Can a Lawyer Review My Purchase Contract Before I Sign It in Alberta?
This answer covers the law of Alberta.
Yes. You can ask an Alberta lawyer to review a purchase contract before you sign it, and that is when advice is most useful. Giving legal advice on a purchase, including title review and drafting, is reserved to active members of the Law Society of Alberta, not to realtors or notaries. Alberta's Land Titles guidance only suggests getting legal advice and help when dealing with property.
A lawyer can compare what the contract says with what the title shows. A title search lists the current owner, mortgages, caveats, easements and builders' liens. A certificate of title is conclusive proof of ownership, but not where the owner took part in fraud, for the s. 61 reservations, for claims under a prior certificate of title, or where land was included by a wrong boundary description. Signing alone does not transfer an interest; registration at Land Titles does.
How much time to allow, and which conditions to include, depends on the contract and the deal, so raise it with your REALTOR and the lawyer before you sign, ideally before an offer goes out. Ask the lawyer what they will review and how long they need, so the contract's dates can leave room for it. Terms already signed can be hard to change.
Key takeaways
- Legal advice, title review and drafting on a purchase are reserved to active members of the Law Society of Alberta, not realtors or notaries.
- A title search shows the current owner, mortgages, caveats, easements and builders' liens, which a lawyer can compare with the contract.
- Signing alone does not transfer an interest, because registration is what makes an instrument operative.
- How much review time and which conditions to include depends on your contract, so raise it before you sign.