REAL ESTATE (2006)

The Real Estate Services Act of BC (Bill 41 – 2004) was approved to update the previous Real Estate Act. This Act was written through recommendations brought forward by the Home Owner Protection Office by request of the Provincial Government.

There are two areas of importance for The Chamber and its members. First, the Real Estate Agents and Inspectors who are our members that deal with land transactions and Bill 41 on a daily basis. Second, the transfer of commercial property, especially non-industrial (office) property, is covered within Bill 41 as are the inspectors hired by firms using this service in the course of land transaction.

The Act itself clearly outlines the expectations of all professionals involved and trained in upholding the Real Estate Act and the transference of real property from one party to another. To that end, the current Act fulfills most of its mandate. Unfortunately there are areas that are still not addressed and are problematic for those professionals involved, and unfortunately the clients that are to be served.

The solution could be easily solved if there was a standard set for home inspectors that could be recognized. Although there is the Canadian Home Inspector Certification which is a designation provided by the CHAIP, there is also the ASTTCI which is a buildings and trades college which can produce quality inspectors, but not with the CHAIP designation. Even though the two bodies produce well qualified professionals capable of doing the job, Bill 41 does not recognize either or insist on an inspector having more qualifications than someone with no trades training. As a result many “inspectors” have no qualifications whatsoever and are creating problems for legitimate real estate transactions and to move property that will help advance BC’s economic growth.

THE CHAMBER RECOMMENDS

That the Provincial Government;

1. work with the Home Owner Protection Branch to amend Bill 41 to include definitions of qualified Home Inspectors;

2. ensures that Bill 41 provides the provision that all property subject to an inspection be carried out by a qualified professional as defined by #1 above; and

3. allow for a grandfathering of current certified inspectors within their current designation into the new Home Inspector qualifications