What Does a Seller's Lawyer Do When Selling a House in Alberta?
This answer covers the law of Alberta.
A seller's lawyer handles the legal paperwork that moves ownership of your home to the buyer. In Alberta, land is transferred by registering an Application for Transfer of Land, and every document submitted for registration needs a Document Registration Request (DRR) form. The province strongly suggests getting legal help with these forms because they are legal documents with legal consequences.
Your lawyer also arranges for your lender to sign a discharge in the prescribed form, Form 7, so the mortgage comes off title when the sale closes. If you are married and selling your homestead (your residence), the lawyer must handle your spouse's Dower Act consent and separate acknowledgment, even if only you are on title. A Court can dispense with that consent in some cases, such as when spouses live apart. If the seller is an estate, a different form is used.
Disposing of the homestead without the required spousal consent is an offence, with a maximum penalty of a fine of $1,000 or two years' imprisonment. Other closing steps depend on your deal and are worth confirming with your lawyer. Defect disclosure is separate: sellers cannot hide defects or mislead buyers and must disclose material latent defects they know about, and your realtor must also disclose known ones to buyers.
Key takeaways
- Land is transferred by registering an Application for Transfer of Land, and each document needs a Document Registration Request form.
- Your lawyer arranges for your lender to sign a Form 7 discharge so the mortgage comes off title at closing.
- If you are married and selling your homestead, the land containing your residence, the Dower Act requires your spouse's written consent or a Court order even if only you are on title.
- Telling your realtor about known defects matters because the licensee must disclose known material latent defects to buyers.