Buying a property can sometimes feel like walking through a minefield.

One moment you’re excited about your dream home — the next, you uncover issues the seller conveniently forgot to mention.

Fortunately, buyers in British Columbia have legal protections when sellers fail to make full and proper disclosure.
Under BC’s Property Disclosure Statement (PDS) requirements and consumer protection laws, you may have the right to terminate your contract before completion — if you weren’t told everything you should’ve been.

Here’s what that means for you as a buyer in BC, and when you can legally walk away from a deal.

Understanding Buyer Termination Rights

In BC, disclosure isn’t optional — it’s a legal requirement.
When a seller provides incorrect or incomplete information in their Property Disclosure Statement (PDS), they could face serious consequences.

If key facts about the property are omitted, misleading, or inaccurate, buyers may have a right to cancel the contract before closing — even after signing.

This protection is rooted in principles found in the Real Estate Services Act, common law, and contractual misrepresentation principles.

When You Can Walk Away

There are two main situations where a buyer may have valid grounds to terminate:

✔ No Disclosure Provided:
If the seller fails to provide a completed Property Disclosure Statement before you sign, this may constitute a material omission. You may have a right to withdraw prior to completion.

✔ Inaccurate or Misleading Disclosure:
If the seller provides information that’s false, incomplete, or misleading about a material matter — such as a major structural issue, zoning restriction, or notice from a local authority — the buyer may be able to terminate based on misrepresentation or non-disclosure.

To rely on these rights, you typically must show that:

• The information was material to your decision to buy;

• You were not aware of the correct facts when you signed; and

• You would not have entered the contract had you known the truth.

A Practical Example

Imagine you agree to purchase a property in Vancouver.
The seller’s disclosure form fails to mention a City of Vancouver bylaw order requiring extensive repairs to a retaining wall — a $25,000 issue.

You later learn of the notice after the contract is signed but before completion.

Because the issue is material, undisclosed, and something that would have changed your decision, you may be entitled to rescind (terminate) the contract and recover your deposit.

When Termination Rights Don’t Apply

Buyer termination rights aren’t unlimited.
You generally can’t walk away for:

• Minor clerical errors or trivial omissions;

• Issues you already knew about before signing; or

• Matters covered under another law with its own specific remedies.

Always consult a real estate lawyer before terminating — acting without legal advice could expose you to breach of contract claims.

Key Takeaways for Buyers

✔ Don’t rely solely on the seller’s disclosure — do your own due diligence (inspections, strata documents, municipal searches).
✔ Keep written records of all disclosure documents and communications.
✔ If you discover new or conflicting information, seek legal advice immediately.
✔ You may have the right to terminate before closing — but you must act properly and within the contract terms.

Key Takeaways for Sellers

✔ Provide complete and accurate disclosure — if you’re unsure, disclose it.
✔ Review your Property Disclosure Statement carefully with your lawyer.
✔ Remember: good-faith disclosure reduces risk and builds buyer confidence.

Even unintentional misstatements can give buyers the right to terminate — or even claim damages — so always get legal help before finalizing your documents

Protecting Your Real Estate Transaction

At Venus Law Corp, we help buyers and sellers across British Columbia navigate real estate transactions safely and confidently.

If you suspect an issue with seller disclosure or need help exercising your termination rights, our real estate lawyers can guide you through the process — from document review to formal contract termination.

Don’t take chances with your property purchase — protect your rights before you sign.