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Search our knowledge base for answers about buying, selling, remote signing, closings, and more.

Remote Signing

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Yes, Giardino Law offers remote signing services that allow you to sign all real estate documents digitally through a secure video conference. This modern approach eliminates the need for in-person meetings while maintaining the legal validity of your signatures under Alberta law.

Remote signing is included in our standard legal fees with no additional charges. We believe in making the conveyancing process as convenient and affordable as possible for our clients regardless of whether you choose in-person or remote signing.

We use encrypted video conferencing, secure document transmission, and authenticated user access to protect your sensitive information. All documents are transmitted through secure channels and stored with strict confidentiality protocols compliant with Alberta privacy regulations and solicitor-client privilege.

The Clio Client Portal is a secure online platform where you can access your transaction documents, communicate with our team, and upload required information. It provides a convenient way to stay informed about your real estate matter without needing to visit our office.

General

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The typical conveyancing process in Alberta takes 4-8 weeks from the time the purchase agreement is signed. The timeline depends on factors such as home inspection completion, mortgage approval, title searches, and coordination between all parties. We'll provide you with a detailed timeline at the outset of your transaction.

The main steps include: receiving your purchase agreement, conducting title and property searches, arranging financing, obtaining a home inspection, requesting an Estoppel Certificate (if applicable), arranging insurance, preparing closing documents, conducting the signing meeting, and completing the final closing with funds transfer and registration.

While not legally required, having a lawyer is highly recommended. Your lawyer protects your interests by reviewing agreements, conducting searches, handling fund transfers, registering title, and ensuring all legal requirements are met. This professional guidance significantly reduces your risk and provides peace of mind.

Your lawyer reviews all closing documents, ensures all conditions are satisfied, coordinates with lenders and title companies, prepares and witnesses your signatures, arranges fund transfers, pays out mortgages and other obligations, and registers the new title in your name. We act as your advocate to ensure a smooth, compliant closing.

If issues arise, we work to resolve them promptly through negotiation with the other party's lawyer. For serious disputes, we advise on legal options which may include specific performance, rescission, or damages. Our goal is always to protect your interests and find practical solutions to keep your transaction on track.

The real estate agent typically facilitates the sale negotiation and coordinates scheduling. However, they cannot provide legal advice. Your lawyer handles all legal matters including title review, financial arrangements, document preparation, and closing coordination to ensure your legal interests are properly protected.

I'm a Seller

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The purchase agreement specifies the closing date by which the buyer must complete their payment. If they fail to pay, we take immediate legal action on your behalf. Most Alberta transactions proceed on schedule, and our firm monitors all conditions to ensure timely completion and your protection.

If the buyer fails to pay by the closing date, we can pursue remedies including specific performance to force completion, damages for interest and costs, or rescission of the sale. We work diligently to enforce your rights and secure your sale proceeds without unnecessary delay.

You should maintain insurance until the closing date when the buyer assumes ownership. Do not cancel it before closing in case damage occurs. We'll advise you of the exact date to cancel, which is typically the day after closing once the buyer's insurance is confirmed to be in effect.

A holdback is a portion of the purchase price that the buyer's lawyer retains temporarily to ensure certain obligations are fulfilled, such as property taxes, mortgages, or liens being paid. This protects the buyer and ensures creditors are paid from the sale proceeds. We explain and manage all holdback arrangements.

Estate sales involve unique legal considerations including obtaining probate authority, resolving beneficiary interests, and managing creditor claims. Our firm specializes in estate conveyancing and ensures all legal requirements are met, deceased's wishes are honored, and proceeds are properly distributed to the estate.

I'm a Buyer

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Congratulations on your purchase! After signing the agreement, contact us immediately. We'll guide you through each step including mortgage pre-approval, home inspection arrangements, title searches, arranging insurance, preparing funds, and preparing for your signing meeting. We provide detailed checklists and regular updates throughout the process.

Our conveyancing fees are competitive and typically range from $1,200 to $1,800 depending on the transaction complexity. We provide a detailed fee estimate upfront so there are no surprises. This includes all legal work through closing and registration of your title.

