Calgary Real Estate Lawyers

Buying, selling, relocating, and refinancing real estate properties could be challenging, especially if you have no one to guide you through the process. 

When you go through any of these undertakings,  the least you want to experience is a legal issue, as it’s something that could halt your plans. 

With the help of a reliable and seasoned real estate lawyer, you can get through any of these processes unscathed. 

A real estate lawyer can help you review property contracts and terms, ensuring that your rights and interests are protected.  

When you sell your property, their wise counsel can help you maximize your profit in an equitable and conscionable manner. 

If you’re dealing with equity takeouts and property refinancing, your real estate lawyer can help you evade pitfalls that could lead to massive losses. 

They can also review the provisions of your home equity loans to ensure that you sign with the best terms. 

Whether you’re the buyer, seller, or loan taker in a real estate transaction, you need your rights to be protected. You need someone to help you understand the stakes in the transaction and how you should attack the matter. 

With a knowledgeable lawyer by your side, you know you’re not compromising your investment.

What are Real Estate Lawyers?

Real estate lawyers are lawyers who specialize in cases involving real estate. They are licensed to practice real estate law, with the skills and experience to guide their clients going through home sales and other real estate transactions. 

Some people think that real estate only means deciding to sell a property, signing a contract that outlines the said sale, and receiving the money afterward. While these are parts of the process, they are just the ‘icing on the cake.’ The job of a real estate lawyer is to ensure that no matter what the transaction is, the client’s interests are well-protected. 

The role of the lawyer varies depending on who the client is. For instance, if the client is the seller, the real estate lawyer’s role is to ensure there are no legal impediments for the seller to sell the property. This means they have to check if there are liens and encumbrances attached to the property. The lawyer would also ensure that they draft a contract that upholds the right of their client. 

On the other hand, if the real estate lawyer’s client is the buyer, the former’s role is to ensure that the seller is the real and legal owner of the property. Aside from that, the lawyer is responsible for ensuring that there’s a title that they could check with the Land Title Office. Furthermore, the lawyer will also negotiate the terms of the contract and ensure that it’s not a contract of adhesion.

What Are the Responsibilities of a Real Estate Lawyer?

A real estate lawyer assumes many responsibilities to ensure that their client’s rights are upheld and protected. Here are a few of these specific responsibilities. 

Draft the contract

A contract of sale is what cements the transaction between the buyer and the seller. Part of the lawyer’s role is to draft an agreement that shows the presence of the essential and formal requisites of the said contractual obligation. The said contract must also unequivocally stipulate the object, subject matter, and price or consideration of the property subject of the sale. 

The lawyer has to ensure that the contract is just and equitable to both parties. They must also ensure that the payment terms are clear and that both parties have the legal capacities to enter into the said binding agreement.

Check the title for liens and encumbrances 

Part of the lawyer’s job to ensure their client’s rights is to see if the land title of the property subject of the sale is free from liens and encumbrances. If they don’t sort this matter ahead of time, there is a very high chance that creditors will run after the property once the owner sells it. 

There are also instances wherein the property was passed to the heirs by operation of law, but this fact is to be reflected in the title. In that case, the lawyer must also ensure that the property gets partitioned and titled before it’s sold. 

Dispute resolution 

There would be real estate cases wherein the ownership of the property is in question. In that case, the lawyer will have to initiate such an action as the quieting of title. If there are issues related to the property their client intends to buy or sell, they will be the first to suggest the resolution of the matter.  

When Should You Hire a Calgary Real Estate Lawyer?

There are plenty of reasons you need to commission a lawyer to help you sort a real estate matter. Here are specific instances that their help is most needed. 

When you sell a real estate property

When you intend to sell your house or commercial property, you need a lawyer to advise you on what papers to prepare, what terms to draft, and what formal and essential requisites of the law you must observe. The lawyer will also help you set a fair price for your property while also ensuring you address ownership and taxes issues beforehand. 

When you purchase a real estate 

The stakes are higher when you’re the one buying a property. This is precisely the reason why you need the legal advice of a seasoned lawyer. Since you will be parting with a considerable sum of money as consideration for the property you purchase, you need to ensure that you’re not entering a fraudulent sale. 

When you assume a mortgage

Assumption of a real estate mortgage could be tricky if you’re not familiar with the process. You might end up negotiating less favorable and more burdensome terms. In that case, you need a lawyer to help you negotiate wisely. 

When there’s conflict in property ownership 

When the issue involves multiple claims of ownership of a single property, the party in interest should file a petition for quieting of title. You will need the help of a lawyer to pursue this case.

5 Qualities of a Good Calgary Real Estate Lawyer

Expertise

You need a lawyer who has a proven track record in real estate cases. While all lawyers attend the same classes in law school and pass the same bar exam, one’s field of specialization matters during litigation and actual case handling. Find a lawyer who specializes in real estate law. Chances are, they have worked with clients with different needs in the past. These experiences helped them anticipate almost all types of scenarios related to real estate cases. With this, they can represent you well. 

Licensed

Apart from passing the bar, real estate lawyers need to be licensed to practice in the country, city, or state where you can locate the property or where the transaction takes place. 

Local knowledge

Aside from having the license to practice in the place where the transaction is taking place, the lawyer also needs to know the local laws governing real estate properties in the city, country, or state where the transaction takes place. They can represent their clients best if they are adept at the unique local rules. 

Dependable

A real estate lawyer’s job is serious since what’s at stake is their client’s property. If they fail to protect this, the client will stand to lose a considerable amount of money and assets. This is why a lawyer should be dependable at all times. 

Good Communication Skills 

A good and reliable real estate lawyer is somebody who can communicate clearly with their client. Since they are the ones who are knowledgeable of the legal aspects of the case, they must be ready to explain these to their clients in layman’s terms. They must also constantly communicate with their clients to ensure that expectations are established and met. 

If you want to make sure your rights and interests are protected when planning to purchase a property in Calgary, call Diamond and Diamond now!

Pro Tip

Choose a real estate lawyer who has thousands of transactions and several years of experience to provide you the right guidance and advice during the course of your transaction.

How to Hire the Best Calgary Real Estate Lawyer?

To hire the best lawyers, you must first know where to find them. Here are some tips to help you hire only the best Calgary real estate law practitioners. 

Find out what kind of lawyer you need

There are different areas of real estate law, so you need to identify first what kind of help you need. Do you need someone to draft a contract of sales? Do you need legal advice on a property you bought that comes with a lien? Or do you need help in seeking better refinancing terms? 

Once you identify your needs, that’s time you start looking for a specific lawyer to help you out. 

Search for a lawyer in your area

You can get in touch with your local bar association to ask for referrals. If not, you can also search online using the terms ‘real estate lawyer Calgary’ or ‘Calgary real estate lawyer.’ Once you already have a pool of prospective lawyers to work with, research these lawyers by visiting their websites and checking their credentials. 

Ask for referrals from friends

Ask your friends or family members to refer you to reputable and reliable real estate lawyers that helped them in the past. You can trust that their feedback is raw and honest because it’s their own experiences.  

Make a shortlist and choose

After researching and asking for referrals, make a shortlist of at least three lawyers you should consider working with. Narrow down your choices by comparing them according to expertise, license, local knowledge, dependability, and communication skills. After weighing your options, choose the best one. 

How Diamond and Diamond Can Help?

If you’re still searching online for real estate law Calgary lawyers, get in touch with Diamond Law. Their team of competent real estate lawyers can give wise counsel and represent you competently in any real estate litigation. 

Talk to them now for a free consultation on your real estate queries. Contact them here.

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