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What steps should a potential lender consider when lending, and how does the foreclosure process work? How much time is a borrower allowed before a lending can foreclose on a property? These questions and more are presented by Iven Tse in this segment, with questions from the audience regarding the operation of joint tenancy in real estate, taxation of property being transferred before and during probate, and enforcement of claims after a division of family assets.

止赎,私人贷款和房地产 潜在贷款人在贷款时应该考虑哪些步骤,以及取消抵押品赎回权流程如何运作? 借款人在贷款可以止赎房产之前允许多长时间? Iven Tse在这一部分提出了这些问题以及更多问题,其中包括观众关于房地产联合租赁的运作,在遗嘱认证之前和期间转让财产的税收以及在分割家庭资产后执行索赔的问题。

The new BC Speculation and Vacancy Tax came into effect, causing a lot of confusion and uncertainty as to how the tax applies in different situations. From various fact patters provided by numerous callers, Iven Tse and Host Jeffrey Chiu attempt to unravel and apply the law, touching on the topic of “Satellite Families” and “Non-Arms Length Relationships” Which distinguish this tax from the Vancouver City Vacancy Tax.

新的BC投机和空置税生效,对税收在不同情况下如何适用产生了很多混乱和不确定性。 根据众多来电者提供的各种事实模式,Iven Tse和主持人Jeffrey Chiu试图解开并应用法律,涉及“卫星家庭”和“公平租客”这一主题,将此税与温哥华市空置税区分开来。

The legalization of Marijuana has many impacts on non-users and every day laws - such tenancy agreements and strata by laws – that landlords, property managers and the general public should be informed. The questions of how much, when, and where, are addressed in this segment, as well as calls from listeners on residential and commercial tenancies, and landlord guarantor requirements.


Thinking of starting your own business? Wondering if you should incorporate or operate as a sole proprietor? Running the business with one or more partners? Iven Tse discusses various aspects of running your own business, including whether or not you should run your business through a corporation rather than through a sole proprietorship, and the value of having either a partnership agreement or a shareholder agreement to run the business if you have more than one business partner.

想開創自己的事業? 想知道您是否應該作為獨資經營者加入或經營? 與一個或多個合作夥伴開展業務? Iven Tse討論了經營自己業務的各個方面,包括您是否應該通過公司而不是通過獨資企業經營業務,以及如果您擁有合夥協議或股東協議來經營業務的價值 不止一個商業夥伴。

What are some important financial consequences to consider when it comes to real estate purchases? Iven discusses the tax consequences of assignments, when property transfer tax is payable, what is title insurance, and the relationship between fundamental breach and disclosure statements in pre-sale contracts.


In this program: What are the sellers and buyer’s responsibilities when it comes to disclosing, and investigating problems relating to real estate? For the buyer, the key rule is “buyer beware” meaning it is the buyers’ job to inspect and to satisfy themselves about the condition of the home they are buying. For the Seller their main duty of disclosure is to advise the buyers about latent defects that they know about – latent defects are those that cannot be discovered through a simple inspection - especially those that would render the home uninhabitable or make it dangerous to live there. Iven Tse discusses these rules, and the consequence for not following them, including the consequences for making a ‘reckless misrepresentation'


Recent legal changes requiring the combining of the Ministry of Health’s Care Cards (Carecard) with the Motor Vehicle’s BC Driver’s Licenses (BCDL) mean that when there is a conflict between the names, the applicant must legally change their name to match the BCDL’s name. This affects many immigrant Chinese from Hong Kong, where hyphens and English names appear on one but not the other. Iven Tse discusses the implications, how to legally apply for a name change, and the benefits of consolidating one’s aliases.

最近的法規變更需要將衛生部的醫療保健卡(Carecard)與BC駕駛執照(BCDL)結合在一起,這意味著,當兩個卡上的姓名不一致時,申請人必須依法更改其名稱以符合其BC駕駛執照(BCDL)上的名稱。 這影響到許多來自香港的移民,如連接號(hyphens)和英文名字出現在其中一張證件但卻不在另一個證件上。 謝國星律師(Iven)討論此涵義,如何依法申請姓名更改以及合併別名的好處。

How do you protect your estate plan under your Will from being challenged after you die? Having your Will be honored is not that simple, especially if you decide to disinherit people whom you are obligated by law to provide for, such as spouses and children. Find out the factors used by the courts to vary a Will in this podcast.


Tune in to hear important facts about succession planning, including what happens when some dies without a Will, and rules about dis-inheriting beneficiaries under the relatively new BC Wills, Estates, and Succession Act.