Key reminders: arrange home and title insurance promptly, maintain adequate funds for down payment and closing costs, keep your mortgage lender informed of any changes, conduct a final walkthrough before closing, and review all closing documents carefully. We're available to answer any questions throughout the process.

Tenancy at Will is a temporary arrangement allowing the seller to remain in the property after closing while completing their own purchase. It's governed by a specific agreement and typically involves daily rent. We carefully document all terms to protect both parties and avoid disputes.

The GST rebate on a new home purchase can reduce the GST payable by up to $6,250 on homes under $350,000. You must obtain occupancy before the rebate is claimed. We ensure you qualify and prepare the necessary documentation to secure this valuable credit at closing.

No, Alberta does not have a provincial land transfer tax, which is one of its advantages for real estate buyers. However, you may be responsible for municipal filing fees, title insurance costs, and property taxes. We provide a complete estimate of all costs at the beginning of your transaction.

Remote Signing Meeting

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Yes, you'll need a valid government-issued photo ID (driver's license, passport, or provincial ID). We'll request all signing documents in advance so you can review them. We also require confirmation of your address for verification purposes before the signing meeting commences.

In limited circumstances, you may authorize a representative with proper power of attorney documentation. However, the person with actual signing authority must attend and provide identification. We review all authorization documents beforehand to ensure they comply with Alberta law.

Prepare by reviewing all documents we send in advance, having your government ID ready, ensuring a quiet private space with reliable internet, and gathering any cheques or bank details needed. Make a list of questions and have your mortgage details available for reference during the meeting.

We'll contact you once all conditions are satisfied to propose available meeting times. You can schedule through the Clio Client Portal or by calling our office at 780-473-7779. We offer flexible scheduling including evenings and weekends to accommodate your schedule.

The signing meeting is scheduled shortly before your closing date once all transaction conditions are satisfied. We typically schedule it 2-3 days before closing to allow time for document preparation and fund arrangement. We'll confirm the exact date and time through the Client Portal.

Contact us immediately through the Client Portal or by phone to reschedule. We'll work with your availability, but please note that rescheduling may affect your closing timeline. Late reschedules close to the closing date may result in specific performance claims from the other party.

Remote - Technical Requirements

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You need a computer, tablet, or smartphone with a working camera, microphone, and stable internet connection. A desktop computer with a larger screen is recommended for reviewing documents, but any device capable of video conferencing will work for the signing meeting.

Yes, mobile devices and tablets are suitable for the video conference. However, we recommend having a computer or tablet available for reviewing the documents before and during the meeting, as this provides a better viewing experience for complex legal documents.

We use Zoom as our primary video conferencing platform due to its reliability, security features, and ease of use. We'll send you a secure Zoom link in advance of your meeting. No special software installation is required beyond what Zoom provides.

You don't need to create a Zoom account. Simply click the meeting link we provide and you can join as a guest. Zoom will either open in your browser or prompt you to download a small application, both of which are free and straightforward to complete.

Yes, remote signing is fully valid under Alberta law for real estate transactions. The legislation permits electronic signatures and remote notarization when conducted by a lawyer. We ensure all signing is properly documented and witnessed to maintain full legal validity and registrability.

Alberta law requires that a lawyer personally supervise the signing, verify the signer's identity, ensure the signer understands the documents, and that the signing occurs over video. We comply fully with all legislative requirements to ensure your signatures are legally binding and can be properly registered.

Remote - Signing Package

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We'll provide clear instructions on how to arrange payment, typically by certified cheque or electronic funds transfer to our trust account. Payment is due before the signing meeting commences. We'll confirm the exact amount, payee information, and deadline in advance.

Your signing package will be delivered through the Clio Client Portal in PDF format for review and printing. We also email the documents directly and can arrange courier or postal delivery if you prefer physical copies. Delivery typically occurs 5-7 days before your signing meeting.

After the remote signing meeting, your documents are already signed electronically and retained by our office. If physical copies are required, we'll provide return shipping instructions via courier service at no cost to you. Documents must be returned by the specified deadline.

For remote signing, all documents are signed during the video meeting and retained electronically by our firm. If physical documentation is needed, we arrange and pay for the courier service to return materials. You simply package them securely and hand to the courier driver.

