Legal Defence Fund Application Form

The purpose of BCREA’s Legal Defence Fund (LDF) is to aid REALTORS^® by supporting litigation or providing legal assistance for issues of provincial significance.

BCREA’s Legal Defence Fund Committee evaluates applications requesting assistance through the Legal Defence Fund, considering the strict criteria that must be met for a case to be accepted and funded.

• Managing Broker and Member Board or Association Support: REALTORS^® applying to the Legal Defence Fund must obtain the support of their managing broker and member board or association.
• Significance of the Matter: The Committee will evaluate the importance of the matter to a substantial number of REALTORS^® in BC and determine whether it could impact future decisions of the regulator or the law.
• Impact on Professional Standards: The Committee may evaluate how the outcome of the case might provide clarity, or impact professional standards and best practices, and whether support from the Legal Defence Fund would help establish a precedent for future cases.
• Merit of the Case: The Committee may consider the overall merit of the case, such as the strength of the evidence supporting the REALTOR'S^®/managing broker’s claim. The Legal Defence Fund will not be used to defend REALTORS® for obvious infractions but rather for issues affecting Real Estate Rules and Regulations.
• Strong Cases: Only very strong cases with a high probability of a successful outcome will be considered for Legal Defence Fund support. The objective is to have favourable outcomes and implement regulatory changes for the benefit of the profession as a whole.
• Availability of Alternative Funding: The Committee may consider whether alternative funding sources are available to the applicant, such as insurance policies or other legal funding programs, and if funding from the Legal Defence Fund would increase the probability of a successful outcome.
• Timeliness: The Committee may consider the timeliness of the application, including how soon the matter needs to be resolved and the potential consequences of any delays.
• Public Interest/Perception: The Committee may evaluate the public interest and or public perception in the case, including how it might affect the wider community beyond the REALTOR^® and the managing broker.

If the application is approved, the BCREA Legal Defence Fund Committee will approve the selected defence counsel and determine if they have experience in the area and if they are the best counsel to represent the industry.

Applications may be submitted for financial assistance for the following:

• Legal costs for litigation, disciplinary or regulatory matters, and legal or practice issues and that are of provincial significance.
• Any other costs related to litigation relating to provincially significant issues including but not limited to travel expenses, and consulting fees.

The Legal Defence Fund is NOT designed to provide support in cases:

• that affect only specific parties involved and that don’t have provincial implications.
• that are matters of local member boards or within their jurisdictions.
• that are based on remuneration.

Interboard disputes are handled through Interboard Arbitration.

The Legal Defence Fund Committee will confirm approval from the Managing Broker.

The Legal Defence Fund Committee will confirm approval from the Member Board or Association.

Please submit the completed application form along with other supporting documents. Please ensure that any supporting documents do not contain personal information that you are not authorized to share.

Below is a general overview of the process and additional steps or communications may be required as circumstances dictate.

• Application is initiated via submission form through BCREA Access. (username and password required)
• BCREA staff will conduct an initial review of the submission to ensure it aligns with the criteria for support.
• BCREA will follow up with the applicant and/or their managing broker with questions to better understand the circumstances surrounding the event.
• BCREA staff will follow up with legal counsel, who will provide further analysis of the viability of this issue(s) and make a recommendation to the Legal Defence Committee.
• The Committee will convene a meeting to deliberate and confirm that it is a qualified situation and to determine the value of assistance to provide (if any).
• The Committee decision will be communicated to the applicant.
• BCREA will prepare a Support Agreement with the applicant to include:
  • Terms of the agreement, rights, responsibilities, confidentiality, and other legal matters.
  • Details on the support and the funding to be provided.
  • Details of how the issue may be escalated if the fees surpass the approved funding, and,
  • Applicant will select defence counsel, subject to approval by BCREA. If approval is not granted, BCREA will select appropriate legal counsel and will only provide funding to the approved legal counsel.
• Funds will be dispersed to the approved legal counsel.

Approval of financial assistance may be made conditional.

At each point in the process, it may be decided not to pursue the matter further. Such a decision will then be formally communicated to the applicant.

Each time an appeal decision has been rendered; the applicant may submit a written request to BC Real Estate Association for additional financial assistance for the next stage in the appeal process. At that time, the process begins anew, and BC Real Estate Association will determine whether it will offer further financial assistance.

If you require additional information or assistance, please contact [email protected].

• BC Real Estate Association collecting the personal information provided herein and any additional personal information that may be sought by, or provided to, BC Real Estate Association in relation to this application (the “Personal Information”);
• BC Real Estate Association using the Personal Information to review and investigate this application;
• BC Real Estate Association disclosing the Personal Information to Legal Defence Fund Committee Members (which includes outside legal counsel and other individuals who are not employed by the BCREA), BC Real Estate Association staff members, legal counsel, member real estate boards, and such other persons as may be deemed necessary for the review and investigation of this application.

I understand that BC Real Estate Association may impose conditions on its acceptance of this application, including, but not limited to, my consent to BC Real Estate Association publishing details of the facts relating to this application and any outcome or resolution of the matters relating to this application. I understand that BC Real Estate Association will use reasonable efforts to avoid disclosure of any facts identifying me or my brokerage but that it may not be possible for BC Real Estate Association to avoid disclosure of all such facts.