Particularly disconcerting was the morning of November 12, 2007, when the Squires stepped out of the front door of their home to find a dead coyote on the hood of their car. The Squires reported that, when they walked out and saw the horrifying scene, David appeared to wait patiently nearby in his own vehicle. When they looked at David, he drove away slowly, while displaying a satisfied grin on his face.

Outcome: Reportedly, the “first strain” (over the Squires’ photographs of Ms. Fitzpatrick) was amplified due to David’s already-existing feud with his sister, Shelley, over their mother’s estate. When the severity of their situation with David escalated, however, the Squires pressed charges.

The Squires reported the coyote incident to the police and provided video and audio recordings that captured David threatening the Squires. In response, David turned himself in (although he denied having anything to do with the dead coyote) and he was arrested for harassment.

When police officials lost the Squires’ video and audio recordings, the Crown decided not to proceed to trial and the charge against David was withdrawn. The Squires sold their home and moved on with their lives; meanwhile, David filed a civil suit against the Squires and his sister, Shelley, for “malicious prosecution and conspiracy”. Ironically, it was after David had started the new action and the Squires made a counter-claim that the Court finally heard the Squires’ case.

David’s original claims were dismissed and Judge Stinson of the Ontario Superior Court found that David was responsible for leaving the dead coyote on the Squires’ car and that he intentionally aspired to inflict mental distress on the Squires. The judge ordered David to pay the Squires over $166,000 in damages, a lifetime ban of contact with the Squires, additional costs to cover the Squires’ extensive legal fees, and additional funds to cover Shelley’s costs.

Curious about the Case? Check it out for yourself:

5 tips for home buyers prior to closing!

Posted on 27 March 2017 by Tim Culbert

In the 1986 movie, the Money Pit, a young couple move into a home that is terribly dilapidated. While falling down stairways and leaking bathtubs in this movie are enjoyable for comedic value, no one enjoys these things when they happen to you!

A home is the single largest purchase most people will ever make. Therefore, it is important to take the time to investigate your purchase prior to closing and not be pressured by lawyers, real estate agents or family members. Also, you should be careful not to fall in love with a home (too much) prior to proper inspection. You may be excited about your new home, but if you choose to waive your inspection, miss defects, or close on an “as is where is basis,” disaster may follow. For example, in Anderson v. Lawrence, 2013 NBQB 21, Justice Morrison of the Court of Queen’s Bench of New Brunswick heard the home purchasers’ claim against the vendors’ for negligent and fraudulent misrepresentation. The purchasers suffered serious water damage in their basement and the ceilings in the main floor of the house caused by a leaky roof.

The purchasers had viewed the property prior to purchase and saw water in the basement and detected a musty smell, but were assured by the vendors and a real estate agent that the problems had been solved. There were also issues with the septic system. Finally, the purchasers received 17 acres of land rather than 34 acres, as the vendors represented.

The Court in Anderson, supra held that the vendors both negligently and fraudulently misrepresented the water leakage and the size of the land. As a result, the Court ordered the plaintiffs were entitled to $24,339.49 for costs of repairs and $13,070 for the value of the missing 17 acres of land in addition to interest and legal costs.

This case is a helpful lesson to purchasers of homes to be extremely critical before committing to a purchase. It’s easy to end up with your own version of a money pit! Here are some helpful tips to assist you with the purchase of your home:

1. Hire a licensed property inspector. The cost ranges from $200-$500, but will be worth every penny if your inspector finds issues that you may not be able to see with your own eyes;

2. Use checklists to evaluate the condition of the home. Here is a link to a helpful checklist that you may wish to use to evaluate the condition of the home. As stated in the checklist, it should not be relied upon nor be a replacement for a certified home inspection. We make no representations or warranties about the accuracy of the information either, but believe it is a helpful starting point;

3. Attend the inspection with your licensed inspector. Make sure you attend the home with your inspector and ask lots of questions;

4. Read the inspection report carefully and discuss with you inspector, legal counsel and real estate agent;

5. Research the inspector. Not all inspectors are created equally. Take the time to ask potential inspectors questions about their experience, qualifications, costs, etc.

Tip of the Week! Budget early for costs related to property purchases

Posted on 5 August 2016 by Tim Culbert

The Real Property Transfer Tax Act requires purchasers of property to pay a one-time tax upon purchase of a property in New Brunswick. On April 1, 2016, the real property transfer tax increased from 0.5 per cent to one percent of the assessed value of a property or the actual purchase price, whichever is higher. This can result in significant increases in closing costs for purchasing a home. For example, transfer taxes on a home purchased for $150,00o would have been $750.00 prior to April 1, 2016. After this date, the transfer taxes would be double at $1,500. In addition to other closing costs (registration fees, title searches, etc), disbursements related to property purchases can feel unpredictable and overwhelming if you are purchasing a property for the first time.

TIP: Budget early for costs related to property purchases and take the time prior to committing to a purchase to speak with your lawyer about possible costs! This can help you avoid unnecessary stress leading up to what is likely the single most expensive investment most people will make–your home!