Don’t Lose Time and Money from Outdated Real Estate Documents!

wooden house stacks of coins in background

Podcast Episode 111:

“Keep Your Joint Venture Up-to-Date.”

In real estate, as in all facets of life, things change. A detailed contract or written agreement can protect your investments, but you’re still vulnerable if you don’t follow the terms exactly. A client of mine organized a joint venture with 15 investors to buy an apartment building in Alberta. They used a written Joint Venture to structure the deal, but later changed some aspects with only verbal agreement. This Tale is about what happened when one of the investors passed away and lawyers for the deceased’s estate began insisting on the original terms of the Joint Venture.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

What to Do When Seller Doesn’t Have Leases for Tenants

Podcast Episode 110:

“Get the Details.”

A client of mine found a four-plex in Alberta with a motivated seller, but soon discovered that he would have to deal with problems caused by the seller’s inexperience. The location was good, with a tenant profile that fit the type of people that my client liked to rent to. And, the price was very good. Listen to the podcast or read on to learn about documents you can use to protect your interests when buying from sellers like this who haven’t been very good landlords.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

Creative Investing with Foreclosures: Appearing in Court and Taking Notes.

mortgage default foreclosure

Podcast Episode 109:

“Foreclosures, Creative Deals, and Court.”

This Tale is about taking good notes when you appear in court as the buyer of real estate in foreclosure. My client was a creative kind of guy and he found a property in Alberta where the mortgage payments weren’t being made. The seller was still living in the home but trying to sell and get out from under the foreclosure. After some conversation, my client put together a creative deal that the seller and the seller’s lawyer both liked. Now, in addition to being in foreclosure, the seller was in way more financial trouble and he had actually filed for bankruptcy…

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

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.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

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.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

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.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

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.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

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.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

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.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

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!

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading