Calgary & Strathmore Real Estate Lawyers

Real estate transactions can represent an exciting time for individuals and businesses alike. However, both residential and commercial real estate purchases can become overwhelming and costly if mishandled.

The skilled real estate lawyers at Getz Collins and Associates understand the myriad of complicated issues that can arise during real estate transactions and provide forward-thinking solutions in commercial and residential property purchases.

Dynamic Real Estate Solutions

Getz Collins and Associates has combined decades of experience in Alberta real estate law. We guide clients through the purchase and sale process and advise on any related issues, including:

• Property co-ownership and joint tenancy;
• Restrictive covenants and easements;
• Purchase and sale agreements;
• Title transfers and insurance;
• Mortgage refinancing;
• Lease agreements;
• Real estate litigation and related remedies, including breach of contract claims and specific performance actions;
• Foreclosure; and
• Condominium boards and management companies.

Real Estate Transactions in Alberta

Real estate transactions involve substantial paperwork, strict timelines, and the exchange of significant sums of money. Having a knowledgeable real estate lawyer guide through the process helps to streamline the process and avoid costly mistakes.

Tax & Title Searches

Tax and title searches are critical to any real estate transaction as they help identify liabilities attached to the property, including tax arrears, mortgages, or other secured debts. Discharging these liabilities can be accounted for in the sale process.

Documentation Preparation

No matter the complexity of the transaction, real estate purchases and sales involve a substantial amount of documentation. Issues in any document’s preparation can delay the closing and create costly disputes. Our real estate lawyers assist clients with preparing and obtaining these documents, including real property reports, estoppel certificates, land transfers, land title registrations, and holdback conditions.

Exchanging Monies

Purchase funds must be handled in accordance with applicable laws and trust conditions. A qualified real estate lawyer will ensure the funds are properly allocated for secured debts, tax or condominium arrears, commissions, and legal fees before final distribution.

Obtaining Possession & Final Reports

Once the documentation and contracts have been completed in a real estate transaction, the parties’ lawyers will arrange for a key exchange or title signing. They may also arrange for a final walkthrough of the property.

The parties’ counsel will also ensure any final reports are received from the real estate agents and are duly provided to the mortgage lender as required.

Mortgage Refinancing Services

There are many reasons a property owner may want to refinance their mortgage, including:

• Transferring debt for tax planning purposes;
• An existing mortgage matures and requires payout;
• Debt consolidation;
• Using equity for other purposes, such as investing, renovations, or vacations;
• Buying out a co-owner’s interest in the property and/or removing them from title;
• Securing better mortgage rates or terms.

Getz Collins and Associates provides comprehensive advice on mortgage refinancing in both the residential and commercial real estate spheres. We ensure clients understand their obligations and liabilities under the new mortgage terms and help them avoid pitfalls and errors. We are experienced with complex commercial transaction securities and understand the varying due diligence requirements for residential and commercial transactions.

Getz Collins and Associates Offers Pragmatic Real Estate Solutions in Calgary & Strathmore

The seasoned real estate lawyers at Getz Collins and Associates provide personalized, quality legal solutions for clients in residential and commercial real estate matters. Our firm blends dynamic, modern approaches with timeless values, empowering us to offer cost-effective and responsive legal services across a broad spectrum of real estate cases. When assisting with purchases and sales, we take steps to avoid future disputes and protect our client’s rights throughout the process. However, if litigation arises, our real estate litigators are an assertive, compelling presence in the courtroom.

Established in Strathmore in 1984 and expanding to Calgary in 2018, Getz Collins and Associates has earned a reputation for top-tier legal services and exceptional client service throughout Alberta. We serve clients in communities throughout the province, including Airdrie, Cochrane, Okotoks, Drumheller, Chestermere, Hussar, and all surrounding areas. To discuss your real estate matter with our team, please contact us online or call 587-391-5600.

Frequently Asked Questions About Real Estate Law

What does a real estate lawyer do?

A real estate lawyer assists buyers, sellers, lenders, and property owners with residential and commercial real estate transactions. Legal services may include reviewing agreements, conducting title searches, preparing closing documents, and facilitating the transfer of ownership.

When should I contact a real estate lawyer?

It is generally advisable to contact a real estate lawyer shortly after a purchase or sale agreement has been signed. Early involvement helps ensure that deadlines are met and potential issues are identified before closing.

Do I need a lawyer when buying a home in Alberta?

Yes. A lawyer is typically required to complete the legal transfer of ownership, register mortgage documents, review title matters, and ensure funds are properly exchanged during the closing process.

What is included in a residential real estate closing?

A residential real estate closing may include reviewing purchase agreements, conducting title searches, preparing closing documents, coordinating mortgage funding, paying adjustments, and registering ownership and financing documents.

What is a title search?

A title search confirms legal ownership of a property and identifies any registered interests affecting the land, such as easements, caveats, liens, restrictive covenants, or mortgages.

Can a lawyer help with commercial real estate transactions?

Yes. Commercial real estate transactions often involve more complex agreements, financing arrangements, leasing matters, due diligence requirements, and regulatory considerations. Legal advice can help protect the interests of all parties involved.

What happens if issues are discovered before closing?

Depending on the circumstances, parties may negotiate a resolution, amend the agreement, delay closing, or pursue other legal remedies. Early legal review can often help avoid delays and unexpected complications.

Can a lawyer help with real estate disputes?

Yes. Real estate lawyers can assist with disputes involving contracts, title issues, property boundaries, easements, construction matters, landlord-tenant issues, and other property-related conflicts.

What are closing costs when purchasing property?

Closing costs may include legal fees, land title registration fees, title insurance, adjustments for taxes and utilities, and other transaction-related expenses. The exact costs depend on the property and transaction.

Do you assist clients outside Calgary and Strathmore?

Yes. Getz Collins and Associates assists clients throughout Alberta with residential and commercial real estate matters, including purchases, sales, refinancing transactions, and property disputes.

Can a lawyer assist with mortgage refinancing in Alberta?

Yes. Real estate lawyers can assist with mortgage refinancing transactions by reviewing lender documents, registering new financing, discharging existing mortgages, and ensuring the transaction is completed correctly and efficiently.

What documents are required when selling a property?

The required documents vary depending on the transaction but may include the purchase contract, title documents, real property report, tax information, mortgage payout statements, condominium documents, and identification from the parties involved.

What is title insurance?

Title insurance helps protect property owners and lenders from certain title-related issues, including fraud, title defects, survey problems, and registration errors that may not be discovered during the purchase process.