Last year, a class action lawsuit was launched against the BC government on behalf of foreign buyers opposed to the foreign buyer’s purchase tax. What is a class action lawsuit, how it may help litigants, and what are the obstacles towards a class action claim? Iven Tse introduces the topic and takes various calls from listeners, with one call relating to parental claims on a divorcing couple’s assets in the area of family law.


Going to small claims court? Iven Tse advises on the current procedure, rules, and qualifications for small claims court that are available to the public, including Summary Trials, Simplified Trials, Court Ordered Mediation, and then the Trial itself, including some differences with Supreme Court Litigation such as awards for reimbursement of legal fees for the losing party and how these are calculated.


Iven Tse introduces the topic of representation agreements - instruments that that allow a person to appoint a "representative" to make decisions for him or her with respect to health care choices, from medical treatment such as drugs and surgeries, to choice of care providers such as doctors or care homes. How they are different than powers of attorney, why they are important, and how Living Will are no longer valid in BC, are some of the questions explored in this podcast.


Have you purchased a home, and later discovered problems that were not disclosed before your purchased it, or which were not discovered by your home inspector? Iven Tse discussed the concept of “Latent Defects”, which are problems that could not have been discovered through a simple inspection, and “Patent Defects” which are problems that could have been readily discovered through an inspection, and the legal options that result from each kind of defect.


The holiday season prompt many people to go out and enter into gym and fitness contracts to lose the weight they gained over the holidays, but they often regret it afterwards, and sometimes personal circumstances change and they do not know what to do. Iven Tse discusses the BC laws that apply to such contracts, called Continuing Service Contracts, including the “10 day Cooling Off” period stipulated by the law, the “30 km Relocation” rule, and the one year cancellation rule when the contract is missing terms required by the law.


Winter brings many weather related issues to the forefront of landlord-tenancy disputes. Iven Tse addresses a few of the recurring problems, such as: Owner, Strata, or Tenant Liability for injuries caused by snow and ice on sidewalks; bounced rent cheques and collecting against an absconding tenant; and the Landlord responsibilities for repair of furnace system in residential homes.


Consider incorporating a company to run your business? Iven Tse discusses the benefits of incorporating a company, which includes protection from personal liability, income splitting among shareholders, and facilitating silent investors, among other benefits. The cons include the filing of two tax returns - one for the corporation, and one for the personally for the business owner(s) – and annual filings at the BC Corporate Registry. Call-ins include questions from the audience about how to pursue claims against a company declaring bankruptcy, and defaulting tenants on commercial leases.


Oct 8 2016 - The BC Government's 15% foreign buyer property tax may cause some buyers to walk away from their contracts. But who can keep the deposit? Iven Tse discusses the concept of frustration and repudiation in real estate deals on the verge of collapsing


Sept 17 2016 - Residential Landlord and Tenant Issues, Various Topics In this podcast, various listeners call in with their questions on residential tenancy law, family law, nuisance and creditor's remedies. Topics and questions include (a) deadlines to start a lawsuit; (b) what to do when a tenant is engaging in illegal activity; (c) fraudulent transfers of property and family law; (d) factors to consider in suing a dissolved company; (e) claiming nuisance against neighbours draining water; and finally (f) the effect of personal debts on property before and after marriage.


Topic: What are the pros and cons of purchasing a franchise, as opposed to opening your own business? Iven Tse discusses what factors should be considered when purchasing a franchise, including royalties fees, sub-leases, preferred suppliers, location, trademarks, and restrictions on competition.


Topic: Wills and Estates What should you consider in making your Will? From choosing the right executor to the right beneficiaries and even what to say in your Will in order to disinherit a potential beneficiary, Iven discusses these topics and answers calls from listeners on real estate, residents tenancies, and commercial issues.


There are three main ways: through a Will, through gifts during one's lifetime, and through Trusts. Iven Tse discusses each of these, in particular how a Trust may operate to distribute wealth over time and the rules for a Trust. A trust can be called a Trust Agreement or a Trust Document

有三種主要的方式:通過遺囑;通過一生中的禮贈;通過信託財產。謝國星律師為大家討論以上每一項,特別是一個信託財產如何可以運作隨著時間的推移將財產做分配及其信託財產的條例規矩。 信託財產可被稱作信託合同或信託文件。

Iven Tse discusses topics relating to creditor-debtor relations, including what to include in loan agreements, how bankruptcies and fraudulent transfers of assets can be attacked, or assets frozen, accounts garnished, or liens registered


In this segment, Iven Tse discusses important factors to consider when buying commercial real estate, including important contractual terms, taking over existing commercial leases, and the importance of an environmental reports, investigating liens on commercial assets, and commercial inspections.


