Real estate litigation representation grounded in more than 20 years of business and property law experience.
A real estate dispute can cause both sides considerable financial loss, whether it concerns a home, a commercial building, or a development site. When a transaction fails or ownership is contested, the consequences are rarely limited to a single issue.
Our Burnaby, BC real estate litigation lawyer can help protect your interests and bring the matter to a sound resolution. HS Law Corporation advises buyers, sellers, owners, and developers throughout Burnaby and the surrounding area. Our founder has practised business and property law for more than 20 years, and we welcome the chance to review your situation.
Real Estate Litigation Lawyer in Burnaby, BC
Real estate litigation is the process of resolving property disputes through negotiation, the courts, or other dispute resolution methods. These conflicts arise from purchase and sale agreements, construction projects, shared ownership, boundary lines, and the condition of a property. A dispute may involve a single residential transaction in Burnaby, or a commercial holding owned by several investors. It may also follow the death of an owner, where a property dispute overlaps with estate litigation.
A real estate litigation attorney works to protect your financial position and your legal rights to the property. We begin by reviewing the contract, the registered title, and the conduct that gave rise to the conflict. Based on this information, we identify the realistic options, which range from a negotiated settlement to a claim filed in court.
Types of Real Estate Litigation Cases We Handle in Burnaby
Real estate litigation covers a wide range of disputes, and the right approach depends on the property and the agreement at the centre of the matter. HS Law Corporation represents buyers, sellers, owners, lenders, and developers. The following are the real estate litigation cases we handle most often for clients in Burnaby.
- Purchase and sale disputes. Many conflicts arise when a residential or commercial transaction does not close as agreed, because one party refuses to complete it or disputes the terms. We pursue and defend these claims, including actions for damages and for completion of the sale.
- Deposit disputes. When a transaction collapses, the parties often disagree about who is entitled to the deposit. The answer depends on the contract and on which party caused the failure to close. We advise buyers and sellers on recovering or retaining deposit funds.
- Breach of contract and misrepresentation. A real estate contract sets out what each party agreed to do, and a seller is generally expected to disclose known material defects. When a property is not as it was represented, the buyer may have a claim. We assess the agreement, the disclosure statement, and the available evidence.
- Builders liens and construction disputes. Construction projects may lead to disagreements over payment, deficiencies, and delay. A builders lien can place a registered claim against the title to a property. We act on behalf of owners, contractors, and other parties in resolving these claims.
- Boundary and easement disputes. Neighbouring owners sometimes disagree about property lines, encroachments, or rights of way across the land. These matters turn on the title and the survey. We work to resolve them through negotiation or, where necessary, court action.
- Title and ownership disputes. Questions can arise about who holds an interest in a property and on what terms. Competing claims, errors on the title, and disputed transfers all fall within this category. We clarify and protect our client’s registered interest.
- Co-ownership disputes. Property held by more than one owner can become difficult when those owners no longer agree on its use or sale. We advise on jointly held property and, where appropriate, on an application to divide it or order its sale.
- Foreclosure and mortgage disputes. When a borrower defaults on a mortgage, the lender may begin foreclosure, and the borrower may have a defence or a claim of its own. We represent owners and lenders through the stages of a foreclosure proceeding.
Why Choose HS Law Corporation for Real Estate Litigation in Burnaby, BC?
Experience in Real Estate and Civil Litigation
Our founder, Hogan Song, has practiced business, corporate, and estate law for more than 20 years. He earned both his bachelor’s degree and his law degree at the University of Alberta, and he is a member of the Law Society of BC. Before advising clients, he owned and operated businesses across several industries, including commercial real estate, which means he understands property as an asset and an investment, not only as a legal file. Our business litigation lawyer in Burnaby, BC handles each real estate litigation matter personally and engages associate counsel when a file requires additional support.
Resolution Built Around the Property
A real estate dispute is a legal problem and a financial problem at the same time. We weigh every option against what it will cost in money, time, and the use of the property itself. In some matters the appropriate path is a negotiated settlement, while in others it is a claim filed in court, and we advise you directly on which approach fits your circumstances.
