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Salt Spring Island Real Estate

MLS homes for sale by Scott Simmons

Salt Spring Island Trust Land Use Zoning bylaw 355

February 17, 2018 By Scott Simmons Leave a Comment

On Salt Spring Island the Island Trust is responsible for our local zoning.  You can find our zoning info here at the Salt Spring Island Trust LUB 355. The bylaw has maps that cover every part of the island.  Believe it or not every few months or so I get an email from someone saying they want to go somewhere where this is no zoning and go off grid.  I usually let them know they are about 40 years late.  The zoning bylaw covers all and is just being upgraded with the new industrial zoning(2018).  As with the case below states, one has to check the zoning before they leap.  Don’t just go on someone else’s word do check for yourself and know what you’re getting into and what will be legal at the place you want to buy on Salt Spring.  Cheers Scott

Below is provided by BCREA and is interesting to read.

WHO SHOULD VERIFY ZONING?

Oana HyattIn the recent case Laidar Holdings Ltd. v. Lindt & Sprungli (Canada) Inc., 2018 BCSC 66, the real estate brokerage advising the tenant was found 70 per cent liable for failing to verify the zoning. The tenant had walked away from a lease for commercial premises after the City of Vancouver refused to issue permits for the tenant’s proposed use on the basis it did not comply with the applicable zoning. The landlord sued the tenant to recover its losses. The tenant countersued alleging the lease was void, and also blamed the two real estate brokerages (one in Toronto and one in Vancouver) that had assisted it in the lease negotiations.

The landlord’s agent and lawyer and the tenant’s lawyer and contractor all gave evidence at trial, although they were not sued. The tenant’s requirements for the commercial premises were unusual. The tenant required approximately 3,000 sq.ft. of space in an industrial area, of which 1,000 sq.ft. would be for a seasonal chocolate discount retail outlet, and the remaining space for warehousing additional chocolate stock for distribution to other retailers.

The Toronto real estate brokerage had assisted the tenant in locating similar premises in other cities, and was aware of the zoning difficulties in finding suitable premises in those cities. The tenant’s Vancouver real estate agent located the subject property on Terminal Avenue. It was zoned I-2 permitting “light industrial uses including but not limited to warehousing, storage, distribution, and wholesale” as well as “automobile retailing (conditional) and servicing.” Retail was only allowed as ancillary use, which an expert testified meant up to one-third of the gross floor space.

The tenant’s Toronto real estate brokerage prepared the Offer to Lease, assuming and without confirming that the Vancouver agent had confirmed the zoning was appropriate for the tenant’s intended use. The Vancouver agent had not confirmed the zoning was appropriate, and assumed that a condition would be included in the Offer to Lease allowing the tenant more time to investigate zoning. This was not done. The tenant’s lawyer assumed the real estate brokerages had dealt with the zoning issue.

Upon attempting to obtain permits to renovate the premises, the tenant’s contractor was advised the city would not approve retail use for half the space. The tenant chose to walk away from the lease, without making any investigations into what the city would allow, and without attempting to sublet the space or otherwise limit its damages.

The court held that, as between the landlord and the tenant, it was the tenant who bore the risk with respect to zoning for its intended use. Therefore, the tenant was liable for breaching the lease, and was ordered to compensate the landlord. In respect of the tenant’s claim against the real estate brokerages, the court held that the Vancouver brokerage was not liable, as he had a very limited role that did not include drafting or negotiating the offer to lease. The Toronto brokerage was 70 per cent liable because it had drafted the Offer to Lease, had assumed without confirming that someone else had verified the zoning was acceptable, and had not made appropriate inquiries as to the zoning nor included any subject conditions to allow the tenant to further investigate zoning. The tenant was 30 per cent liable for its own losses, including being held responsible for the failures of its solicitor and contractor to properly advise it as to zoning.

A REALTOR® acting in a transaction where zoning may be an issue shouldn’t simply assume that their client’s lawyer or contractor will deal with zoning. It’s always good practice to confirm instructions in writing, to document any advice given respecting zoning, and to consider including a subject condition in favour of the tenant or buyer, allowing them time to investigate zoning issues.