We typically arrange courier service using our preferred carriers for efficiency and tracking. However, you may use your own courier service if you prefer, provided it's insured and can deliver by our deadline. Contact us beforehand if you wish to use an alternative service.

For remote signing, documents are completed during the meeting itself. If physical returns are required, we need them by 4:00 PM the business day before closing. Late returns may delay closing or result in specific performance claims from the buyer. We'll confirm exact deadlines in your instructions.

Selling - Signing Meeting

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We schedule the signing meeting 2-3 business days before closing once all conditions are satisfied. This timing allows us to finalize documentation and arrange funds. You'll receive notification through the Client Portal and by phone with options for the meeting time.

Review all documents we send in advance, gather your government ID, and prepare any questions about the documents. Have mortgage statements available showing current payoff amounts. Set aside 1-2 hours for the meeting and ensure you have the property deeds and latest property tax statement accessible.

Contact us immediately through the Client Portal or by phone. While we'll do our best to accommodate, rescheduling may affect your closing timeline. Changes made within 3 days of the scheduled meeting may be difficult to accommodate and could trigger specific performance claims from the buyer.

Yes, we offer evening and weekend signing meetings to accommodate your schedule. These can often be arranged for a small additional fee to cover after-hours staffing. Request alternative times when you receive the scheduling notice and we'll work with you to find a mutually convenient time.

You can cancel or reschedule up to 48 hours in advance with notice. However, cancellations close to closing may be treated as a failure to complete the sale, triggering buyer remedies. Any modification requires immediate notification to avoid jeopardizing your transaction.

If you're outside Edmonton, we offer remote signing through secure video conference at no additional cost. Alternatively, you can arrange a video call with our lawyer, or we can coordinate with a local lawyer in your area to witness your signatures if you prefer in-person signing.

Selling - Signing Documents

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As a seller, you'll sign the Declaration of Title, Property Transfer Form, closing statement, mortgage discharge authorization (if applicable), property tax clearance consent, and various other documents depending on the transaction. We provide a complete explanation of each document during the signing meeting.

Contact us immediately upon discovering any errors. Do not sign documents with errors. We can make corrections and prepare amended documents quickly. Errors might include incorrect property descriptions, amounts, or party information. Early notification ensures we can correct before your scheduled signing meeting.

After signing, our lawyer retains the documents safely. We coordinate with the buyer's lawyer and lenders to ensure closing conditions are satisfied. On closing day, we register the title transfer with Alberta Land Titles, process fund transfers, pay off mortgages and liens, and arrange payment of your sale proceeds.

If your spouse is not on title, they generally don't need to sign. However, spouses may need to provide spousal consent or release of family property claims depending on circumstances. We review your property ownership and advise on who must sign before the signing meeting.

You'll need to sign documents in your current legal name. If your name has changed since registration, we'll require legal documentation of the name change (marriage certificate, change of name order). We can coordinate with Land Titles to ensure proper identification for document signing and registration.

Selling - Payments

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You'll receive your net proceeds within 2-3 business days after closing. On closing day, we collect funds from the buyer, pay off your mortgage and other obligations, pay legal fees and real estate commission, and arrange transfer of remaining funds to your account via electronic transfer or cheque.

Our conveyancing fees for sellers typically range from $1,200 to $1,800 depending on complexity. This includes all legal work from receiving the purchase agreement through closing and registration. We provide a detailed fee estimate at the outset so you understand costs before we commence work.

Legal fees are deducted from your sale proceeds on closing day. You do not need to pay in advance. Our law firm invoices the funds from the sale proceeds after the buyer's funds are received and cleared, ensuring payment directly from sale proceeds.

Yes, real estate commission is deducted from the sale proceeds according to the listing agreement. We coordinate with the real estate board and buyer's brokerage to ensure proper distribution of commission funds on closing day.

Yes, we discharge your mortgage on closing day. We obtain the payoff statement from your lender, collect sufficient funds from the buyer, and arrange full payment to satisfy and discharge the mortgage. Your property title is transferred free and clear to the buyer.

