REAL ESTATE LAW

Throughout our careers, we have been engaged in hundreds of property transactions and would be pleased to assist you with this process.

We frequently represent buyers in the purchase of a single-family home, a duplex, or a triplex from a private seller. In many circumstances, we assist our purchasing clients in obtaining finance.

We also represent buyers of new houses and those negotiating a home purchase with a builder. Simply put, our home purchase services in Calgary include but are not limited to: 

• Drafting and negotiating real estate purchase contracts
• Reviewing all clauses of the contract and ensuring that all contractual deadlines are met
• Liaising with lenders, real estate agents, and home inspectors throughout the closing
• Property/title searches
• Researching property zoning and bylaws
• Property transfer tax advisory
• Preparation of affidavits (statements of facts used to support an application), writing letters and attending to the legal filing of documents.
• Resolving real estate disputes, such as boundary line disputes, misrepresentations about realty or unpaid realty fees

Whether you need help buying or selling a home, our team will work hard so that the process is as smooth and simple for you as possible! 

After a tenant has moved into a rental property, it is critical for landlords to understand their legal obligations. Rental agreements are governed by provincial legislation that protects both the landlord and the renter. Landlords frequently seek our advice on tenant disputes and eviction actions.

We also represent tenants in landlord-tenant disputes. We can help you resolve problems with your landlord if he or she fails to maintain the property or makes unjustified claims against you as a renter.

Our lease agreement services include, but are not limited to:

• Drafting and negotiating sound real estate lease contracts for residential, commercial, or industrial property
• Ensuring that all contractual deadlines are met throughout the life of the agreement
•  Advising our landlord clients on issues involving their tenants, such as unpaid rent, late payments, lease agreements/breaches, and evictions
•  Managing the complete termination of a lease agreement upon expiry or earlier breach of contract • Resolving real estate disputes between landlords and tenants
• Addressing issues such as rent increases or late payment charges for tenants
• Advising on changes in legislation affecting landlords and tenants
• Advising on landlord and tenant issues (such as privacy rights, sharing utilities, etc.) that might arise during the course of a rental agreement

Whether you are a landlord needing assistance with drafting or enforcing your tenant's agreement or a tenant being evicted from a property, our team will work with resolve on your behalf. 

You must be certain that all legal issues of the sale have been resolved when selling a home in Calgary. From pre-listing to marketing through closing, the Real Estate Act and Regulations will have an impact on the real estate transaction. From the time their property is listed for sale until it is sold, we educate our seller customers on these difficulties.

Our house sale services include but are not limited to: 

• Drafting and negotiating real estate purchase contracts (which may or may not include addendums such as Seller Property Information Statement, Disclosure of Title Condition Report, etc.) for prospective purchasers
• Reviewing all clauses of the contract and ensuring that deadlines in the contract are met
• Liaising with real estate agents throughout the negotiation process
• Making representation on behalf of our seller clients regarding property disclosures, offers, related issues, and other contractual obligations
• Liaising with lenders to ensure that financing is in place for prospective purchasers
• Completing all necessary paperwork and assisting with the legal process of closing a real estate sale

Whether you are selling your home or needing to have it sold for you, the team at Laws & Beyond will help protect your interests during this crucial stage in your life. 

Obtaining financing for the purchase of your property is simple. However, there are numerous problems that might arise if you do not correctly get financing or ensure that all dates in your mortgage agreement are met.

We help our clients comprehend their mortgage arrangements and work as a liaison to ensure that deadlines are met. We also make certain that our clients obtain the full advantage of their financing agreement with their lender once the closing date arrives.

Our services include but are not limited to:

• Securing the proper financing for your purchase, be it residential or commercial property
• Complete review of your mortgage contract and all deadlines involved in its completion
• Assisting throughout the pre-sale negotiation process, including review of any addendums to the agreement
• Assisting in the pre-sale property walk-through process
• Assistance with legal documentation at closing
• Ensuring that you are provided with full benefits of your financing contract in a timely fashion, whether it is at closing or upon pre-set deadlines throughout your mortgage agreement

Whether you are looking to purchase your first home, refinance your current mortgage, or looking for assistance in obtaining other types of financing, our team will help you through the entire process. 

Your lender may choose to foreclose on your home if you are unable to make your monthly mortgage payments. However, specific legal procedures must be followed, and any departure may lengthen the time it takes to complete the foreclosure or result in additional costs for you.

Your legal options when faced with a foreclosure include: 

• Asking for a payment deferral
• Renegotiating the mortgage
• Negotiating a short sale
• Declaring bankruptcy 

Depending on the circumstances and available legal avenues, we will assess your situation and recommend an option that may or may not result in a lengthy court process.