Oana Hyatt
B.Sc.(Pharm), LL.B.

“Copyright British Columbia Real Estate Association. Reprinted with permission.” BCREA makes no guarantees as to the accuracy or completeness of this information or the currency of legal information.

Filed Under: Buy house on Salt Spring, Salt Spring construction Tagged With: land use bylaw salt spring, salt spring island trust

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CRITICAL BUYING INFO

Two things buyers should know before they offer:

Price History

Total time on market

Forms for the new BC Real Estate rules
Disclosure-of-Representation-in-Trading-Services
Agreement-Regarding-Conflict-of-Interest-Between-Clients
Disclosure-of-Risks-to-Unrepresented-Parties
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Salt Spring Real Estate Market Report

If you are looking for Salt Spring Island Real Estate it would be well worth your time to check out my Salt Spring Market Report pages.

To help you search for a Salt Spring home for sale I have two systems you can use.  One is a map based mobile search system for tablets and/or phones. This system works really well if you are on Salt Spring, as it will automatically show you properties as you drive around the island.

The other system is a data base (Advanced MLS system or PCS) for laptops or desktops.

These two systems display information in real time, which allows you to view new listings within one second of them coming on the market. You will also find the “sold” prices of homes, as well as other useful information.

Radio Real Estate Shows

TV show Realty Reality on Salt Spring

So glad shooting for the new Real Estate TV show “Realty Reality” is over. It was a lot of work. It all looks so easy on TV but in reality it was not easy. I think they were waiting for the “moment” to happen. You know the big fall down the steps or fall of […]

Home inspection on Salt Spring Island

Home inspection on Salt Spring Island happened yesterday at a 42 year old log home. To accomplish the home inspections the buyer brought in a  Home Inspector, Geo-technical Engineer and a local Salt Spring contractor. Jeff the home inspector tells the story about the bag of Gold he found in an attic; gold story How […]

Salt Spring home face lift

My clients bought this dated salt spring home a month ago and are upgrading it.  The home was built in 1996 and is structurally 100% perfect.  It seams as if the original owner skimped on the finishing.   The main up grade Alex Denny (salt spring master carpenter) will be doing for the owners is re-finishing […]

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Packing Tips for Busy Home Sellers

Packing correctly can simplify the burden of the entire process for a household and potentially their moving company. By packing smart, using proper protocols, and paying attention to the details, things can be ready to go far before the movers arrive and ready to unload upon arrival. Here are some tips for busy home sellers […]

Salt Spring rental homes by the numbers

I get many people asking me about buying a rental home on Salt Spring and usually spend a lot of time answering all their questions.  So in this post, I hope to cover some of the factual information. Here are the typical questions and basic answers; What is the rental market like on Salt Spring?  […]

Salt Spring Housing Crisis explained

Is Salt Spring in the middle of a housing crisis?  It all depends on who you talk to and what one defines as a crisis. If you move to Salt Spring and have limited funds and are looking to rent a home at about $1000 per month your probably out of luck.  There are basically […]

Buying on Salt Spring Island

Salt Spring rental homes by the numbers

July 18, 2018 By Scott Simmons 2 Comments

I get many people asking me about buying a rental home on Salt Spring and usually spend a lot of time answering all their questions.  So in this post, I hope to cover some of the factual information. Here are the typical questions and basic answers; What is the rental market like on Salt Spring?  […]

Ban on Dual Agency BC

June 16, 2018 By Scott Simmons 2 Comments

On June 15th, 2018 the ban on dual agency just came into effect in BC. Here is a post I wrote about how the new rules will change the way I do business on Salt Spring New Rules for BC Real Estate As a continuation of the New Rules post, what happens if we are […]

New Rules for BC Real Estate

June 16, 2018 By Scott Simmons Leave a Comment

On the 15th of June 2018, the new rules governing BC real estate have come into effect. If you come to Salt Spring to look at homes and or land Scott will go over the form below and ask you if you would like agency representation and ask you to sign this Disclosure-of-Representation-in-Trading-Services as a represented part […]

Salt Spring Island Trust Land Use Zoning bylaw 355

February 17, 2018 By Scott Simmons Leave a Comment

On Salt Spring Island the Island Trust is responsible for our local zoning.  You can find our zoning info here at the Salt Spring Island Trust LUB 355. The bylaw has maps that cover every part of the island.  Believe it or not every few months or so I get an email from someone saying […]

Is an offer an sale?