We request a current payoff statement directly from your mortgage lender. The statement provides the exact amount owing, interest calculations to closing, and instructions for payment and discharge. We verify this amount with the lender on closing day before funds are distributed.

Buying - Signing Meeting

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We offer remote signing via secure video conference at no additional cost if you're outside Edmonton. Alternatively, we can coordinate with a local lawyer in your area to witness your signatures, or arrange a video call directly with our lawyer. Choose the option that works best for your circumstances.

Contact us immediately through the Client Portal or by phone. We'll work to accommodate if possible, but rescheduling may affect your closing timeline. Changes requested within 48 hours of closing may create specific performance liability if the buyer is unable to reschedule their own signing.

Cancellations and modifications must be communicated immediately. Cancelling close to closing may be treated as your failure to complete the purchase, resulting in loss of deposit and potential damages claims. We recommend discussing any concerns with us before the signing meeting is scheduled.

Yes, we accommodate evening and weekend signing meetings to fit your schedule. A small after-hours fee may apply. Request alternative times when you receive the scheduling notice and we'll confirm availability and any additional costs.

We schedule the signing meeting 2-3 business days before closing once all conditions are satisfied. This timing allows for document preparation and final fund arrangement. You'll receive notification of available times through the Client Portal with options for your preference.

Buying - Signing Documents

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As a buyer, you'll sign the mortgage deed, property transfer statement, closing statement, builder warranties (if applicable), and various other documents. We provide detailed explanations of each document before your signing meeting so you fully understand what you're signing.

Contact us immediately if you notice any errors. Do not sign documents with mistakes. We can prepare corrected versions promptly. Common errors include incorrect legal descriptions, property addresses, or mortgage amounts. Early notification ensures we can correct before your scheduled signing.

Buying - Closing Issues

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Contact us immediately with details of any defect or issue. Depending on the problem, you may have warranty claims, seller recourse under the purchase agreement, or potential legal remedies. Document the issue with photographs and preserve evidence. Time is important for asserting warranty and contractual claims.

If you refuse to complete after signing the purchase agreement without valid legal grounds, you're in breach. The seller can sue for specific performance (forcing you to buy) or claim damages including interest and legal costs. Valid reasons to back out include unsatisfied conditions stated in the agreement or fraud by the seller.

Yes, if a home inspector's negligence causes you financial loss, you may have a claim for breach of contract or negligent misrepresentation. However, most inspection contracts limit liability significantly. We review your inspection report and agreement to advise on potential claims and proper notification to the inspector.

Closings may be delayed for various reasons including mortgage approval delays, inspection failures, title issues, or lack of satisfactory funds. We work diligently to prevent delays by monitoring all conditions and coordinating with all parties. If delay is unavoidable, we notify you immediately and advise of implications.

If closing is delayed, interest accrues daily. If you're not meeting the contractual closing date, the seller may claim damages. We work to minimize delays and negotiate extensions if necessary. The purchase agreement specifies what happens if closing doesn't occur on time, which may include specific performance or damages claims.

Buying - Payments

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The purchase agreement specifies when your deposit is due, typically within 3-5 days of offer acceptance. This is paid to the seller's lawyer as stakeholder. The deposit is credited toward your down payment at closing. Failure to pay forfeits the deposit and may trigger specific performance claims.

Contact us immediately if you don't have funds ready. Delaying the signing meeting can jeopardize your closing date and give the seller grounds for specific performance claims. We can help arrange financing or payment options, but this must be communicated to us before the scheduled meeting time.

Yes, you can provide multiple bank drafts to make up the total funds due on closing. However, we strongly recommend a single draft for simplicity. If using multiple drafts, clearly label each with the amount and ensure the total matches our statement. Multiple drafts create additional tracking requirements for our accounting.

For the deposit, payment is made to the seller's lawyer as stakeholder according to their instructions. For closing funds, we provide detailed payment instructions 3-5 days before closing specifying our trust account, payee name, and reference information. You'll arrange funds through your bank or lender.

The deposit is typically due within 3-5 business days of your offer being accepted, as specified in your purchase agreement. Payment is made to the seller's lawyer to hold in trust. Failure to pay the deposit on time may result in loss of the deposit and the seller pursuing specific performance or damages.

