Property

A home comes in different types, including single family, condo/apartment,  manufactured/mobile homes, leasehold, cooperative.  No matter what type of home you purchase, the transfer of the ownership is a detailed process.  It is important that your legal representative have experience dealing with the issues that can arise.

PURCHASES
Contact our Notary either before or shortly after you have made an offer.  It is especially wise to do so if you are not working with a realtor so that you can be assured of a properly drawn Contract of Purchase and Sale.  We can assist you with this document in that circumstance.  If you are working with a realtor and/or broker we will work with them in a cooperative manner, and in your best interest.  In the case of financing your home purchase by way of mortgage or line of credit (as many of us do), we can prepare and register those documents for you as well.

  • We will contact you once we have received the Contract of Purchase and Sale from your realtor and/or Mortgage Instructions from your lender.
  • We require the full legal names of all the buyers as well as information regarding the structure of ownership, ie. joint tenancy or tenancy in common.  If you are unsure what is the best type for your situation call our office and speak to us directly to determine this.
  • Part of the purchase process is preparation of the Statements of Adjustments.  This document sets out the purchase price and all applicable adjustments, ie. property taxes, utilities, strata fees, rent, closing costs, etc.
  • Property Transfer Tax is also part of the closing costs and is applicable to all property transactions in British Columbia unless there is an exemption, ie. First Time Home Buyer’s Exemption.  Please advise us immediately if you are a first time home buyer and we can determine right away if you qualify for this exemption as there are some conditions.
  •  The mortgage documentation also requires some processing.  As most lenders require either a site survey or title insurance, you will have to make a decision as to which of these best suits your circumstances.  You may wish to contact us to discuss this issue.  The lender will also require that they be named on your house insurance policy so we will need to know with what company you are placing this policy.
  •  We will meet about a week prior to the completion date to sign all the required documents.
  • If your purchase has special circumstances such as the following you should contact us early in your transaction:

– Out of town at completion
– Right to Purchase (rent to own)
– Commercial property
– Any unique circumstance

YOU WILL NEED TO PROVIDE ACCEPTABLE PHOTO IDENTIFICATION TO PROCEED WITH YOUR TRANSACTION.  CONTACT US IMMEDIATELY IF YOU DO NOT HAVE ONE OF THE FOLLOWING:

1.  Current Drivers Licence bearing your full legal name;
2.  Current BCID card bearing your full legal name;
3.  Current Passport.

We also require a second piece of identification.  We prefer your BC Care Card.

PLEASE BRING ALL ORIGINAL IDENTIFICATION FOR OUR MEETING.

SALES
When you sell a property it is your obligation to provide the title clear of all financial charges.  This means any mortgage or other charge, ie. land tax deferment, would be paid out from the proceeds of sale

Once you have accepted an offer on your property you should contact our Notary.  If you are selling your property without the assistance of a realtor you should contact our Notary prior to acceptance to ensure that the terms presented to you are in your best interest.

When the transaction proceeds to completion our Notary will contact you to obtain all the information we need to clear the title, ie. your mortgage reference number.  All persons named on the title would be required to attend for signatures. We would meet about a week prior to the completion date to sign all the required documents.

If your sale has special circumstances such as the following you should contact us early in your transaction:

– Non-resident of Canada
– Acting under Power of Attorney
– Commercial property
– Out of town at completion
– Any unique circumstance

YOU WILL NEED TO PROVIDE ACCEPTABLE PHOTO IDENTIFICATION TO PROCEED WITH YOUR TRANSACTION.  CONTACT US IMMEDIATELY IF YOU DO NOT HAVE ONE OF THE FOLLOWING:

1.  Current Drivers Licence bearing your full legal name;
2.  Current BCID card bearing your full legal name;
3.  Current Passport.

We also require a second piece of identification.  We prefer your BC Care Card.

PLEASE BRING ALL ORIGINAL IDENTIFICATION FOR OUR MEETING.

MORTGAGES
We can assist you with any type of mortgage, with the exception of mortgages granted by Corporations.  Once you have been approved by your lender, give your lender our name and they will forward the mortgage instructions directly to our office.  Upon receipt of those instructions our Notary will contact you to obtain certain information, ie. your home insurance provider, information on the existing mortgage (if any).  Most lenders require a site survey or title insurance.  It will be up to you to make the decision as to which of these best suit your circumstances.

The mortgage instructions need to be read very carefully to ascertain each detail on your particular transaction.   If your property is solely owned and you have a spouse, either legal or common-law, that spouse will be required to sign paperwork consenting to the new mortgage and obtain independent legal advice prior to disbursement of funds.

On completion date your lender will provide the mortgage funds to our office.  We will disburse those funds as instructed by you and the lender.

YOU WILL NEED TO PROVIDE ACCEPTABLE PHOTO IDENTIFICATION TO PROCEED WITH YOUR TRANSACTION.  CONTACT US IMMEDIATELY IF YOU DO NOT HAVE ONE OF THE FOLLOWING:

1.  Current Drivers Licence bearing your full legal name;
2.  Current BCID card bearing your full legal name;
3.  Current Passport.

We also require a second piece of identification.  We prefer your BC Care Card.

PLEASE BRING ALL ORIGINAL IDENTIFICATION FOR OUR MEETING.

COVENANTS & EASEMENTS
There may be times when you are required or wish to place a covenant or easement on your property.  These can be things like a “save harmless” covenant when you apply for a building permit for waterfront property.  Or you may need an easement for your driveway that crosses your neighbour’s property.  Our Notary can prepare these types of Land Title documents for you and can help you understand what they mean and how they may impact you.

SUBDIVISIONS
Our Notary offers knowledge and experience in preparing and registering small subdivisions.  Even small subdivisions can be very complex.  From receipt of Preliminary Layout Approval, to preparation of the required documentation, to registration and raising of titles for the new lots, we can do it all!

COMMERCIAL LEASES
A commercial lease is governed solely by the document creating it.  There are many issues to address with commercial leases and the assistance of our Notary is the best way to ensure that your lease is comprehensive and enforceable.

ASSET PURCHASE AGREEMENT
If you are buying or selling the assets of a business it is important to ensure that all the details are considered and dealt with.  Our Notary can prepare the Asset Purchase Agreement to govern the transaction as well as any other ancillary documentation required ie. assignment of leases.

SHIPS REGISTRY
Do you own a “ship”?  If you do it will be registered at the Ships Registry.  We can assist you with any Ships transfers or mortgages.

YOU WILL NEED TO PROVIDE ACCEPTABLE PHOTO IDENTIFICATION TO PROCEED WITH YOUR TRANSACTION.  CONTACT US IMMEDIATELY IF YOU DO NOT HAVE ONE OF THE FOLLOWING:

1.  Current Drivers Licence bearing your full legal name;
2.  Current BCID card bearing your full legal name;
3.  Current Passport.

We also require a second piece of identification.  We prefer your BC Care Card.

PLEASE BRING ALL ORIGINAL IDENTIFICATION FOR OUR MEETING.