What is the test for enforceability of a contract in real estate transactions?

British Columbia, Canada


The following excerpt is from Chau v. Luk, 2006 BCPC 554 (CanLII):

In Beacock v. Wetter, [2006] B.C.J. No. 1416 at para. 48 it is stated that a contract can take various forms. It can be oral, written or inferred from the conduct of the parties but in respect of transactions involving the disposition of land, section 59(3) of the Law and Equity Act, RSBC 1996 Ch. 253 says that such a contract is not enforceable unless: (a) there is, in a writing signed by the party to be charged or by that party's agent, both an indication that it has been made and a reasonable indication of the subject matter, (b) the party to be charged has done an act, or acquiesced in an act of the party alleging the contract or disposition, that indicates that a contract or disposition not inconsistent with that alleged has been made, or (c) the person alleging the contract or disposition has, in reasonable reliance on it, so changed the person's position that an inequitable result, having regard to both parties' interests, can be avoided only by enforcing the contract or disposition. (4) For the purposes of subsection (3)(b), an act of a party alleging a contract or disposition includes a payment or acceptance by that party or on that party's behalf of a deposit or part payment of a purchase price.

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