FREQUENTLY ASKED QUESTIONS – REAL ESTATE
What items should I ensure are in my purchase or sale contract?
A properly drafted offer should leave no room for interpretation. It should contain everything that is important to you about the home and the transaction. For example, if the MLS listing states that the washer and dryer are included in the sale, put that fact into the offer. The same goes for the children’s swing set, the window coverings, or the tool shed. If you want to be sure it’s sold with the house, put it in writing in your offer. Your specific offer can include special terms and/or conditions that you want. Every sale/purchase is different, and your offer will contain the wording that suits your needs. For example, you may want to have the home inspected by a home inspection company or you may want to have a financing condition that states if you do not obtain financing at or below a particular interest rate or for a particular amount, then the offer is void.
What are disbursements?
Disbursements are third party costs that are paid by our firm when we do work for you. For example, in a real estate transaction, we perform tax and title searches for the property that is being purchased or sold. We pay a fee for each search and this fee is passed on to you. Other examples of disbursements include postage and courier costs. An amount for anticipated disbursements is included in the cash difference that you are asked to provide as the exact amount of disbursements is unknown until the transaction has been completed.
What tasks are included in the legal fees when I purchase a property and Kazmi Law Office is acting for me?
We review the title and any encumbrances (such as mortgages and caveats) on title; We perform a tax search to ensure that the property taxes are paid and that the amount for property taxes on the Statement of Adjustments is properly adjusted; We review the statement of adjustments provided by the vendor’s lawyer; We review the mortgage instructions provided by the lender and prepare the mortgage and any additional documents required; We review the trust letter from the Vendor’s lawyer to confirm that he or she undertakes to discharge any existing mortgage and any other encumbrances that are to be discharged; We register the transfer documents (and the mortgage) at the Land Titles Office to transfer the property from the Vendor’s name into your name. We report to you and to the lender on the transaction.
What is a Statement of Adjustments?
The Statement of Adjustments is a document prepared by the Vendor’s lawyer that sets out the charges that have to be adjusted as between the Vendor and the Purchaser. These charges include the property taxes, homeowners’ association fees, condominium fees, and other items that the Vendor may have paid annually or monthly for which he or she requires reimbursement. The Statement of Adjustments will show the full purchase price, the amount of deposit deducted from the full purchase price, and then the balance owing.
What is a Real Property Report and when do I need one?
A Real Property Report is a legal document that illustrates in detail the location of all relevant, visible public and private improvements relative to property boundaries. It generally takes the form of a plan or illustration of the various physical features of the property including a written statement detailing the surveyor’s opinions or concerns. It can, therefore, be relied upon by the buyer, the seller, the lender and the municipality as an accurate representation of the improvements on your property.
You will need an up-to-date Real Property Report with municipal compliance if you are the Vendor and your sale transaction involves a standard real estate purchase contract from the Alberta Real Estate Association or when you are re-financing your property. The Alberta Real Estate Association standard real estate purchase contract has a clause that states a Real Property Report must be provided to the purchaser 10 days before closing. In addition, when re-financing your home, the lender will usually require that you have a current Real Property Report that shows the improvements made to the property.
What real estate services will incur additional charges with Kazmi Law Office?
We charge an additional fee for the following: preparing bridge financing documents, preparing a Power of Attorney, ordering a Real Property Report, ordering a compliance certificate from the municipality where your property is located, reviewing a purchase or sales contract before you execute it, evening and weekend appointm