随着2023新年钟声的敲响，加拿大BC省将开始实施一项备受瞩目且充满争议的房地产市场新政，即购房者保护期政策HBRP（Home Buyer Rescission Period）。该政策到底是怎样的规定，它又会为市场带来哪些影响？下面就由老白为大家带来详细解读。
早在2021年11月4日，BC省财政厅长罗品珍 (Selina Robinson)就宣布，政府计划实施置业者保护期政策，并责成BC省金融服务管理局BCFSA与主要利益相关者、专家进行协商。在八个半月后的今年7月21日，财政厅最终宣布将于2023年1月1日起正式实施该政策，以便让购房者有机会为其人生中一个重大的财务决定做好充分准备，以免因一时冲动而做出非理性决定甚至产生巨额损失。
购房者保护期HBRP（Home Buyer Rescission Period）又被称为反悔期、冷静期。在Accepted offer买卖合同双方签字之后的的三个工作日里，购房者被给与了更充分的时间来认真考虑该购房决定，并确保能够获得按揭贷款Mortgage或进行验房Inspection。如购房者最终决定撤销本次交易，则仅需支付合同购买价格的0.25%撤销费给卖家即可。举例来说，如果买家撤销的本次房屋交易价格为$100万加元，则仅需支付$2,500加元撤销费。
根据BC省房地产协会BCREA的数据显示，在BC省房地产市场火爆的2021年，超过70%的买家为赢得抢房大战而开出“无条件offer”，结果很多人在购房后才发现大量问题从而不得不承担额外的高昂费用。BC省财政厅长罗品珍 (Selina Robinson)称，“太多人为了能买得到房而不得不放弃验屋，而HBRP这一加拿大全国首创的置业者保护期政策是买家应得的、令之安心的重要一步，同时亦保障卖家的利益——无论是在今天还是未来的市场。”
Q1: What types of properties does the HBRP apply to?
A1: The types of residential real estate property that are subject to the legislation are as follows:
- A detached house;
- A semi-detached house;
- A townhouse;
- An apartment in a duplex or other multi-unit dwelling;
- A residential strata lot, as defined in Section 1(1) of the Strata Property Act;
- A manufactured home that is affixed to land; and
- A cooperative interest, as defined in Section 1 of the Real Estate Development Marketing Act, that includes a right of use or occupation of a dwelling.
Q2: Are there any exemptions to the HBRP?
A2: The following types of properties are excluded from the legislation and the rescission period does not apply:
- Residential real property that is located on leased land;
- A leasehold interest in residential real property;
- Residential real property that is sold at auction; and
- Residential real property that is sold under a court order or the supervision of a court.
The HBRP also does not apply to any purchase and sale of property under the Real Estate Development and Marketing Act (“REDMA”) where Section 21 applies.
Q3: Is my real estate licensee required to give me information on the HBRP?
A3: Yes. Your real estate licensee is required to make two disclosures regarding the HBRP Regulation. The first disclosure is made on the Disclosure of Representation in Trading Services Form which includes information for consumers on the HBRP Regulation at the outset of your agency relationship. If you are represented by a real estate licensee, they will also make second disclosure at the time they prepare or present an offer to you. an offer is made.
This disclosure will include the following:
- The fact that the right of rescission cannot be waived;
- The period during which the buyer may exercise their rescission rights;
- The calculation of the dollar amount that the buyer must pay to the seller;
- The requirement to return to the buyer the remainder of the deposit (if one is being held); and
- The exemptions to the right of rescission.
Q4: I am entering into a real estate transaction but am not represented by a real estate licensee. The party on the other side of the transaction is. Will their real estate licensee provide me with any information on the HBRP?
A4: Yes. The real estate licensee representing the other party will provide you with a form called the Disclosure of Representation in Trading Services which outlines that they are not representing you in the transaction. This form will include information about the HBRP and your rights that the real estate licensee will explain to you. If you are unrepresented, the real estate licensee will not provide you the second disclosure noted in the answer above.
Q5: When does my rescission period start and end?
A5: The rescission period begins the next full business day after an offer is accepted. For example, if your offer is accepted by a seller on Monday afternoon, your rescission period would end at 11:59 p.m. on Thursday. Should your offer contain subject conditions (e.g., financing, home inspection etc.), these will run concurrently with the rescission period. The rescission period DOES NOT begin after subject removal.
Q6: Do I have to provide a deposit with my offer?
A6: No. Please refer to the guide on deposits for information on when deposits are paid.
Q7: How does the seller collect the rescission fee?
A7: If you, as a buyer, happen to provide your real estate licensee with a deposit upon acceptance of your offer, and you exercise your right of rescission within the allowable period the real estate brokerage will pay the 0.25% rescission fee to the seller out of those funds and return the remaining deposit to you, the buyer.
If you have not provided a deposit with your accepted offer, you will need to pay the seller the required rescission fee directly or to your real estate licensee who may deliver the funds directly to the seller or the seller’s representative. Alternatively, you are able to provide the fee directly to the seller as well. If you fail to pay the rescission fee, the seller can file to recover the funds through the courts.
Q8: How do I notify a seller that I plan to rescind my accepted offer?
A8: If you choose to rescind your offer to purchase within the rescission period you or your real estate licensee (on your behalf) must serve notice in one of the following ways:
- By registered mail to the seller’s address that is set out in the contract of purchase and sale;
- By fax to the seller’s fax number that is set out in the contract; or
- By email, with a requested read receipt, to the seller’s email address that is set out in the contract.
The rescission notice must include the following:
- The address, the parcel identifier (PID) or a description of the property;
- The name, and the signature or electronic signature, of the purchaser who is exercising the right of rescission;
- The name of each seller who is a party to the contract; and
- The date that the right of rescission is being exercised.
Q9: Can my real estate licensee receive (for a seller) or provide (for a buyer) the notice of rescission?
A9: Many consumers do not wish to include their personal email or phone number on the contract of purchase and sale, and instead, the real estate licensee will include their information. Because notice can be sent to the email address provided in the Contract of Purchase and Sale, your real estate licensee can accept service (for a seller) or serve notice (for a buyer) on your behalf.
Q10: Does the rescission period apply to the purchase of an assignment?
A10: No. The rescission period does not apply to buyers purchasing assignments of contracts.