Selling - Real Property Report

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We can arrange for a Real Property Report to be prepared. This survey updates your property description and identifies any new encroachments or changes. The report typically takes 5-7 weeks to obtain and costs $600-1,200. Early ordering is important as this may be required for closing.

We handle ordering the Real Property Report on your behalf through a licensed surveyor. We provide a quote and timeline, obtain your authorization, and coordinate all steps. You'll receive the completed report and we review it for any issues or compliance concerns before providing it to the buyer.

If your property has non-compliant structures like a deck without permits, the buyer may require resolution before closing. Options include: obtaining retroactive permits, removing the structure, or proceeding with title insurance exceptions. We advise on the best approach based on the buyer's requirements and closing timeline.

Title insurance costs typically range from $150-$300 depending on the property value and policy coverage. It's a one-time premium paid at closing. Title insurance protects the buyer (and lender if required) against loss from title defects, encumbrances, or liens that may not appear in the title search.

Typically, the buyer pays for title insurance as they are taking on the property. However, the purchase agreement may require the seller to pay. We advise based on your agreement and local custom. Regardless of who arranges it, the cost is usually deducted from your sale proceeds on closing day.

For non-compliant structures or concerns, contact the City of Edmonton's Planning and Development or relevant municipality. They'll advise on requirements for permits, variances, or other solutions. For permitted structures without compliance, we may obtain a statutory declaration or title insurance exception to clear the title for sale.

Buying - Real Property Report & Title Insurance

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Title insurance protects you and your lender against losses from title defects that may not appear in official records, such as undisclosed liens, forged documents, or boundary disputes. It's a one-time premium paid at closing and provides coverage for the full property value throughout your ownership. We strongly recommend obtaining title insurance.

Selling - Closing Day

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Typically, you provide the keys to the buyer's lawyer when closing funds are received and your mortgage is discharged. If you wish to hand keys directly to the buyer, we can coordinate this at the agreed time. The transfer of keys is the buyer's evidence that you've vacated and they can take possession of the property.

Buying - Closing Day & Keys

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You'll receive keys on closing day once all funds have been transferred and the seller's mortgage is discharged. This typically occurs in the afternoon after the title transfer is registered at Land Titles. Your lawyer will confirm receipt of closing funds before keys are released by the seller's lawyer.

Keys are provided by the seller's lawyer once closing is complete and funds are cleared. This occurs through your lawyer on closing day. Alternatively, the seller may provide keys directly to you if coordinated with our office. Either way, you cannot take possession until all closing conditions are satisfied.

Buying - Post Closing

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Your official property title certificate is issued by Alberta Land Titles once the transfer is registered. This typically occurs within 2-4 weeks after closing. We'll send you the original title document, mortgage discharge confirmations, and a final closing statement showing all transactions and adjustments completed.

Selling - Post Closing

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We send your final reporting package within 5-7 business days after closing. This includes the closing statement showing all funds received and disbursed, mortgage discharge confirmations, property tax adjustments, a summary of credits and debits, and confirmation of title transfer completion at Land Titles.

If your mortgage balance exceeded the sale proceeds, we work with your lender on payment arrangements. You're responsible for any shortfall. If the lender approved a delayed discharge, we track the discharge and notify you once completed. We advise on payment options and coordinate with the lender to resolve the outstanding balance.

Selling - Condos

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For condo sales, we order all mandatory documents including the Declaration, Bylaws, property management agreements, and financial statements from the condo corporation. These typically cost $50-100 and take 5-7 business days to obtain. Early ordering is important as buyers require these before committing to purchase.

Yes, an Estoppel Certificate is almost always required for condo sales in Alberta. It confirms your current maintenance fees, any special assessments, and outstanding obligations. It protects the buyer from unknown condo charges and is obtained from the condo management company. We request this for you during the transaction.

An Estoppel Certificate is an official document from the condo corporation stating your current maintenance fees, any special assessments owing, and reserve fund contributions. It protects the buyer from unexpected charges you might be responsible for. The certificate is binding on the condo corporation and provides complete financial clarity at closing.

