Tips

Buying Property

Buying a fresh property is a big undertaking. With thousands of dollars at stake, it’s vital that you obtain the right legal advise to ensure you have all the information necessary to protect your investment. Tiffen Law Office provides a complete real estate law solution.

  • Buying Real Estate

    • Talk to a bank to pre-qualify for a mortgage
    • Factor in legal costs and land title registration fees for representing you on the purchase. This will have to be paid in advance.
    • Understand that adjustments to the purchase price for taxes, and condo fees (if applicable) will be made. This may result in you having to pay more than the purchase price on the real estate contract.
    • Be clear on the purchase contract what items within the home and on the property that you are purchasing. [For example, the moveable shed in the back is that staying with the house or is the seller taking it when they leave. The cool mirror in the bedroom- is it staying or leaving with the seller?]


    Ask questions before signing the purchase agreement:

    • Have they had water in the basement?
    • When were the shingles done?
    • How old is the furnace?
    • Have any renovations been done on the inside? What & when?
    • Have they grown marijuana in the home?
    • Has any electrical work been done?
    • How old is the hot water tank?


    Make the sale contingent on:

    • Obtaining a home inspection report
    • Financing – once you have chosen a home then confirm with the bank that the
    • mortgage you pre-qualified for is still available
    • Anything else you require or your realtor recommends


    • Once you chose a home, again make sure that with your down payment and mortgage
    • that you will have sufficient funds to pay the purchase price, adjustments for taxes (condo fees if applicable), legal fees and land title registration fees.
    • Choose a closing date that is not the end, beginning or mid-month as that is when the
    • majority of real estate transactions occur. Choose a Monday – Thursday for a
    • closing.
    • Ensure the closing date is not on a holiday
    • Ensure there is sufficient time between when your subject to conditions are removed and the closing date.

    Learn More About Our Real Estate Law Services

  • Selling Real Estate

    • Have a real property report and compliance that has been issued in the last 3 years if no changes to the property have occurred.
    • If since you purchased/built your home a deck, fence, garage or shed have been added to the property obtain a real property report and compliance BEFORE listing the property for sale or at the same time
    • Ensure you keep a copy of the real property report and compliance to give to your lawyer (the lawyer will not receive a copy from the realtor)
    • If any major renovations to the property have occurred ensure that all city permits have been obtained.
    • Talk to your bank and find out what is owing on the mortgage to be paid out and if there will be any penalties for paying off the mortgage. This will ensure that the sale proceeds will be sufficient to cover the mortgage payout.
    • Choose a closing date that is not the end, beginning or mid-month as that is when the majority of real estate transactions occur. Choose a Monday – Thursday for a closing.
    • Ensure the closing date is not on a holiday
    • Be clear as to what items are staying with the house and what items are not staying. For example, the dining room chandelier that is a family heirloom and is going with you needs to be removed before showing the house or make sure in the listing and on the sale contract that the purchaser understands that the chandelier is being removed.
  • Wills & Estates

    An executor, or personal representative is named in the will to be the person who ensures that the deceased’s wishes are carried out


    The executor is responsible for things like gathering all of the assets of the deceased, paying the taxes, distributing specific gifts to beneficiaries, and transferring the money in the estate to the beneficiary


    Normally if married each person names their spouse and then an alternate is a family member or child (depending on their age)


    Discuss your wishes regarding burial and who gets what with family while you are alive. It is important that family knows what you want down when you pass away, as grief affects everyone differently and they may not react the same way in grief as they do normally


    Burial wishes are not put in wills as a will is not usually read until after a funeral.


    Beneficiaries – who gets your assets upon your death


    Typically people choose a spouse then children if a spouse has predeceased them

    • This may not be what is wanted when the marriage is a second marriage or if one spouse is a step-parent and has no biological child
    • If children are under the age of 18 then a guardian needs to be named (generally the surviving parent) [If the parents are divorced then there may be a reason the surviving parent is not the appropriate choice]

    A guardian is the person(s) who is going to raise your child(ren) and care for them


    Minor children also need a trustee – who manages the money left to the minor children


    The guardian and trustee can be the same person or they can be different people.


    If they are different people ensure that they are individuals who know each other


    Consider how disputes between them will be settled – who has ultimate decision making power


    If children are under 18 – what can the money be used for while they are under 18

    • Ie. School, vehicle at 16, vacation


    At what age do you want your child(ren) to receive the money coming to them from the estate?

    • Do you want them to have all the money at once or spread it over time?
    • If 10% at 18, 15%  at 21, 25% at 25 and remainder at 30 ?
    • Or all at 18, 21 or 25?

    Tornado clause – who gets your money if there is no surviving spouse, children or grandchildren?


    Do your siblings get the money? Your parents?


    Charity?

    • If you are leaving to a charity, is it a specific charity?  Then consider what happens if that charity ends.

    Other

    • Do you have obligations to a past spouse?
    • Do you have a child with a disability that makes them dependent on you?
    • Do you have a family situation that means someone is being left out? 


    PREPARING FOR A MEETING

    • Come prepared to discuss all of the above in more detail

    The lawyer’s job is to determine:


    • that no one is forcing the person to do the will;
    • leave someone a specific amount;
    • the person understands what they own;
    • the person understands what it means to give it away their assets after they die;
    • the person understands the legal obligations they have to individuals;
    • the person is making the decision without anyone else influencing the decisions; and
    • that there is no concerns the person is being abused in any way.

    If the value of your estate is over $500,000 then consult a tax account, tax lawyer and wills & estates lawyer to ensure that your estate planning meets your goals.  There will be more complex tax considerations for a larger estate than for a smaller estate.


    Learn More About Our Services for Wills & Estates

  • Personal Injury

    What To Do In A Car Accident


    Visit this website for more detailed information: http://www.edmontonpolice.ca/TrafficVehicles/TrafficCollisions/ReportACollision.aspx


    • If your vehicles are driveable pull into a parking lot nearby before exchanging information.  Take a photo of the license plate & vehicle if you think they won’t follow you.  Take photos before you move the vehicle, if you feel it is necessary.
    • If the vehicles aren’t driveable then call a tow truck and determine if the police need to be called.
    • The police do not need to attend every accident scene. It will depend on the severity of the collision.  Consult the EPS website for more information.
    • Alberta government has a good document that can be downloaded that can be kept in a vehicle: http://finance.alberta.ca/publications/insurance/forms/what-to-do-auto-collision-worksheet.pdf

    Once at a safe location:

    • Obtain the other driver’s insurance information and contact information
    • Take a photo of their driver’s license, pink card, and license plate
    • Get their cell phone number and home number
    • Take photos of both vehicles and the damage sustained
    • Report it to your insurance company and open a collision and Section B file.


    IF INJURED IN A CAR ACCIDENT


    • See your doctor or physiotherapist to complete the AB-1 and AB-2 forms and start treatment.
    • AB-1 and AB-2 forms can be found on the Alberta Government website at http://finance.alberta.ca/publications/insurance/automobile-insurance/index.html#accident_benefit_minor_injury
    • Follow the recommendation of your treating physicians
    • Take photos of any visible injuries with a date and time stamp
    • Make notes of how you feel each day – this doesn’t have to be detailed and be prepared to show it to your lawyer and the other driver’s lawyer or insurance adjuster if you sue for compensation for your injuries

    Learn More About Our Personal Injury Services

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