Find a Real Estate lawyer that is committed to giving exceptional, personalized service. If you have any questions or concerns about a real estate transaction, we will be happy to take the time to walk you through the details. Collectively our staff has over 65 years of real estate experience (not to give away our age). Even with our years of experience, we still take on each sale or purchase with enthusiasm and care. We get to know you and your unique needs as an individual. Once you are a Kinetic Law client, we are the law firm that will know your name when you call.
Buying a home is one of the most personal and financially significant transactions you are likely to make in your lifetime. Whether buying your first or tenth house, it should be a happy, exciting experience. We can help reduce the stress involved in all that is required. We will inform you up front of the process, costs and at what to expect. We will keep you updated on our progress and make sure the deal closes as timely and efficiently as possible.
Real estate transactions can have a number of hiccups, but we work hard to take care of them so don’t have to. We work closely with your real estate agent, mortgage broker and lender to ensure your purchase closes smoothly and on time. If you have questions before, during or after your purchase, that is not a problem. Our experienced conveyancing staff at Kinetic Law are here to help.
You’ve sold your home, now the rush is on. We will ensure the logistical and legal details of your sale are taken care of. Do you need an RPR? Is the possession day very soon? Will you be out of Province prior to the possession date? We take on your challenges and do our utmost to ensure your sale closes on time and we get your sale proceeds to you in a hurry.
With all of the everyday things that life throws at you, plus packing and planning, a move can be overwhelming. Let us take some of that burden on for you.
Can I buy or sell a house without a realtor? No problem. We can create a contract that ensures your deal goes smoothly and protects you from common mistakes, problems and claims.
Our experienced Kinetic Law staff are here to answer any of your questions.
I want to put my home into joint names, so how do I put my home in joint names with my spouse, partner or family member? What does it mean to put the home in joint tenancy? What are the consequences? You can hold title to property in different ways, with different results and consequences of ownership.
In Alberta, our system of property ownership requires interests to be registered. Each property has a “title” which is a record of all owners and interests. Two owners to a residential property must either register as “Joint Tenants” or “Tenants in Common” on title:
- Joint Tenancy: this is a legal phrase that gives the parties a presumption of equal ownership and the right of survivorship. This means if one of them dies, the survivor will automatically become the owner of the entire property.
- Tenants in Common: here, there is no right of survivorship, so that when one dies, the survivor does not get to own the whole property. The deceased’s half is still owned by the deceased and follows the laws of Wills and Estates.
One can "sever" joint tenancy, taking legal steps to change a Joint Tenancy to Tenancy in Common.
In joint ownership, the interests do not have to be equal. The Title might say, for example: Joe as to an undivided one-third interest and Joan has to an undivided two-thirds; or maybe 90% and 10%. If the title is silent about the interest and simply states that Joe and Joan are the owners, then they will be equal owners. How to determine how much each person should own should be discussed and decided between the owners before registration. Right at the time of purchase, consider a simple question: how will the money be divided if we sell the house?
If you are purchasing a home or are considering transferring a property you already own into joint names with a new spouse or partner, we strongly recommend you have a Prenuptial or Cohabitation Agreement to accompany your real estate transaction.
Owning a home provides many financial and credit opportunities. If you would like to cash out some equity in your home, or wish to change who owns the mortgage debt, refinancing may be a great option. We can help you with the requirements of the mortgage company. We will prepare the documents, payout your existing mortgage, payout any other debts required and make sure your old mortgage is discharged from your property title.
You may refinance to purchase another property. Refinancing is often a step in matrimonial property division in a divorce or separation settlement. Refinancing may also be a part of your business plan or purchase. No matter what the transaction, we can provide full service, full circle legal services.
Buying or selling agricultural land or commercial properties have unique differences than residential homes in the city. We can help you with agricultural mortgages and advise whether or not your transaction triggers GST or Capital gains taxes.
We can help with the sale of a small business condo or your multimillion dollar property. We will navigate all of the circumstances of buying or selling commercial properties from GST issue to rental adjustments and tenants.
If you have any questions, please don’t hesitate to contact us at Kinetic Law.
Do I need an RPR?
A real property report, or "RPR" can be an extremely important paper in a real estate transaction. The RPR is a survey of your property, prepared by a professional surveyor. This document is sent to the municipal government in your area and they create a compliance report based on the RPR, stating whether all the buildings, fences and fixtures are within property boundaries. The compliance report will also report whether or not all of the improvements have permits, such as fences, sheds, decks and hot tubs.
You usually receive an RPR when you purchase your property. If the RPR is not too old and there haven’t been any changes to the outside of your property, you can often use the same RPR that came with your house when you sell it. If you need a new RPR and Compliance Report, do not ignore this. It can take as much as 5 weeks to obtain the RPR and Compliance Report. Trouble can arise if you do not have these documents before your sale is complete.
When trouble shows up in a real estate transaction it is often caused by RPR issues. Standard real estate contracts promise the buyers that they will receive the RPR and Compliance Report prior to giving the cash to close to the seller’s lawyer. Most people sign without realizing the obligations this puts on them. Deals can be delayed and costs can add up in dealing with RPRs.
If you don’t have the RPR & Compliance Report or if there are issues with improvements or encroachments, we can navigate the process, obtain the necessary documents and rectify deficiencies to make sure your deal closes on time.
If your Real Property Report reveals that a fence, building or other improvement is on a portion of the municipalities or neighbour’s property, this is an encroachment. Even if the encroachment is mere inches it can cause issues. There are ways to mitigate those issues, one being an encroachment agreement.
We can explain the issues and can help you obtain an encroachment agreement if necessary.
If you are contemplating selling your home and have any reason to believe you may have an encroachment issue, please don’t hesitate to contact us in advance of selling your home.
Title insurance is a special type of insurance that will protect you from unknown permit or encroachment deficiencies. Title insurance will also protect you from fraudulent encumbrances on the title of your home.
Title insurance can replace the need for an RPR if purchased at the same time that you purchase your home. In some cases, title insurance will pay to ensure your home is compliant with the municipalities’ regulations.
Many mortgage companies are demanding that their interests be insured by title insurance whether or not you have an RPR.
For more information if title insurance is a good option for you, feel free to contact us and our staff at Kinetic Law will be happy to help you.
You may be a landlord, a tenant, or both. Whether renting a residential or commercial space, we can help with drafting and review of leases and contracts.
Need to edit your contract? Need advice before you sign the lease? Have a dispute with your landlord or tenant? We can help with all aspects of your business or renting relationship.
Our contract work and negotiation skills are meant to protect you so you do not have to end up in court. However, if your commercial or residential tenancy dispute cannot be resolved outside of court, we have the experience with claims in Small Claims Court, Court of Queen's Bench and the Residential Tenancy Dispute Resolution Service.
Kinetic Law Real Estate Lawyer