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Calgary Real Estate Lawyers

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Calgary real estate lawyers are the men and women lawyers of Calgary who handle all the real estate transactions in and around Calgary.

Additionally, Calgary real estate lawyers can assist you if you have purchased a house outside of the immediate Calgary area - in another province or country even. Sometimes real estate "lawyers" are referred to as real estate "attorneys" although this is generally considered more of an American term.  

In a most residential purchase situations the real estate lawyers generally get involved after the realtors are done with the parties and an offer to purchase a property has been concluded.  The buyer and the seller generally each then get their own lawyer and the transaction proceeds from there.  The primary job of the buyer’s lawyer is to ensure that the buyer gets their name on the property.  The primary job of the seller’s lawyer is to ensure that the seller gets their money.  The bank, if there is one, will often use the buyer’s lawyer as well and the primary job on behalf of the bank is for the lawyer to ensure that the bank’s mortgage or other security documentation gets properly registered to secure the monies being loaned.

In reality, real estate lawyers do much, much more than the “standard” purchase described above and they must have a deep a really varied knowledge of the law.  There are federal laws that sometimes come into play and there are provincial laws that always come into play.  The Alberta Land Titles Act is one of these laws and that legislation alone has more than 200 sections. There is also a full binder that contains just the regulations. These materials can all be viewed online at the Queen's Printer website.

Here are just some of the practice areas that a real estate lawyer might encounter in a typical practice:

Residential Real Estate
Negotiating and dealing with disputes of all kinds.  Unexpected Dower issues.  Insufficient purchase monies issues.  Property tax issues, title and boundaries issues, surveys, views, trees, branches, party walls, fences, as well as issues of trespass, encroachment, and nuisance and all the legal contract areas of breach of contract, specific performance, non-disclosure, fraud, misrepresentation and all the remedies regarding same, all the while (usually) trying to hold the deal together.

Commercial Real Estate
Commercial real estate issues including a commercial purchase and a commercial sale, real estate investment opportunities, construction, development issues including, land use planning, zoning issues, farm purchases, farm sales, leasing, landlord and tenant matters, financing, refinancing, mortgages, second mortgages, foreclosures and other commercial real estate matters.

Construction Real Estate (Including Farms and Farm Land)
Dealing with owners, lenders, contractors, municipal officials, land titles offices, utility providers, builder’s liens, mortgages, advances, construction defects and claims, construction accident claims, progress payments, warranties and deficiencies.  Negotiating mortgages, re-financings, purchase and sale agreements, commercial leases (i.e. office, medical, dental, restaurant, industrial property, or shopping centre leases).  Water and utility and livestock issues often arise as do questions with regard to fixtures and non-fixtures.

It is via the Torrens land titles system and through the “magic” of lawyers trust accounts and trust conditions that Alberta is able to claim one of the most advanced and stable land titles systems in the world.

Calgary real estate lawyers must be registered and in good standing with the Law Society of Alberta. This is the professional association for all lawyers in Alberta.

Many Calgary real estate lawyers also belong to the Commercial Real Estate or Residential Real Estate subsections of the Alberta branch of the Canadian Bar Association.

It is important, in considering who your Calgary real estate lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Calgary.  They should have an office in Calgary which is staffed full time and has been there for some time.