Questions to Ask a Real Estate Lawyer Before Buying in Alberta

A first meeting with a real estate lawyer goes better when you arrive with questions. Buyers often feel they do not know enough to ask anything, but a short list tied to how Alberta purchases actually work is enough.

The questions below are grouped by topic. Not every one will apply to you, and your lawyer's answers will depend on your contract, property and lender.

This article covers the law of Alberta.

Questions about who will do the work

• Will you personally handle my file, and who else in the office will work on it? Title review, drafting and legal advice on a purchase are reserved to lawyers.
• How often do you handle Alberta residential purchases and mortgages?
• Have you ever acted for the seller or my lender? A lawyer cannot act against a former client without that client's consent, so this could bar them from acting for you.

Questions about title

Title is the core of the purchase, so ask how it will be checked and what you will be shown.

• What will the title search show? It lists the current owner, mortgages, caveats, easements, builders' liens and other registered interests.
• Which registered items on this title concern you, and what happens to each at closing?
• Does anything about this property fall outside the protection of the certificate of title? A certificate is conclusive proof of ownership, but not against fraud in which the owner participated, certain reservations, prior certificate claims or wrong boundary descriptions.
• How will you confirm the seller is the registered owner? A buyer protected as a bona fide purchaser must have made all reasonable efforts to confirm the transferor is the registered owner.

Questions about conditions and timing

Your contract sets the dates, and your lawyer can explain them in the context of your own deal. Ask which dates are firm and what you must deliver before each one.

• Which dates in my contract need action from me, and when do you need documents?
• When will I sign, and what identification should I bring?
• How and when will the transfer and mortgage be registered? Priority between instruments is decided by the registration serial number, not the signing date, and prompt registration protects the buyer and lender.
• What if closing is delayed? Ask what your contract says and whether a lawyer should review any extension.

Questions about mortgage, conflicts and costs

• Will you act for my lender as well as me? Joint retainers need the consent of each client after an explanation of the advantages and disadvantages, and the lawyer must warn that information is not confidential between them. A lawyer may act for both borrower and lender in appropriate mortgage or loan transactions if both consent and the lawyer discloses all information material to the transaction to both, but joint retainers should not be accepted where conflict is highly likely.
• Is the mortgage in the correct form, and does it accurately state the interest and describe the land? Errors can leave the lender's security defective.
• What Land Titles costs should I expect? Fees are required at submission, and the levy for transfers and mortgages is $5 per $5,000 of property value for submissions on or after October 20, 2024.
• Will these amounts go through your trust account? A lawyer's trust account usually handles payment because the Registrar will not act until fees are received.
• What adjustments and other closing amounts will I owe, and when? These depend on your contract, so ask for a written summary.

What to do next

Take this list to your meeting and write down the answers. If a lawyer cannot explain something in plain words, ask again or ask for it in writing.

• Bring your contract, mortgage commitment and the names of the seller and lender.
• Bring your legal description, LINC number or title number if you have one.
• Mark the questions that matter most for your property.
• Ask what you should send before the next deadline.
• Remember that if something goes wrong later, claims against the Registrar are limited and are not a substitute for checking title.

Frequently asked questions