In the recent media was a story about a real estate purchase deal where after the contract was signed, the buyer sold his contract to another buyer, who subsequently sold it again to the eventual buyer. The result was that the eventual buyer paid substantially more than the original contract price to buy the home, leading to allegations of an artificial escalation of purchase price through a practice called “flipping.” In this show, Hosts David Shum, Jeffrey Chiu, and Iven Tse discusses the myths, realities, and implications of this practice, legally called an “Assignment of Contract,” including it’s tax consequences and it’s impact on the market value of the home.

最近媒體有一則關於房地產買賣的報導:合同簽訂之後,買家把合同賣給了另一位買家(即­出售其買房權),而第二位買家則把合同又賣給了最終買家。其結果是,雖然賣家所得為原­合同列明的價格,而最終買家卻以比原合同價高得多的價格購買了這座房屋。這種稱作“炒­房”的手法被指導致房價人為飆升。在本期節目中,主持人David Shum、Jeffrey Chiu和Iven Tse將討論這種在法律上稱作“合同轉賣”手法的虛實與含義,包括其稅務後果及其對房­屋市場價值的影響。

Whether buying a strata property or a detached home, Iven Tse discusses important considerations, such as the hidden and expected costs involved (for example, taxes like the GST and The BC Property Transfer Tax, and out of pocket expenses like surveys, title insurance and \property tax adjustments) and what to do before buying (for example , doing a home inspection or reviewing the past two year minutes or bylaws of the Strata).


What kinds of debts can be extinguished, and which ones continue? Who gets priority among the creditors for a share in the bankrupt’s estate? What is the role of the Trustee in Bankruptcy? Iven Tse discusses these questions and more on today’s program.

什麼人可以申請?申請人怎樣可以得到此保護?哪種債務可以得以取消, 而哪種要繼續?在破產者的個人全部資產中什麼人可從多個債權人中得到優先權的那一份?在破產事件中受託管理人的作用是什麼?謝國星律師在今天的節目中和你探討這些問題。

What is the criminal rate of interest? What should you look for in assessing adequate collateral for a loan? When is a loan deemed to be a gift? Iven Tse discusses the necessary terms for a proper loan agreement, and common obstacles in involved in collection actions such as foreclosures.

何爲過多的利息?哪些東西適當用來當的擔保物?貸款猶如禮物?謝國星律師討論正式貸款協議的必要條例和常見的收集障礙, 比如丧失抵押品赎回权.

Legal rights that a strata council The recent filing in BC Supreme Court petition by a strata council to stop a strata owner from smoking in his unit highlights the tension between individual property owner rights versus majority strata owner rights. Iven Tse discusses his insights on this case, in terms of the legal rights that a strata council may have to regulate what happens inside an individual owner’s home, including the proper steps needed to enforce bylaws and the chances for success


Iven Tse discusses defamation - who can sue for it, when someone can sue, and what are some defences against such a lawsuit. Social Media has made the risks more prevalent nowadays, but separating truth and facts from opinion and vindictiveness has been an age old challenge.


In the recent media, an Ontario Hdyro One employee was fired after making lewd on-air remarks to a television reporter during a soccer game. How far can Employer go to dismiss employees for non-work related comments? What is considered as just cause for firing an employee in BC? Iven Tse discusses these and other questions relating to employment law in BC, including constructive dismissal and severance pay laws.


In the news: a landlord in a Burnaby apartment complex issues an order for pet DNA samples from tenants. Are landlords allowed to require this? The issues of pet restrictions, eviction notices, unpaid rent, and other landlord – tenant issues are addressed in this podcast.

新聞裡提到: 一名本拿比公寓房東向房客們要他們寵物的DNA樣本。房東有權利這樣要求嗎? 此次播客談及房東與房客之間的寵物限制,逐出通知,未付的房租,以及其它的爭議。

Iven (or lawyer Tse) discusses common disputes for condominium or townhouse owners such as disputes over who has responsibility to pay for repairs to limited common property such as balconies and roofs, and situations of uneven disbursements of contingency reserve funds when an owner commands a majority of votes on the strata council.


Iven Tse provides and in depth discussion about important terms to consider in a commercial lease, such the right to assign and the option to renew the lease, the concept of Triple Net Lease as opposed to a Gross Lease, the mechanisms to determine fair market rent in a renewal lease, and the problems of staying on after a lease expires such as double rent and notices of termination.


Iven Tse introduces important topics relating the purchase of a business, including what to look for in a commercial lease, such as rent and renewal clauses, what to look for in a commercial purchase contract, such as the allocation of price, due diligence investigations, list of included equipment, and restrictions against the seller to compete with the buyer after purchase.