January 26, 2018 By Scott Simmons Leave a Comment

This last month I had an accepted offer on a home and had a backup offer come in.  The backup offer was a very weak offer because the condition precedent (subject to clause) was so subjective.  It was subject to the buyer viewing and liking the lot.  Normally no one would take an offer like […]

More Posts from this Category

 

SALT SPRING NEWS

Salt Spring Housing Crisis explained

July 12, 2018 By Scott Simmons Leave a Comment

Is Salt Spring in the middle of a housing crisis?  It all depends on who you talk to and what one defines as a crisis. If you move to Salt Spring and have limited funds and are looking to rent a home at about $1000 per month your probably out of luck.  There are basically […]

Candidate for Regional Director CREA

March 7, 2017 By Scott Simmons Leave a Comment

I’m running for the position of board member Regional Director for BC for the Canadian Real Estate Association (CREA).  Below is my official platform after edits suggested by CREA lawyers. My name is Scott Simmons. I’m a REALTOR® on Salt Spring Island BC. If you go to the REALTOR.ca site and put in Salt Spring […]

CRD sewer and solid waste

January 23, 2017 By Scott Simmons Leave a Comment

The nuts and bolts of local goverment are really the non glamours basics of water, sewer and garbage (solid waste).   The CRD is the local service provider for Salt Spring.  On the night of 24 Nov 2016 Russ Smith Senior Manager, Environmental Resource Management for the CRD put on a waste presentation.  Here is a […]

Incorporation – A Third Option: Self-governance with contracted services

May 11, 2016 By Scott Simmons Leave a Comment

This was just posted on the Salt Spring exchange in 4 parts.  I have permission from John Gauld the author to publish this document on my Salt Spring web site;   SSI is known as a community that questions conventional practices and is creative and innovative in its response to community challenges. Perhaps the up-coming […]

Salt Spring’s new SSIWPA PAC

November 4, 2014 By Scott Simmons 2 Comments

If you live on Salt Spring you have to get used to all the acronyms.  If you have not heard of SSIWPA it’s because it’s new.   SSIWPA stands for Salt Spring Island WaterShed Protection Authority.  Today  was the first meeting of the SSIWPA PAC (Public Advisory Committee). The ideal behind SSIWPA is that it […]

 

Critical Salt Spring Buying Info

Ban on Dual Agency BC

June 16, 2018 By Scott Simmons 2 Comments

On June 15th, 2018 the ban on dual agency just came into effect in BC. Here is a post I wrote about how the new rules will change the way I do business on Salt Spring New Rules for BC Real Estate As a continuation of the New Rules post, what happens if we are […]

New Rules for BC Real Estate

June 16, 2018 By Scott Simmons Leave a Comment

On the 15th of June 2018, the new rules governing BC real estate have come into effect. If you come to Salt Spring to look at homes and or land Scott will go over the form below and ask you if you would like agency representation and ask you to sign this Disclosure-of-Representation-in-Trading-Services as a represented part […]

Sun Path Chart

Does the home get sunlight?

February 28, 2013 By Scott Simmons 1 Comment

If you’re planning to live on Salt Spring year-round, one of the most important things to consider when buying a property is SUNLIGHT. Do the neighbor’s trees or a mountain block the sun during the winter months?  According to Salt Spring real estate mythology, “If they buy in August, they will list in November and […]

Aggregate Days on the Market

January 2, 2012 By Scott Simmons Leave a Comment

What are “aggregate days on the market”? On the Victoria Real Estate board an agent can “Re-List” a property for a mere $25 fee.  An example would be if a home has been listed on the board for 180 days the listing can be taken off the market and then “Re-Listed” and appear to be […]

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