Real Estate

How long should I wait between signing a contract to buy a house and taking possession?

When buying a new home, there are a lot of moving parts to consider. While looking ahead to a new home is very exciting, carefully consider the time you will need to get it all done. Think about the sale of your current home (if applicable), as well as the time needed to get a […]

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I have purchased a home and I will take possession next month. I drove by the house yesterday and I noticed that shingles have blown off the roof. Can I withhold money from the purchase price until the roof has been repaired?

Unless you have already negotiated a hold back in your Real Estate Contract, you cannot unilaterally withhold money from the cash required to complete the purchase. Immediately ask your lawyer to request a hold back with a specific time limit and specific conditions for the completion of the roof work. If the request for a […]

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Are you buying a condo in Alberta?

Owning a Condo can be great, but before you invest, make sure to do your due diligence! The following are a few of the many things to look for before signing that contract: The Condo Board Meeting Minutes– find out what has come up at past meetings; The Condo Reserve Funds– check the financial status […]

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I am selling my condominium and the Board has just resolved to issue a special assessment. Who is responsible for paying the special assessment?

Under the standard real estate contract in use in Alberta, you are. However, it is negotiable and be careful if there are installment payments due after your intended sale. Special assessments are generally issued top up an inadequate reserve fund or to pay for an unexpected expense. The buyer will enjoy those benefits.

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Should I add my children’s names to my property titles?

Adding children’s names to property titles may add complication instead of smoothing the way on your death. Adding children can sometimes trigger unanticipated tax consequences; for example, as presumably this property would not be your children’s principal residence, unintended capital gains could be assessed. Adding more owners now could also create obstacles to your own […]

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My father has lost his mental capacity. I am moving him into a seniors’ residence and I need to sell his house so I can support him. Can I do it for him?

If he has an Enduring Power of Attorney (“EPA”) appointing you as his Attorney, there shouldn’t be a problem as long as the EPA states that you can sell land. It doesn’t have to refer to the address or legal description of his house specifically.  Be sure the EPA is correct, because some generic on-line […]

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What is a Restrictive Covenant?

Simply put, it is an agreement with other landowners to do, or not do, certain things to your property. Such restrictions can include house colour, type of fencing, RV storage, commercial use, and the size and location of the house and garage. By the time you get to your lawyer to sign the closing documents, […]

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My spouse and I have separated and are in agreement on how we will deal with our assets and cash flow. Should I go ahead and put an offer on a new home?

We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]

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I would like to add one of my children to the title of my home as a joint tenant so that she receives it when I die. Is this a good idea?

There are at least 3 things you should think about. Consider that once you’ve done that, you can longer sell the home or borrow against the home without your daughter’s consent. This limits your independence.  Further, there may be an unintended tax consequence if your daughter already owns a primary residence. Finally you may be […]

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I live in a condo and my toilet overflowed, causing water damage to several units below me. The condominium insurance policy paid the claims, but the Board wants me to pay the $10,000.00 deductible. Do I have to pay?

It depends on what the condo bylaws say. If the bylaws are silent regarding deductibles, it is likely that you do not have to pay. If the bylaws impose liability on the owner in all circumstances, you are likely going to have to pay. If the bylaws say you pay only if you were negligent, […]

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What can I expect at an initial consultation with a lawyer?

This first meeting with a lawyer is an opportunity to do several things.  It allows you to: assess whether you and the lawyer are compatible to work together; learn about the different options and resources available to you to address your legal matter; obtain general legal advice; and create a plan for moving forward. A […]

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I’m buying an acreage and I want to make sure that the current owner removes their items and garbage, as discussed – what can I do to make that happen?

Finding your new home in less than stellar condition does not happen often, but when it does, it’s a difficult thing to deal with. The best approach is to be proactive when you are placing your offer to purchase. Include in the terms of sale that all refuse and items not specifically included in the […]

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We want to sell our house here in St. Albert which is held jointly with my husband. My husband has lost his mental capacity but he appointed me as his attorney to act on his behalf. The power of attorney was made and signed when we lived in Newfoundland. Can we complete the sale here?

As long as the power of attorney meets the requirements of a power of attorney in Newfoundland, states that it survives mental incapacity, meets the normal registration requirements here, references the sale of real property, and a lawyer writes a letter stating that it meets the above criteria, you may sign on behalf your husband […]

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My spouse and I have separated and are in agreement on how we will deal with our assets and cash flow. Should I go ahead and put an offer on a new home?

We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]

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I’m buying a home. I am talking to my lender and my lawyer about my down payment but they aren’t talking about the same thing. What’s up?

When you made your offer to purchase, you gave your Realtor a cash deposit and perhaps a second deposit when you removed your conditions.  In addition, there will be a cash shortfall requested by your lawyer. The cash shortfall is the total required to complete the purchase which will include tax and condo fee adjustments, […]

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If one of our appliances is listed in the real estate purchase contract as being sold with our home, can we replace that appliance with a different one before closing?

The answer is no. There is an expectation that the buyer will receive the same appliance as was in the home when the offer was made, unless otherwise specified in the real estate purchase contract. The contract also provides that the appliance will be in good working order on the day of closing. If problems […]

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What is a Real Property Report (RPR) and why do I need one?

A Real Property Report, drawn by a qualified surveyor, shows the location of all buildings and improvements on your property. You need this to get a letter or stamp of compliance from the City. And you will need to provide both of these things to the buyer if you are planning on selling your property, […]

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I have purchased a home and I will take possession next month. I drove by the house yesterday and I noticed that shingles have blown off the roof. Can I withhold money from the purchase price until the roof has been repaired?

Unless you have already negotiated a hold back in your Real Estate Contract, you cannot unilaterally withhold money from the cash required to complete the purchase. Immediately ask your lawyer to request a hold back with a specific time limit for the completion of the roof work. If the request for a hold back is […]

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Ask an Expert: Can I be evicted from my condominium even though I own it?

Yes. The Condominium Property Act gives the Court the power to make “any other order appropriate in the circumstances,” which would an include an eviction order when an owner’s conduct has been found to be improper. However, the conduct would have to be serious and the eviction might only be ordered after the condominium corporation […]

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Ask an Expert: I am buying a house in August. Who pays property taxes this year?

Taxes are levied  for the calendar year and are due June 30 in St. Albert. If paid in one lump sum by the seller, you will pay the seller your share of the year’s taxes though the lawyer’s Statement of Adjustments. If the sellers paid the taxes in monthly payments to the City, you will […]

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Ask an Expert: If one of our appliances is listed in the real estate purchase contract as being sold with our home, can we replace that appliance with a different one before closing?

The answer is no. There is an expectation that the buyer will receive the same appliance as was in the home when the offer was made, unless otherwise specified in the real estate purchase contract. The contract also provides that the appliance will be in good working order on the day of closing. If problems […]

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Ask an Expert: Is it a good idea to sell and buy a home on the same closing day?

While the actual moving day will be hectic, from your lawyer’s of view, it can be done. However, if for some unanticipated reason, your sale closing is delayed and the money is received late at your lawyer’s office, the money will not be available to complete your purchase. Your taking possession of the new home […]

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Ask an Expert: Why do I need a real property report and compliance when selling or buying a home?

If you are a seller, the standard real estate contract states that these are documents that you must provide to the buyer, unless set out otherwise in the standard real estate contract. These confirm that the building location warranties given by the seller in the contract are true. If you are a buyer, you will […]

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