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  • 4 A person making an agreement, or assignment of an agreement, for sale of land, if the purchase price is payable by instalments or at a future time, must deliver to the person buying the land an instrument in a form, executed by the parties, that allows the title of the purchaser under the instrument to be registrable under the Land Title Act.

1979-340-4; 2016-5-Sch.6.


Refusal to Deliver Instrument

On a petition to foreclose a purchaser’s interest in an agreement for sale, a vendor sought a one-month period of redemption because the amount due under the agreement for sale with interest was approximately equal to the value of the property including its timber. In spite of the purchaser’s demands for a registrable copy of the agreement for sale, the vendor had for some time refused to deliver one. Without a registrable document, to which the purchaser was entitled under s. 4 of the Act, he was impeded in his efforts to refinance the property. It was therefore inequitable to grant a shortened period of redemption and the court ordered the usual six months (Chu v. Columbia River Ranches Ltd., 1986 CanLII 730 (BC SC)).