These options are not always available to everyone; therefore, we recommend you contact us as soon as possible for proper legal representation.

We assist clients throughout the entire foreclosure process by: 

• Reviewing your mortgage agreement and all deadlines set out in the contract
• Assisting with the pre-sale negotiation process
• Acting on your behalf during all court proceedings, including foreclosure mediation or sale hearing
•  Notarizing affidavits and other legal documents submitted by our clients for review by the courts
• Providing advice to our clients throughout this arduous time in their lives

We understand that foreclosure is a stressful time in most individuals' lives. Since it can have serious consequences on your credit rating, we will strive to ensure that you are presented at all court proceedings without delay or flaw so that you may obtain clarity regarding your legal rights moving forward after foreclosure. 

Commercial real estate transactions must comply with federal, provincial, and local legislation, as well as the tenants' rights. To guarantee correct procedure is followed from the beginning to the end, these complicated legal concerns necessitate a full understanding of the by-laws, covenants, and contract law.

We have extensive experience in commercial real estate transactions, ranging from the purchase or sale of a small business to sophisticated multi-million dollar transactions.

We will ensure that all deadlines are followed and that the buyer's interest is protected as required by law in circumstances where the buyer wants financing to purchase a property. In addition, if necessary, we will assist with the pre-sale negotiating process and other legal documents.

Other of our commercial real estate services include:

• Proper assessment of property title and all by-laws, covenants, and easements
• Property tax appeal 
• Drafting and reviewing contracts between the buyer/seller and tenants
• Drafting and reviewing leases to ensure they are valid under provincial law
• Acting as your representative for any issues the seller or tenant may have during the sale/lease period

Contact our firm today if you would like to discuss your options about any of the aforementioned or other legal matters. 

There are a number of difficulties that must be resolved before the land transfer may be completed. We will provide legal assistance and assist in the transfer of your property title to guarantee that all required procedures and deadlines have been followed.

We understand that for those who are not well prepared, this procedure might be difficult. We will explain the appropriate laws to you and ensure that the personal rights of all parties involved are protected throughout the transaction.

Our services include:

• Assistance in proper assessment of property title to determine legal requirements
• Reviewing all documentation between the buyer and seller, including deeds and agreements
• Assistance in applying for a building permit or variance, if required for the land use.
• Notarizing affidavits and other legal documents submitted by our clients to the proper authorities to ensure no lapse in time during this process
• Drafting mortgages with financial institutions

Other services may be provided depending on your specific needs. Contact our firm today for assistance in receiving clarity regarding your legal rights. We will strive to ensure you are fully aware of the applicable laws and regulations so that you may make an informed decision 

When terminating a lease, it is important that the eviction process is executed properly to nullify all future liability. We will provide advice on this process and ensure that your rights are protected throughout this transaction.

We offer our services both during the pre-sale phase of a rental unit (i.e., drafting an eviction notice) and after the process has been initiated (i.e., obtaining an order of possession).

Proper eviction procedures will ensure you are not responsible for any future debts incurred by your tenants. We will ensure that all deadlines are met and your legal rights upheld throughout this process.

Our services to current and potential property owners include:

• Pre-sale services in which we assist in drafting an eviction notice for your tenants
• Proper procedure if you are pursuing an order of possession through the courts
• Assistance in applying to the Landlord and Tenant Board
• Providing representation at any hearings required to obtain the order of possession 

Our services to tenants include: 

• Reviewing eviction notices to ensure they are correctly drafted and serve the purpose intended by the Landlord/Tenant Board
• Providing representation at any hearings required to dispute the landlord's claim
• Advising tenants on all applicable laws and regulations that may affect their case

We offer a free initial consultation and will clarify your options and rights to ensure the process goes as smoothly as possible. 

When renting space, it's critical to understand your responsibilities as a tenant or landlord.

We'll provide you guidance on the details of your contract and make sure that any conditions are provided or waived by both parties in compliance with the law.

Tenants, landlords, property managers, and anybody else who needs help with their tenancy agreement can use our services. This includes creating new agreements to replace old ones as well as providing advice on any clauses in an existing contract.

Our services to landlords include:

• Advising on any additional clauses you may want to be included within a tenancy agreement 
• Drafting new agreements when your current agreement is being dissolved

We provide the same services to tenants, however, we recommend that you get legal advice before agreeing to anything a landlord offers.

Please contact our office right away if you need help understanding your legal rights. We will work hard to make sure you understand all applicable rules and regulations so you can make an informed decision.