Is a contract enforceable for the sale of a parcel of land for sale to a real estate agent?

British Columbia, Canada


The following excerpt is from Barber v. Shut, 2007 BCSC 1593 (CanLII):

In upholding the finding that the contract was enforceable the court referred to the case of Wightman v. Mattu, [1994] B.C.J. No 838 (B.C.S.C.) where the trial judge made this comment: Contracts for the sale of unsubdivided land impose unusual demands on realtors and solicitors. The uncertainty of the approval process, both with respect to approval itself and the length of time required to accomplish subdivision, creates a practical requirement that the issue of who is to bear the risk of delay or rejection be dealt with by the parties. Failure to do so is not easily solved by implication of a term that the subdivision will take place within a reasonable time. The absence of any agreement as to this important term is another indicator that the agreement reached between the parties was incomplete and contemplated a future agreement on the terms of their bargain.

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