CRA CRASH SH COU COURSE RSE IN IN RE REAL AL ES ESTATE TE - - PowerPoint PPT Presentation

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CRA CRASH SH COU COURSE RSE IN IN RE REAL AL ES ESTATE TE - - PowerPoint PPT Presentation

CRA CRASH SH COU COURSE RSE IN IN RE REAL AL ES ESTATE TE QUARRY PARK LAW JONATHAN M. ABLETT jon@quarryparklaw.com (403) 398-2469 3 Phases of a Deal 1. Contract signed Conditional, Deposits paid 2. Conditions removed Firm


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CRA CRASH SH COU COURSE RSE IN IN RE REAL AL ES ESTATE TE

QUARRY PARK LAW JONATHAN M. ABLETT jon@quarryparklaw.com (403) 398-2469

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3 Phases of a Deal

  • 1. Contract signed

– Conditional, Deposits paid

  • 2. Conditions removed

– Firm deal, Deposits used as part of purchase price

  • 3. Closing

Crash Course in Real Estate 2

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What does a lawyer do?

  • 1. Pre-Execution
  • 2. Post-Execution

Crash Course in Real Estate 3

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Pre-Execution

  • Negotiate and draft contract
  • Terms, representations, warranties, price
  • Due diligence

– Taxes – HOA or condo fees – RPR Compliance

Crash Course in Real Estate 4

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Post-Execution

  • Good Title
  • Proper execution of documents
  • Registration
  • Funds Transfer
  • What you hope I don't have to do:

– Fix Problems – Enforcement

Crash Course in Real Estate 5

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Representations and Warranties

What are you promising when selling?

– Building envelope complies with bylaws and does

not encroach onto neighboring properties

– Canadian residence – Use complies with bylaws

  • Secondary suites
  • Permits!

Crash Course in Real Estate 6

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Conditions and Deposits

The usual conditions

– Obtaining financing – Inspection – Sale of buyer's home

Deposits

– when do you lose them?

Crash Course in Real Estate 7

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Real Property Report (RPR)

Do you need a new one?

– Any new structures on the land? – Fences, decks, window wells, air conditioners?

  • Cost
  • Compliance
  • Condominiums have special requirements

Crash Course in Real Estate 8

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Condominiums

Major things to consider:

  • Special Assessments
  • Bylaws
  • Parking and Storage Units
  • Also please buy/sell the correct unit

Crash Course in Real Estate 9

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Adjustments

  • Periodic payments are split fairly between buyer

and seller

  • You pay for the portion of the year (or month)

which you hold possession.

  • Items needing adjustment:

– City tax – Condo fees – Homeowner's Association Fees – Rent & Security Deposits

Crash Course in Real Estate 10

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Timing Issues

  • Buying/selling close together

– Potential temporary homelessness

  • Never ever, EVER have the moving trucks

waiting outside at noon on the Closing Date!

  • Insurance – do not cancel until closing complete
  • Examples

– Mortgage funding can be delayed – Seller doesn't vacate – Keys lost

Crash Course in Real Estate 11

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Mortgages

Mortgage fraud

– DO NOT LIE by commission or omission – Straw buyer – Employment misrepresentation – Criminal offence

Crash Course in Real Estate 12

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Mortgages

  • CMHC liability for high-ratio mortgages
  • Conventional vs. Collateral
  • Mortgage vs. HELOC
  • Guarantees
  • Know what you are signing up for

Crash Course in Real Estate 13

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Thank you Jonathan M. Ablett

Barrister & Solicitor Quarry Park Law (403) 398-2469 jon@quarryparklaw.com