We order the Estoppel Certificate on your behalf as soon as we receive the purchase agreement. It typically takes 7-10 business days and costs $25-50. Usually, the buyer reimburses this cost on closing day. If you prefer to order it yourself, we can provide the management company contact information.

If a special assessment is imposed before closing, you're responsible for paying your share unless the purchase agreement states otherwise. The Estoppel Certificate will show any assessments owed. The buyer may require the assessment to be paid from proceeds or they may negotiate the purchase price downward to account for the assessment amount.

Selling - Property Tax

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Property taxes are apportioned between you and the buyer based on the closing date. We calculate what portion of the annual tax you've paid and adjust the closing statement accordingly. If you've overpaid, you're credited. If underpaid, you owe the adjustment. This ensures fairness as you transfer ownership mid-year.

When your mortgage is discharged at closing, any remaining tax escrow in your mortgage account is refunded to you. We coordinate with your lender to ensure proper credit of tax payments made to date. Any shortfall in the escrow account may be deducted from your mortgage payoff or included in your final adjustment.

Outstanding property taxes must be paid from your sale proceeds on closing day. We obtain a property tax clearance statement confirming amounts owing and ensure payment to the City of Edmonton before your title transfers. This clears any tax liens from your property and protects the buyer.

If you have a payment plan with the City of Edmonton, contact them directly to arrange cancellation at closing. Provide them with your closing date and we can help coordinate timing. Any balance owing will be paid from your sale proceeds on closing day, effectively cancelling the plan.

Selling - Tax

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Generally, the sale of your principal residence is exempt from capital gains tax in Canada. However, if the property is an investment property or you have multiple residences, capital gains tax may apply on a portion of the profit. We recommend consulting with your accountant or tax advisor regarding your specific tax situation.

No, Alberta does not have a provincial land transfer tax, which is advantageous for sellers. You may be responsible for municipal filing fees (usually $100-300), but there is no additional tax burden on the sale price that other provinces impose on transactions.

GST is not charged on the sale of a residential property, including used homes. However, if the home was recently constructed and sold by a builder, GST may have been included in the original purchase price. Our focus is ensuring you understand any tax implications specific to your transaction.

Buying - New Home Construction

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New construction purchases have unique requirements including builder warranties, construction holdbacks, Occupancy Permits, and specialized inspections. We review the builder's contract, advise on your rights under the Home Protection Plan, coordinate holdback arrangements, and ensure all builder obligations are fulfilled before you take possession.

Builders often defer seasonal items (landscaping, grading) to be completed after you take occupancy. We ensure these obligations are documented in the purchase agreement with deadlines. A holdback of funds is retained until the items are completed. If not completed, we enforce the builder's obligation or claim damages from the holdback.

A landscaping deposit is an amount held back from closing proceeds to ensure the builder completes landscaping work after you occupy the home. Typically $2,000-5,000 depending on the project scope, it's released once landscaping is completed and inspected to your satisfaction. This protects you from incomplete or substandard work.

A builder's lien holdback is a standard legal requirement where 10% of the contract price is retained by the buyer's lawyer until the holdback period expires (usually 45 days after substantial completion). This protects you from claims by unpaid workers or suppliers. The holdback is released once the lien period expires without claims.

A construction draw loan provides funds in stages as construction progresses. Your lender requires inspection reports confirming completion of each phase before releasing funds. We coordinate with your lender, builder, and inspector to ensure draws are processed on schedule. This allows the builder to fund construction while you maintain proper oversight.

An Occupancy Permit is issued by the City of Edmonton confirming the home meets all building codes and safety standards. It's required before you can legally occupy the property. The builder obtains this after final inspections. We verify receipt of the permit before closing and ensure it covers the entire property as purchased.

Buying - Property Tax

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Property taxes are apportioned between buyer and seller based on the closing date. Your lawyer calculates the daily tax amount and determines what you owe for your ownership period starting on closing day. Any prepaid taxes by the seller are credited to them, and you pay only your proportionate share from closing forward.

We verify property tax payment through the City of Edmonton's records and confirm no outstanding balances exist. The closing statement shows the tax apportionment and your responsibility from closing day forward. After closing, you're responsible for future payments. We advise on payment procedures and you can set up your own payment arrangement with the city.

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