Real Estate Lawyers in Kamloops

Protecting Your Interests

One of the most important purchases you will ever make is the purchase of your home. We have the expertise to ensure that your purchase is completed promptly, thoroughly and cost effectively. We are committed to serving your needs and protecting your interests.

If you are considering the purchase of real estate, there are certain things you should be aware of:

  • The CONTRACT, when signed by the parties, is a LEGALLY BINDING AGREEMENT for residential real estate transactions in British Columbia. If you are unsure of anything, seek professional help. Read carefully before signing. All terms of the agreement should be in writing as the contract expressly excludes any verbal agreements. Likewise, anything in the contract which is not applicable to the sale should be DELETED by striking it out.
  • Any deposit paid directly to a Vendor is unsecured. It would therefore be advisable that any sizable deposit be held in trust with an agent, lawyer or notary.
  • It is the Purchaser's responsibility to check out the ZONING, the FITNESS of the building, any use RESTRICTIONS, ENCROACHMENTS on the property and any other charge staying on title. Failure to do so could make the Purchaser legally bound to accept the conditions as they exist. These conditions must also be satisfactory to any lender. A Vendor allowing a Purchaser to assume a mortgage could still be liable for mortgage payments unless the mortgage company agrees to release the Vendor's covenant.
  • On COMPLETION, it is advisable that the following procedure be followed:
    • The Purchaser's lawyer/notary should prepare all the necessary documents and forward them to the Vendor for signature. The Vendor should execute and return the documentation in trust to the Purchaser's lawyer/notary prior to completion.
    • The amount due on completion including all adjustments should be paid in trust to the Purchaser's lawyer/notary before the completion date and the Purchaser should sign all necessary documents.
    • Once documents are signed and the necessary funds are in trust, the Purchaser's lawyer/notary should coordinate registration in the appropriate Land Title Office of the documents as well as any mortgage documentation.
    • After confirmation of filing, the Purchaser's lawyer/notary shall release the sales proceeds. The Vendor is entitled to these on the completion date. Consequently, it is strongly recommended that all necessary documents be signed and monies put in trust in advance of such date.
  • The adjustment date usually coincides with the possession date.
  • Although there may be others, the following are the costs applicable in most circumstances:


Lawyer or notary's fee and expenses for:

  • Attending to sale on Vendor's behalf
  • Discharging any encumbrances
  • Land Title fees

Costs of clearing title including:

  • Discharge fees charged by encumbrance holders
  • Prepayment penalties
  • Real estate commission (if applicable)


Lawyer's or notary's fees and expenses for:

  • Advising with respect to purchase
  • Searching and reviewing title
  • Search and Land Title registration fees
  • Drafting documentation
  • Property Purchase Tax

Costs of mortgage including:

  • Search and Land Title registration fees
  • Survey certificate (if required)
  • Appraisal (if required)
  • Mortgage company's fees
  • Mortgage company's lawyer/notary
  • Provincial Sales Tax (if applicable)
  • Goods and Services Tax (if applicable)
  • The POSSESSION date should be AFTER the completion date. The Vendor should not let the purchaser in until the funds due on completion have been paid.
  • FIRE INSURANCE is not applicable unless there are insurable buildings on the property being purchased. The Purchaser's insurance should be effective at the earlier of the completion dates or the date the completion proceeds are paid into trust. The Vendor should maintain insurance in effect until the Vendor receives the sale proceeds.
  • Lists all ITEMS which are to be included in the purchase and which are excluded.

For more information or to schedule a personal consultation, please contact our office.

Copyright Woitas McLeod Law 2018 - Legal
Created by

Legal notice