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Report a real estate development marketing complaint
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Accordion items
BCFSA regulates real estate development marketing to help ensure developers provide the following when you purchase a new home:
- Provide an accurate disclosure statement
- Safeguard your deposit
- Provide a no-fault seven-day right to rescind the purchase agreement
When to contact us
If you believe a real estate developer has not followed the Real Estate Development Marketing Act, we want to hear from you.
What we can’t investigate
- Disputes or issues regarding purchase agreements
- Delays in returning deposits if purchase agreements are rescinded or cancelled
- Forms of advertising or representations outside of the disclosure statement (scale models, brochures, verbal representations)
- Disputes or issues with the strata council or other strata lot owners
- Disputes or issues between landlords and tenants
Why is evidence important?
We are required to open investigations and make decisions on verifiable evidence, not assumptions or personal statements alone.
Evidence allows us to:
- Determine whether a real estate developer may have breached REDMA, the Regulation, or Policy Statements
- Ensure that our actions are fair to everyone involved
- Make decisions that stand up to legal and administrative review
When filing a complaint with BCFSA, please ensure you are prepared to submit all relevant evidence. Complaints that lack sufficient evidence or that fall outside of BCFSA’s authority will be closed, and complainants will be notified that the complaint has been closed.
Complaint examples
The following examples are meant to help you understand the types of concerns BCFSA can investigate, and your options if your complaint doesn’t fall within our authority.
Scenario #1
The pre-sale unit purchased from the developer did not include some features that were to be included in the purchase agreement, such as air conditioning. You also discovered that the deposit was not held in trust with the developer’s lawyer in accordance with REDMA and the purchase agreement.
When we can investigate: BCFSA can investigate if the deposit was not held in trust as required by REDMA or was used without entering into a deposit protection contact with an insurance provider.
Next Steps: Gather all relevant documentation you can and submit a complaint to BCFSA
When we can’t investigate: BCFSA does not have jurisdiction to deal with contractual disputes in respect of a purchase agreement, such as the air conditioning not being included with the pre-sale unit.
Next steps: you may wish to seek your own independent legal advice.
Scenario #2
The disclosure statement provided by the developer for a pre-sale unit did not disclose that the development was built on soil contaminated with toxic industrial waste and not remediated as required under environmental laws. You have asked BCFSA to investigate the developer and to have the purchase agreement terminated.
When we can investigate: BCFSA can investigate if the disclosure statement or any amendments misrepresented material facts such as the condition of the soil or other environmental matters affecting the development property.
Next Steps: Gather all relevant documentation you can and submit a complaint to BCFSA
When we can’t investigate: BCFSA does not have jurisdiction to deal with contractual disputes and cannot assist a purchaser in having the purchase agreement terminated.
Next steps: you may wish to seek your own independent legal advice.
Ready to submit your complaint?
First, ensure you have taken the following steps:
- You discussed your concerns with the developer and documented the discussion
- You confirmed that BCFSA is the correct organization to handle your complaint
- You have evidence to support your complaint. This may include the purchase agreement, the disclosure statement and any amendments, and correspondence with the developer.
YES: I have completed these steps and am ready to submit a complaint.
Submit a Complaint (will open in a new tab)NO: I’m not sure if BCFSA can address my complaint.
BCFSA’s Practice Standards Advisors can help explain the responsibilities of real estate developers when marketing their properties.
Learn More About Practice Standards Advisors (will open in a new tab)NO: I prefer to file a complaint that doesn’t include my name.
If you don’t have evidence, or if you prefer not to proceed with a formal complaint but believe BCFSA should be aware of an issue, you can submit your concern using our anonymous complaint form.
Make an Anonymous Complaint (will open in a new tab)
Legislation
BCFSA enforces the following real estate development marketing legislation and rules: