Real Estate Fraud

The offence of fraudulently selling real estate is outlined in section 387 of the Criminal Code.

A person commits the offence of fraudulently selling real estate when they sell land or buildings knowing they have an unregistered prior sale or a present unregistered grant, mortgage, hypothec, lien, or encumbrance.

Examples

Person A has just sold their home to person B, but before this sale is registered, person A also sells the property to person C.

Offence Specific Defence(s)

Not Unregistered

Where all prior sales of the land or building are registered and any existing grants, mortgages, hypothec, liens, or encumbrances on or of the land or building are also registered, the person selling the land may not have completed the offence of fraudulently selling real estate.

No Knowledge

Where the person does not know there is an unregistered prior sale or a present unregistered grant, mortgage, hypothec, lien, or encumbrance on or of the land or building they are selling, they may not have completed the offence of fraudulently selling real estate.

No Sale of Property

Where the person does not sell the land or building but rents it out or only offers it for sale, for example, they may not have completed the offence of fraudulently selling real estate.