When it comes to BC property sale legal requirements, emojis and casual emails wonât cut it.
Thatâs the takeaway from the BC real estate emoji case, a recent B.C. Supreme Court ruling where a developer tried to enforce a home purchase based on a counteroffer that was never formally signed.
The backstory: A deal that wasnât quite a deal
The case involved a dilapidated Saanich home owned by two brothers, Kyle and Matthew Garvey, and a developer named Daniel Ross who thought he had a deal to buy it for $769,000.
After a series of email exchanges, Ross believed he had accepted a formal counteroffer from the Garveys â even though the document wasnât signed by them.
Kyle texted him a đ emoji after Ross confirmed his acceptance, and Ross took that as a done deal.
BC Real Estate Emoji Case: No signature, no sale
The twist? The court disagreed.
Despite what looked like a friendly agreement-in-progress, Justice Brongers ruled that the counteroffer was never legally signed, either by hand or electronically, and therefore didnât meet the legal requirement for contracts involving land under B.C.âs Law and Equity Act. That means no binding contractâand no house.
A thumbs-up isnât a signature
âSending an email is not the same as signing an email, any more than mailing or faxing a letter amounts to signing a letterâ the judge in the BC real estate emoji case wrote. âAccepting that a contract can be âsignedâ by simply sending a thumbs-up emoji… is no different than accepting that a text containing just the word âyesâ constitutes a valid signature.â
The judge also pointed out that the brothers never provided a signatureâdigital or otherwiseâon the final offer documents. So, while Ross may have felt there was a deal, there wasnât anything legally enforceable to back it up.
The takeaway: Follow the rules, not the emojis
Bottom line? If youâre buying or selling property in B.C., make sure all parties formally sign the agreementâideally with legal help along the way.
And donât rely on emojis to do the talking.
Need help with a property sale or dispute? The Real Estate & Conveyance Team at Clark Woods LLP can guide you through even the most complex real estate dealsâthumbs-up not required.
đ Call us at (604) 227-7849 or visit clarkwoods.ca to book a consultation.