Understanding Real Estate Litigation Cases
Real estate disputes tend to follow recognizable patterns, and understanding how the law frames them, and how a case typically progresses, helps owners and buyers make sound decisions under pressure.
Rights, Remedies, and Resolution in Real Estate Disputes
The parties to a real estate matter hold rights that come from their contract, the registered title, and the general law of property. When those rights are breached, the law provides several routes to a remedy, and the remedy a court orders depends on the nature of the harm. Common options include:
- Damages that compensate the injured party for a measurable financial loss
- An order for specific performance, which requires a party to complete the agreed transaction
- An order that removes or corrects a disputed registration on the title
- The return or forfeiture of a deposit, depending on which party was at fault
- An order for the sale or division of a jointly owned property
Specific performance is not granted automatically. In a leading specific performance case, the Supreme Court of Canada confirmed that a court will order completion of a transaction only where the property is shown to be unique, so that money would not be an adequate substitute. Negotiation and mediation resolve many disputes without a trial, and when they do not, commercial litigation provides the route to a binding decision.
What Are Important Aspects of a Real Estate Litigation Case?
Several practical realities shape almost every real estate litigation case, and recognizing them early often reduces both cost and delay.
- The contract and the title set the starting point, because the agreement and the registered interests define what each party is entitled to.
- A certificate of pending litigation can be registered against a property, which gives public notice of a claim and affects any further dealing with the title.
- Where the property is held through a company, the ownership structure created at incorporation determines who controls the asset and who may bring a claim.
- Where two or more people own a property together, the conflict may need to be treated as a shareholder dispute or partnership dispute.
- Deadlines apply, because real estate claims are governed by limitation periods that affect the options available to you.
What Is The Real Estate Litigation Case Timeline?
No two real estate disputes move at the same pace, but most pass through a recognizable sequence of stages.
- The matter begins with a review, during which we examine the contract, the title, the survey, and the conduct in question.
- Many disputes are resolved at an early stage through direct negotiation or mediation.
- If negotiation does not succeed, a claim is filed in the BC Supreme Court, which begins the civil litigation process.
- During discovery, both sides exchange documents and answer questions under oath.
- The matter concludes with a negotiated settlement or a decision of the court.
Timing is not unlimited, because under British Columbia’s Limitation Act most civil claims must be commenced within two years of the day the claim is discovered. Some real estate claims involve shorter deadlines, so early advice protects your options and your evidence.
What Should You Bring to Your Real Estate Litigation Consultation?
A productive first meeting depends on the documents that you are able to provide. If you have them available, please bring the following:
- The purchase agreement, lease, or other contract at the centre of the dispute
- The title search, survey, or property disclosure statement
- Correspondence and emails that relate to the dispute
- A short written timeline of the key dates and events
A consultation with our office lasts approximately 30 minutes and is conducted by phone or video at no cost. We will tell you whether you have a claim worth pursuing and what the next step involves.
What Are Important British Columbia Legal Resources for Real Estate Litigation Cases?
Real estate litigation in British Columbia is governed by provincial property law and shaped by the decisions of the courts. The resources below are useful starting points if you wish to understand the framework before you contact a lawyer.
- The Property Law Act sets out many of the rules that apply to the ownership and transfer of land in British Columbia.
- The Builders Lien Act governs the lien claims that can arise from construction work carried out on a property.
- CanLII hosts Canadian court decisions and legislation, and it shows how judges have applied property law to actual disputes.
- The Province of British Columbia explains B.C. limitation periods and the steps in a civil claim in plain language.
These resources describe the law in general terms. They are not a substitute for advice on your own situation, where the specific facts determine the outcome.
Reach Out to HS Law Corporation to Schedule a Consultation
A real estate dispute rarely improves when it is left unaddressed, and obtaining advice early generally preserves a wider range of options. If you are facing a conflict over a property transaction, a construction project, or the ownership of land, our Burnaby real estate litigation lawyer can help you understand your position and your choices. Contact us to arrange a free 30-minute consultation by phone or video. HS Law Corporation will provide a clear and candid assessment of your options and the appropriate next step.
