Real Estate Lawyers

At Sinclair Law Office we offer a comprehensive range of real estate services for commercial and residential property owners and the surrounding area. Our attorneys have the expertise necessary to protect our client’s interests in the sale and purchase of real estate, as well as resolving property-related disputes.


Buying or selling property is often the most significant financial decision a person will face. Navigating the nuances of real estate documents is crucial to ensure accuracy, efficiency, and compliance with deadlines. In addition, disputes related to real estate can be confusing and require professional legal assistance to obtain desirable resolutions.


We provide confidence and peace of mind throughout the entire process. Safeguard your real estate matters with the dependable services of a Sinclair Law Office real estate attorney. We are here to help you.

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When Buying Property

Purchasing a commercial or residential property is an exciting endeavour that frequently represents a milestone in someone’s life. However, it also signifies a substantial investment. As a result, it's critical to obtain professional legal counsel as you negotiate your purchase to ensure your protection throughout the process.

  • Do I need a lawyer to buy my property?

    No, you are under no obligation to use legal services to purchase real estate. However, you expose yourself to significant risk without sound legal counsel and documentation.


    Without legal representation and a review of your real estate documents, you must rely on your knowledge of property law and rights to draw up accurate documents. Should you make any errors, you could not only experience a loss of funds but also open the door to costly disputes.   


    After all, initially hiring an experienced real estate lawyer will cost you far less than requiring an attorney to find a solution to a conflict.

  • My new property has significant flaws— how do I handle this?

    Unfortunately, new property owners can discover faults or malfunctions after completing the purchase transaction. In that case, legal recourse will depend on the circumstances of your agreement and the extent of the issue.


    The following are examples of variables that could affect your ability to make a claim.

    • Did the fault exist before the purchase, or did it develop after possession?
    • Did you employ a professional home inspection company to inspect the property thoroughly? If so, did the fault appear on the report?
    • Did you use legal representation to oversee your offer to purchase and other documents? If so, were they aware of the fault and instructed you?
    • What is the cause of the issue, and have you had it assessed by the appropriate trades for professional advice?

    If you find yourself in this unfortunate circumstance, we recommend contacting us at Sinclair Law Office directly to discuss it in detail and determine the best course of action.

  • The seller is being difficult - can I take legal action?

    As professional real estate attorneys, we recognize issues between buyers and sellers can arise. Whether the cause is reoccurring delays, unexpected requests outside of the agreement, or deceptive behaviour, it can threaten the integrity of the sale agreement. As a result, some potential buyers may choose to exit the deal rather than continue.


    Yet, that isn’t always the desired solution, and it may be necessary to concede to the seller’s requests. If a resolution is not possible, mediation between both parties accompanied by their respective lawyers may be required. 


    Our real estate attorneys have the expertise to handle all forms of real estate transactions, including conflict mediation and, if necessary, civil lawsuits.

  • How long is the legal process of buying a property?

    The purchase of real estate can be somewhat of a waiting game, even when the transaction is straightforward. Registration with land titles, property title searches, financial institution requirements, legal filings, and amendments can take six weeks— or more— after accepting the offer to purchase.


    In the event of complicated transactions, the wait time for possession can be even longer. 


    Factors that can draw out the process include:

    • Statutory holidays
    • Delayed search or survey results
    • Issues securing the financing required
    • The property inspection discovered undisclosed issues

    If you have questions about how long your real estate services will take, please don't hesitate to speak to one of our qualified Sinclair attorneys today.

  • I'm thinking of buying a property— when do I hire a lawyer?

    If you are unfamiliar with purchasing real estate, we suggest you seek legal support once you have pre-approval for financing and have found a property you want.


    When we work on your behalf, your Sinclair attorney will ensure you understand the nuances of all documentation, including areas where you may be vulnerable. We examine all paperwork, answer your questions, and provide expert advice to help you decide if this is a sound decision for you.


    In addition, we can review real estate agency agreements and amendments to offers and handle any required mediation services as they arise.

When Selling a Property

When it comes time to sell your property, Sinclair Law Office offers legal expertise to assist our clients in achieving a positive result. We specialize in residential and commercial property sales, including documentation, searches, and services. Contact us today to schedule your consultation.

  • Do I need a lawyer to sell my property?

    No, it is not a legal requirement to have a lawyer involved in the sale of your property. However, without experience and vast knowledge of real estate law, property owners are more exposed to liability, risk, and costly mistakes. As a result, property owners are liable for any oversights and errors they make.


