Background:
Amir Pasha Pourdad, the purchaser, sued Luanjiao Liu, the vendor, for failing to complete the sale of a West Vancouver property because a Certificate of Pending Litigation (CPL) filed by Liu’s estranged husband, Yanming Guo, was not removed. Liu settled with Pourdad by paying him $160,000, but disputes persisted between her and the real estate brokerage Dracco Holdings Ltd., along with realtors Zi Ya Yang, Ziaomu Peng, and Kevin Gurniak.

Legal Issues:
Liu sought contribution and indemnity from Dracco and the realtors for the $160,000 she paid to Pourdad, arguing they were negligent in handling the sale. Dracco claimed that the settlement barred such a claim under a “BC Ferries” agreement. Liu further argued that the realtors breached their duties by providing incorrect assurances about the CPL’s removal. In a separate action, Dracco claimed $203,941.50 in commission, asserting that despite the failed sale, a legally enforceable contract had been formed. Additionally, Liu sought indemnity from Yang based on a personal promise made via text.

Judgment:
The court dismissed Liu’s third-party claims under the Negligence Act, holding that the settlement agreement precluded her claims. Dracco’s claim for commission was upheld, as the court found a legally enforceable contract had been formed. Liu’s claim for indemnity was also dismissed, as the text exchange did not constitute a binding contract. Despite Dracco's success, no costs were awarded to any party due to the realtors’ negligent communications.