Real Estate Law
Our team has a broad base of experience with residential real estate, commercial real estate, condominiums, and mortgage financing in Edmonton, Spruce Grove, Stony Plain, Devon, St. Albert, Parkland County, Whitecourt and beyond. We have worked with many groups involved in the real estate industry, including buyers and sellers, construction companies, developers, landlords and tenants of commercial spaces and municipal bodies. Our legal team can assist you with selling or purchasing a home, developing condominiums, or purchasing space for your business.
Our law firm can assist you with:
- Buying and Selling Property
- Mortgages and Refinancing
- Subdivisions and Development
- Private Agreements and Contracts
- Property Disputes
THREE LOCATIONS TO SERVE YOU
Call 780-963-8181 to request your free real estate phone consultation now.
Stony Plain Office
102-5300 50 Street
Stony Plain, AB T7Z 1T8
10476 Mayfield Road NW
Edmonton, AB T5P 4P4
** Edmonton and Whitecourt offices by appointment only and all mail should be directed to our Stony Plain office.
4927 51 Avenue
Edmonton, AB T7S 1T5
Request Your Free Real Estate Phone Consult Now!
Please email us at email@example.com with your contact information and one of our lawyers will give you a call to discuss your upcoming real estate transaction. Or call us at 780-963-8181.
Please be advised that unsolicited emails and other information sent to Birdsell Grant LLP via the form below or by email or other electronic methods are not to be considered confidential. They may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. Please do not send us any confidential information via this form.
Frequently Asked Questions (FAQs)*
- What is a Real Property Report (RPR)? What is compliance?
- A Real Property Report is a survey of the property that should show the building(s) and improvements such as fences, decks, and other permanent structures. The RPR is then reviewed by the municipality and given compliance if the structures are in accordance with the municipal land use by-laws and regulations.
- Click HERE to learn more about Real Property Reports.
- If you are a Seller ensure that you have your RPR and compliance before signing the Real Estate Purchase Contract.
- If there are issues with your compliance give us a call to discuss before proceeding.
- What is title insurance?
- Title insurance can be used in variety of ways to assist closing real estate transactions in Alberta. The primary use of title insurance is to replace the requirement for a RPR and compliance to be provided by the Seller to the Buyer as listed in the standard Real Estate Purchase Contract.
- The Title Insurance is a one time payment usually made by the Seller (if agreed) and if there are any defects with the title or the property that were unknown at the time of the closing of the transaction, the Buyer may make a claim under the Title Insurance policy.
- Give us a call to discuss further if you have any questions, as Title Insurance policies are very detailed and generally do not cover known defects.
- How do adjustments between the Buyer and Seller for Property Taxes work?
- Most municipalities in Alberta require Property Taxes to be paid on or before June 30th each calendar year (January to December).
- Some municipalities allow Property Owners to pay monthly.
- For Adjustment purposes, the Buyer will get a credit from the Seller, for the period of time that year the Seller owned the Property but did not pay any taxes yet.
- For example, if the Possession Date is May 1st, and the Seller has not paid their taxes yet (100% due June 30th), the Seller Credit to the Buyer would equal 4 months worth (Jan, Feb, March, April) of the total Property Tax due on June 30th.
- These adjustments are done by the Lawyers and will be reviewed with you when you attend your Signing Appointment.
- Real Property Report (RPR) and compliance - If you are selling a house or bareland condo make sure you know where the RPR and compliance letter is located. Otherwise make sure you review your existing real property report and compliance letter and ensure it is still accurate. Or, if you don't have these documents discuss this with your realtor.
- Real Estate Purchase Contract signing - Finalise with your realtor
- Condition Removal - Upon any condition removal instruct your realtor to forward the Contract to Birdsell Grant LLP.
- Contact us as soon as you can:
- to confirm we received the contract;
- give us alternate contact numbers or emails;
- inform us of any travel plans; and
- to discuss any other questions or comments you may have.
- File Opening - Upon receipt of instructions from your Realtor we will open a file and start to prepare the necessary documents and contact you to discuss the next steps.
