Can a purchaser waive the provisions of Pt. 2 of the Real Estate Act?
British Columbia, Canada
The following excerpt is from Litwin Const. (1973) Ltd. v. Kiss, 1986 CanLII 1098 (BC SC):
There is a distinction between the public interest in regulatory statutes such as the Real Estate Act and the private rights which arise therefrom. The statement by Taggart J.A. at p. 238 of Eng-Choon v. Selby Property Invt. to the effect that a purchaser cannot waive the provisions of Pt. 2 of the Act, is limited to the public interest aspect thereof. However, he goes on to state that the private rights (s. 62) created by Pt. 2 may be waived by conduct or lost by execution of the contract.
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