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As of January 3, 2023 the new Home Buyer Rescission Period (otherwise referred to as the ‘Cooling Off Period’), become a mandatory step in most residential real estate transactions across B.C.
Prospective purchasers of most property types now have a three-day window after their offer is accepted to withdraw from a purchase agreement no questions asked. This rescission period is separate from any condition precedents contained in the offer, such as inspection, approval for financing or other conditions.
This period will include a rescission fee of 0.25% of the purchase price, or $250 for every $100,000, for those who choose to back out of a deal within those first 3 days after acceptance. For example, if the purchaser exercises the right of rescission on a $1-million home, they would be required to pay $2,500 to the seller within 14 days.
As of January 1, 2023, the Federal Government of Canada has implemented a two-year ban on foreign ownership of residential property across Canada. Properties that fall under this category include:
This new regulation prohibits property sales to those not classed as a Canadian citizen or permanent resident as well as any commercial enterprises that are not incorporated under Canadian Law.
The Government has however announced certain exemptions to this new ruling. Some of these include:
As of January 1, 2023, the Federal Government has imposed a new tax regulation on any profits generated from a sale of property that has been owned for less than 12 months. House flippers, beware!
This new tax law will disallow the use of the Principal Residence Exemption (PRE), and any gain realized from the sale will be taxed as business income, not as a capital gain. Homeowners will need to prove to the Canada Revenue Agency (CRA) of any exception.
This new measure comes into effect to help cool off demand throughout the market, but also comes with potential exceptions such as death, breakdown of a relationship, serious illness or disability, relocation for work, or insolvency/bankruptcy.
Kevin Arcuri & Layla Precious
Mobile: Kevin 250.354.2958
Phone: Layla 250.354.3369
Fax:
Coldwell Banker
593 Baker St Nelson, BC V1L 4J1