- Before your Appointment:
- Send us a copy of your RPR and compliance; and
- provide us your mortgage number.
- Bring to your Appointment:
- A void cheque if you would like us to make a direct deposit of the Net Sale Proceeds; and
- your original RPR and compliance;
- After Your Appointment: Some steps you will have to take may include:
- cancelling any automatic utilities payment plans;
- cancelling any automatic mortgage payments occurring after the Possession Day;
- cancelling your property insurance effective after your Possession Day;
- (we recommend you leave an extra day or two in case of delays)
- making sure you have followed the terms of your Real Estate Purchase Contract with respect to all chattels and fixtures; and
- confirming with your realtor the key release process.
- Possession Day (Closing Day)
- According to the standard Real Estate Purchase Contract used in Alberta, possession by the Buyer is to occur at 12:00 pm. If there are any delays or issues we will contact you as soon as we can to discuss those with you.
- Net Sale Proceeds
- Will be available as soon as all required payments are made and confirmed by us (ie. Mortgage Payout, commissions).
- The Estimated Net Sale Proceeds amounts will be reviewed at your Appointment with us before the Possession Day.
- Sale Reporting from us
- Usually the Sale Reporting will follow immediately after the Possession Day of the transaction.
- Real Estate Contract Signing - will occur with your Realtor.
- Condition Review
- Conditions can include subject to property inspection, financing approval, or even lawyer review.
- If you require our assistance with any due diligence feel free to give us a call to discuss further.
- Condition Removal
- Once you are satisfied, you will remove conditions with your realtor.
- Instruct your realtor to fax or email us a copy of your Purchase Contract so we can start working on your file.
- Mortgage Instructions
- Instruct your mortgage broker or bank representative to issue us mortgage instructions so we can prepare the necessary mortgage documents.
- We reccommend mortgage instructions be issued two weeks before the proposed possession date.
- Contact Us
- We will contact you as soon as we can once we obtain your mortgage instructions and Purchase Contract, but please contact us after you instruct your bank and realtor to forward us documents
- Bring to Your Appointment
- Two pieces of id (one photo);
- bank draft for the Cash Shortfall;
- (ie. Cash Shortfall = Purchase Price - deposit - mortgage proceeds + legal fees/disbursements +/- property tax adjusts);
- we will call you and advise the Cash to Close amount to bring and discuss it in detail at the Appointment;
- void cheque (if required by your Lender).
- At Your Appointment
- We will review and sign the transaction documents, which may include:
- Statement of Adjustments/Cash to Close calculations;
- the Seller's Real Property Report and Compliance;
- transfer documents; and
- mortgage documents.
- We will review and sign the transaction documents, which may include:
- After Your Appointment and Before Your Possession Day
- Setting up fire insurance- our office will confirm the particulars you need to provide your insurance agent.
- It is your responsibility to set up utilities to be effective the Possession Date.
- Based on the information we provide you, set up a time with your realtor to take possession of your new home
- Standard possession time is 12:00pm.
- On your Possession Day (Closing Day)
- If there are any Possession Day issues we will contact you as soon as we can to discuss your options. Otherwise we will advise when the Cash to Close has been send over to the Seller's Lawyer.
- Usually banks/lenders will advance mortgage funds early during business hours on the Possession Day. However, if the transaction is a quick close or the signing of the mortgage documents was delayed there could be delays in obtaining the mortgage funds and taking possession.
- Purchase Reporting from Us
- Will be made as soon as the land title transfer and your mortgage discharge can be confirmed.
- This usually occurs between 2 to 6 weeks after the Possession Day.
Please be advised that unsolicited emails and other information sent to Birdsell Grant LLP via email or other electronic methods are not to be considered confidential. They may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. Please do not send us any confidential information via this form.
*The content above is not considered legal advice and is provided to you as general information only, and definitely is not intended to substitute for specific legal advice and nor does providing this information to you create a solicitor-client relationship between you and Birdsell Grant LLP.
Please give us a call before taking or refraining from any action. We would we happy to assist you with all your legal needs.