Is Your RRSP Mortgage Legal?

Podcast Episode 108:

“RRSP Mortgages and the CRA.”

Registered Retirement Savings Plan (RRSP) mortgages, the supposed Holy Grail of private lending. I hear it all the time. Borrowers of all stripes believe there is a vast pot of money held in RRSP accounts just waiting to be lent to them. And, to some extent, that’s true. There are lots of folks with lots of RRSP money tucked away. Maybe you’ve thought about leveraging your RRSP to become a lender yourself.

But, like everything else run by the government, there are rules to follow if you want to lend your RRSP money as a mortgage.

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How to Lose a Deposit: Unmet Conditions Can Sink a Real Estate Deal

Podcast Episode 107:

“Conditions, Lost Deposits,
and Collapsed Deals.”

In other Tales from the Trenches I’ve talked about the importance of accomplishing sufficient diligence on any property purchase to say that you have done ‘Due Diligence.’ It’s worth repeating here because it’s so important. The notion of doing or accomplishing your own Due Diligence is what allows you to make a buying decision. Will you buy or not buy? In this Tale, a deal falls through because of a lack of diligence regarding financing conditions.

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Secondary Suites and Real Property Reports in Alberta

Podcast Episode 106:

“A Real Property Report
with Municipal Compliance Doesn’t Prove a Suite is Legal.”

Are you looking to buy a property with a secondary suite? Ideally, you want to buy properties with legal secondary suites. But guess what? A Real Property Report doesn’t prove a suite’s legality in Alberta.

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Legal vs. Illegal Rental Suites in Edmonton

house with cash register

“Basement Suites and the Abominable Snowman.”

Why are basement suites like the Abominable Snowman? Because they don’t exist, at least not in the City of Edmonton, Alberta.

My client Jane was excited when she saw the advertisement, “beautiful, 3-bdrm bungalow with spacious 2-bdrm basement suite.” As part of due diligence, Jane went down to City Hall in Edmonton, and visited the Planning and Building department.

“Tell me about basement suites,” said Jane to the friendly development officer. Continue reading

How to Pick a Lawyer for Mortgages, Refinancing, and Buying or Selling a Home

Why Use a Real Estate Lawyer for My House Purchase or Sale?

Here’s the scenario. When we get a new Alberta real estate transaction sent to us here at RMLO Law LLP in Edmonton, I take a look at what lawyer/law firm is representing the other party. Normally it’s a law firm that does a lot of real estate. Great, that means that we will be working with somebody who understands how real estate works with respect to timing, documentation, and nuances of this legal specialty. What I hate to see is if the law firm is better known for their expertise in other legal specialties, such as divorce law or litigation.

Yes, we are all lawyers but it’s an age of specialization. Continue reading

Buyer and Seller Using Same Real Estate Lawyer

legal dispute

Can We Both Use the Same Lawyer in a Real Estate Transaction?

This question comes up all the time in my Alberta real estate legal practice. I’ll get a call from a buyer or seller, we discuss the details of their purchase or sale and then the question comes up: “This is a simple deal and we want to save some money on legal fees. Can we both use you as our lawyer to close this deal?”

The short answer is maybe, but practically speaking, no. Continue reading

Wills, Estates, and Selling Property

Will and Testament

Podcast Episode 105:
Probate Sales Need Patience

This Tale is about the legal process in Alberta (and some other Canadian jurisdictions) of selling property as part of an estate after someone dies. A long-time client got in touch to say that her Dad had passed away. I knew her Dad and had done seven or eight real estate transactions for the family over the last 15 years. Dad was a great guy and I was very sorry to hear of his passing.

My client said it was a simple estate; basically a bank account, some personal possessions, a few stocks, bonds, and mutual funds, and an acreage where Dad still lived at the time of his passing. There was a Will appointing my client as sole executor and an estate lawyer was already on working on probate.

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Guarantees, Title Insurance, and New Legal Precedent in Canada

Podcast Episode 104:
Sellers, Are You Guaranteeing Title?

Wow, a recent bombshell of a legal case from the Ontario Court of Appeal is causing huge ripples in the Canadian real estate world. In the Courts and in the world of precedent there is a pecking order. The Supreme Court of Canada is the highest court in the land. The Ontario Court of Appeal is the court of last resort in Ontario. Ontario is Canada’s largest common law jurisdiction. Therefore, any decision from the Ontario Court of Appeal is extremely influential. It recently ruled that marketability of title and marketability of property may be linked.

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Rare Investing Opportunities with Creative Real Estate Strategies

house with cash register

Podcast Episode 103:
Unpredictable Seller Motivation And Agreement For Sale Magic.”

 

An investor recently showed up in my Edmonton law office with this absolutely marvellous Tale about a unique property seller in Alberta and the magic of having the right real estate investing strategy for the job.

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Struck Corporations, Land Titles, and Tax in Alberta

3D stickman with red letter envelope

Podcast Episode 102:
“Corporate Matters Matter.”

Here at RMLO Law LLP in Edmonton, Alberta, we are the corporate registered office for many corporations. We get lots of letters addressed to those corporations because that’s part of being registered office. Anyone who wants to send something official to a corporation can send it to the registered office. Those official notices are often notices of trouble…

A recent letter was no different. It was a scary letter!

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