Do I need a Real Property Report to sell my house in Alberta?
This answer covers the law of Alberta.
In Alberta, a Real Property Report is not required by statute for a sale, but it is usually required by the purchase contract. Most standard residential purchase contracts require the seller to give the buyer a current RPR with a municipal stamp of compliance.
Buyers' lenders and lawyers usually require a current RPR too, and the buyer's lawyer needs reasonable time to review it before funds are released. Ideally, buyers see the RPR before making an offer. Selling without a current one can create problems with your buyer, their lender and their lawyer, so it is worth reading your contract closely.
There is an exception if nothing on the property has changed since an existing RPR: the seller may sign a Statutory Declaration or Affidavit saying the existing RPR is accurate and the property is in the same state. If the property has changed, a declaration is not enough, and only an updated RPR with a compliance stamp can confirm municipal compliance. What happens if no RPR is supplied depends on your contract, so confirm it with a lawyer.
Key takeaways
- An RPR is a contractual term in most standard Alberta residential purchase contracts rather than a statutory requirement.
- Most standard residential purchase contracts require the seller to give the buyer a current RPR with a municipal stamp of compliance.
- Buyers' lenders and lawyers usually require a current RPR, and the buyer's lawyer needs reasonable time to review it before funds are released.
- If nothing has changed, a Statutory Declaration or Affidavit may support an existing RPR, but a changed property needs an updated RPR with a compliance stamp.