A B.C. condo buyer must install her own EV charger despite being given a key document that incorrectly said a different, EV-equipped parking stall was included in her purchase, the Civil Resolution Tribunal (CRT) decided. The applicant, Chiu Fu Leung, said she relied on the parking stall information in the Form B information certificate.
Form B discloses information about a strata lot and strata corporation and is typically requested by potential buyers. The Form B had said Leung would get parking stall 91, which had an EV charger, when in fact the unit assigned Leung stall 90, which did not have a charger.
The online tribunal dismissed her claim of negligent misrepresentation in a July 10 decision by tribunal member Mark Henderson. The standard of care is that of a reasonable property manager, the tribunal wrote.
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A reasonable property manager is liable if they knew or reasonably should have known about an error in the Form B and failed to do anything to correct that error. Henderson found that Pacific Quorum Properties Inc. (PQP) breached the standard of care by failing to correct the parking stall assignment on the original Form B before sending it to Leung.
However, Henderson said the damages claimed were not a reasonably foreseeable consequence of the error in the Form B. The tribunal said Gillis, meanwhile, owed no legal duty of care to Leung. It dismissed the claim against Gillis.
Mohamed Mansour, a real estate expert in the Lower Mainland not involved in the case, told Business in Vancouver he has some concerns. “To indicate that it not being listed in the contract is one of the reasons why the person was unsuccessful in their claim is the troubling part of that decision,” he said.
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Mansour advised condo buyers to treat the Form B as a snapshot. “As we advise all our clients, if there is anything in particular, any features that are make-or-break, then it’s prudent practice to rely on the Form B but also crystallize that in the contract.”
Pacific Quorum Properties Inc. (PQP) told Business in Vancouver it doesn’t manage the property. They did not confirm they previously did so or provide further comment.
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