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take developers to court, according to Gerald Miller, managing partner and head of the real estate practice at Toronto-based Gardiner Miller Arnold LLP. "There's lots of litigation over this type of thing and the consumer generally loses," he says. But Harry Herskowitz, senior real estate counsel at DelZotto Zorzi LLP in Toronto, says this is probably because purchasers didn't review their documents carefully Read at enough or failed to retain a solicitor when they originally signed the pre-sale agree- ment. When they get to court, he says, they are likely to find that the matters they are complaining about were adequately addressed in the disclosure documents. "Requiring even more disclosure will not necessarily add to the ultimate level of the purchaser's true understanding or com- prehension of the condominium issues involved," he says. Johnston, in Vancouver, agrees that TitlePlus_CL_Mar_10 2/11/10 12:54 PM Page 1 longer, more detailed disclosure docu- ments could be harder for purchasers to understand — if they bothered to read them. He says only two out of 200 clients he has seen on pre-sale matters actual- ly brought him the pre-sale documents before locking themselves into a deal. "People are, unfortunately, putting more thought into buying rain gear to go hik- ing than they are to a half-million-dollar condo," he says. That may not matter so much in B.C., however, because REDMA's consumer protection provisions are strong enough that it is the seller, rather than the buyer, who has the greatest reason to beware. Freelance journalist and business writer Kevin Marron can be reached at kevin@ kevinmarron.com. Everything you need Together we have all the tools The TitlePLUS® protect your clients from title risks.1 Program works with you to help With the right tools we assist you, through our legal serv- ices coverage2 , by reducing the inconven- ience of dealing with a loss as the result of an error or omission in your real estate transac- tions. To ensure your clients get the most compre- hensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® estate partner! real PROTECTION AS GOOD AS IT GETS 1-800-410-1013 1 titleplus.ca Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is a registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Manitoba, Alberta and Québec. 2 Excluding OwnerEXPRESS® policies and Québec policies. ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. www.CANADIAN Lawyermag.com M AY 2011 23 P artnership Ulansk doc/2011/2011bcsc83/2011bcsc83.html. y c W v. anlii.org/en/bc/bcsc/ ape Homes at ersc L t d.