What are the obligations of the purchaser and the vendor of a property that was damaged by fire before closing?

British Columbia, Canada


The following excerpt is from Buckwheat Enterprises v. Shiu, 2001 BCSC 1727 (CanLII):

In Wile v. Cook (1986), 1986 CanLII 27 (SCC), 31 D.L.R. (4th) 205 (S.C.C.), with reference to a building that was damaged by fire before closing, the court described the obligations of the parties in this way: Unless otherwise provided by the agreement, the purchaser must go through with the purchase and pay the full purchase price. And he is not at common law entitled to the proceeds of any insurance on the property in the absence of express or implied arrangements for the purpose. ... I have no doubt that when damage ensues to the property subject to the agreement, such as occurred in this case, the purchaser is entitled to be granted time to sort out what he is to do, and he is also entitled to obtain the details of the insurance coverage from the vendor.

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