160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
Home / Real Estate Law / Residential Real Estate
Buying or selling a home, condo or new build in Calgary? We review your contract, protect your deposit and title, and get you to possession day smoothly.
We protect your money and your title from accepted offer to possession day, whether you are buying or selling.
A home is usually the largest purchase you will ever make, and the legal work behind it decides whether you end up with clear title to the property you paid for. OLEX Legal acts as a residential real estate lawyer for Calgary first-time buyers, growing families, downsizers, investors and estates.
On a purchase, we typically:
On a sale, we prepare the transfer, obtain mortgage payout statements, discharge your mortgage, handle Dower consent and deliver everything the buyer’s lawyer needs. If you are also refinancing, see our mortgage refinancing page.
The standard AREA contract sets the deal terms, and your conditions are your exit window, so review them before they expire.
Most Calgary resale homes are sold using the standard residential purchase contract published by the Alberta Real Estate Association (AREA). It is a well-tested form, but the blanks, schedules and added clauses are where problems hide. The contract sets the price, deposit, completion day, possession, included goods and each side’s promises about the property.
Conditions must be satisfied or waived by a set date before the deal becomes firm. Common buyer conditions include:
Once conditions are removed, walking away generally puts your deposit at risk and can expose you to a claim for damages. It is far easier to fix a problem clause before you sign or remove conditions than after.
Send us your contract the day it is accepted, while your conditions are still open, not the week before closing.
The RPR shows where buildings sit on the lot, and the City’s compliance stamp confirms they meet the land use bylaw.
A Real Property Report (RPR) is a legal survey prepared by an Alberta Land Surveyor. It shows the property boundaries and where the house, garage, decks and fences sit. Under the standard AREA contract, the seller generally must provide an RPR that accurately reflects the property as it is today.
The RPR should also carry evidence of municipal compliance. In Calgary, the City reviews the RPR against its land use bylaw and either stamps it as compliant or identifies what does not comply.
When we review an RPR, we look for:
Sellers should order the RPR and compliance early, as surveyor and City timelines vary. Title insurance can sometimes replace an RPR, but only if the contract allows it and both sides agree.
Condo documents show the corporation’s finances and rules, and they are the best predictor of future fees and special levies.
When you buy a condominium, you buy a unit plus a share of the common property, and you join a corporation that sets the rules and the fees. Alberta’s Condominium Property Act gives buyers access to key records, and we help you read them before your condition deadline.
If something looks concerning, we explain it so you can renegotiate or walk away while your condition is still open.
In focus
Builder contracts favour the builder, so review deposits, completion dates and warranty terms before you sign.
Buying a new home or condo from a builder is different from a resale. Builders use their own purchase agreements rather than the AREA form, and those agreements are drafted to protect the builder. Many let the builder move the completion date and substitute finishes.
We review the builder agreement for:
Alberta’s New Home Buyer Protection Act requires most new homes to carry a warranty: generally one year for labour and materials, two years for delivery and distribution systems, five years for the building envelope and ten years for major structural components. We confirm the warranty is in place and that you know how to make a claim.
Deposits are held in trust, title insurance covers defined title risks, and Alberta charges registration fees instead of land transfer tax.
Your deposit is usually paid to the listing brokerage, which holds it in trust until closing. If a deal collapses, who keeps the deposit depends on the contract and why the deal failed, so never assume it will simply come back. The rest of your down payment and the mortgage funds flow through our lawyer trust account, which is regulated by the Law Society of Alberta.
Title insurance is a one-time policy that protects you and your lender against certain title defects, survey problems, fraud and some unregistered work orders. Many lenders require it.
No land transfer tax. Alberta does not charge a land transfer tax. Instead, the Land Titles Office charges registration fees for the transfer and the mortgage, each made up of a base fee plus an amount tied to the property value or mortgage amount.
Other closing costs usually include property tax and condo fee adjustments, title insurance premiums and any lender or appraisal fees.
Alberta deals close on lawyers’ trust conditions and undertakings, so title and money can move safely before old mortgages are discharged.
Most Alberta residential deals close on trust conditions and undertakings under the Western Canada Conveyancing Protocol. This lets the buyer’s lawyer register the transfer and new mortgage before the seller is paid, so the buyer’s lender can release its funds.
An undertaking is a lawyer’s personal, professional promise, such as the seller’s lawyer promising to use the sale proceeds to pay out and discharge the seller’s mortgage. This lets money and title move safely even though old mortgages are discharged after closing.
A typical closing week looks like this:
Possession follows on the date and time set in the contract. Do your walkthrough and report any problems to us right away.
If your spouse is not on title to your home, the Dower Act usually requires their written consent to sell or mortgage it.
Alberta’s Dower Act protects a married person whose spouse owns the family home, called the homestead. If you are married and your name alone is on title to a home you and your spouse live in, or lived in during the marriage, your spouse generally has dower rights. These include a say in any sale or mortgage and a life estate in the homestead if the owner dies first.
To sell or mortgage a homestead, the non-owning spouse normally signs a consent. Before signing, they must meet with a lawyer or commissioner apart from the owner and acknowledge that they understand their rights and consent freely.
Other options include:
Dower applies to married spouses, not adult interdependent partners. If you are separating, coordinate the sale with your divorce and separation lawyer, and see our land title transfer services if one spouse is keeping the home.
FAQs
Do I need a lawyer to buy a house in Alberta?
In practice, yes. Lenders require a lawyer to register the mortgage and hold funds in trust, and the transfer must be prepared and registered correctly at Land Titles. A lawyer also reviews title and the RPR, catching problems that are hard to fix after closing.
When should I contact a real estate lawyer?
As early as possible, ideally before you sign or as soon as your offer is accepted. Reviewing the contract while conditions are still open gives you room to fix problem clauses. At minimum, we need your contract and lender details a few weeks before closing.
Can I get my deposit back if my financing falls through?
If your contract has a financing condition and your lender declines before the condition deadline, you can generally let the condition fail and your deposit is returned. If you have already removed the condition, the deposit is usually at risk. Call us right away if financing problems arise.
What if the seller's RPR shows a problem?
It depends on the issue. Minor items may be resolved by an encroachment agreement or a development permit, while larger problems may justify a price adjustment, a holdback of funds or a delay in closing. The earlier we see the RPR, the more options you have.
How long does it take to close a house purchase in Calgary?
Closing dates are set in the contract and are negotiated between buyer and seller, often several weeks after conditions are removed. Most of our work happens in the final two weeks, once lender instructions arrive. Giving us your documents early helps avoid last-minute delays on possession day.
My spouse is not on title. Can I still sell our home?
Yes, but if you are married and the property is your homestead, your spouse will usually need to sign a Dower consent after meeting separately with a lawyer. If they are unavailable or refuse, there are other routes, including a court order. Raise this early so it does not hold up closing.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Book a consultation and we'll review your contract before your conditions come off.
or call 587-333-4358
