Is a contract to purchase a lot of land for sale not illegal?
British Columbia, Canada
The following excerpt is from Chambers v. Pennyfarthing Dev. Corp., 1985 CanLII 498 (BC CA):
Under head D “Legality of the transaction”, I agreed with the appellants’ submission that this contract is not illegal. Earlier under head B “Subdivided land”, I quoted a passage from the judgment of McFarlane J.A. in Lawson v. Utan Ent. Ltd. That passage includes this sentence: Expressed in another way, I think the section is intended to declare unenforceable, as against a purchaser, an agreement to purchase a lot or parcel but is not apt to render unenforceable an agreement to purchase a number or group of lots forming a subdivision.
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