    With the dedicated services of a Sinclair real estate attorney, property owners ensure vital details are not missed and have a better likelihood of a seamless process. In addition, if the sale transaction is somewhat complicated, it is crucial to have the guidance of a legal professional who understands the intricacies of more challenging sale agreements.


    When you employ us, you are less at risk for expensive errors. Your lawyer can catch unforeseen issues before they become more significant problems like civil claims and litigation.

  • How does a lawyer help when I'm selling my property?

    Real estate lawyers have the legal expertise to assist with all areas of residential and commercial property sales. 


    Our services include:

    • Document and agreement review
    • Preparation of the sales contract
    • Amendments (as required)
    • Preparation of appendices to be attached to the sale agreement
    • Legal advice regarding counteroffers, claims, or property faults
    • Additional legal services and referrals as needed

    Of course, every client's situation is unique, and the lawyers at Sinclair have the know-how to find optimal solutions to various property-related issues.

  • Will I need a lawyer if I have a mortgage on my property?

    It is common to have a mortgage with a financial institution for the property the owner wishes to sell. In most cases, financial institutions require a solicitor to oversee the transaction and complete the documentation to ensure protection from potential loss should the real estate deal go sideways. 


    Lending institutions place a lien on the property with Alberta Land Titles, and their interest is removed only after successfully completing the sale. Should the deal not generate adequate funds to pay off the remaining mortgage balance, a lender can refuse to remove the lien, thus complicating the sale process. The seller would be responsible for paying off the remaining balance before the sale proceeds. 


    As a result, we highly recommend clarifying the outstanding balance of any loans secured against your property before accepting an offer to purchase. In addition, it is wise to have an attorney review all related documentation to catch and omit any errors.

  • Can I sue the buyer if they back out of our agreement?

    An array of issues can arise during a property sale, including a buyer backing out of the deal. It can result in failed offers to purchase your next property, missed opportunities with other buyers, and costly delays. In some cases, the seller incurs expenses related to the buyer's requests and is left on the hook when the buyer reneges.


    While bringing a lawsuit against the buyer is possible, it generates additional costs with no guarantee of a successful outcome. In some cases, mediation finds a mutual resolution to the situation to help shift the sale back on track.


    If you need a better understanding of your options or need legal counsel for mediation, don't hesitate to get in touch with one of our qualified real estate attorneys. 

  • If my property is in probate, can I still sell it?

    When an individual dies, their assets go into probate, which means reviewing and dispersing all assets to debtors and beneficiaries. This legal process protects the interests of all involved parties and complicates the sale of the property to some degree.


    While it is possible to sell a property still under probate, you will need the court's express permission before proceeding. In that case, your attorney can create all the required documents to submit for judicial review. 


    Sinclair Law Office has a team of attorneys well-versed in probate and real estate transactions. In addition, we collaborate between specialties to ensure you receive the best legal advice and direction possible when selling your property.

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Dealing with Real Estate Problems

Real estate is a complex set of transactions that can result in a myriad of difficulties stemming from improper documentation, misinformation, disputes, and various other issues. Sinclair Law Office helps by providing essential real estate services, including finding favourable resolutions to legal difficulties experienced by our clients. 

  • The seller wasn't honest about the property, what are my options?

    Most buyers stipulate a clean home inspection and valuation as conditions to the acquisition, giving them an option to exit the deal should anything negative arise. A professional home inspector assesses the property for defects, issues, and overall function and quality in most real estate purchases. 


    However, there have been instances where a home inspection was omitted or waived, leaving the buyer vulnerable to undisclosed or hidden issues after possession.


    Regardless of the home inspection results, buyers may discover faults, misinformation, or outright dishonesty once they move in. In that instance, they may opt to file a lawsuit against the seller, the seller's agent (if they used one), and possibly the home inspector.


    However, it will be the buyer's responsibility to prove the lawsuit involved intentional fraudulent or negligent misrepresentation. In which case, it is wise to consult with a Sinclair real estate attorney to review the details of your case and get sound legal advice on how to proceed.

  • Do lawyers help with title insurance?

    Yes, if required, Sinclair Law Office can assist you with title insurance. While title insurance isn't compulsory, some lenders and financial institutions may require it as part of their lending package. 


    Liens against your land title effectively mean you don't own your property outright. Title insurance helps protect all interested parties from disputes and errors, should they occur. 


    For example, in discovering a lien after the sale of a property, title insurance helps protect the new owner from liability. In addition, if a lien error has occurred, an application can be made to quickly remedy the situation in most cases.


    In addition to assisting with title insurance, we also help clients determine any outstanding liens on their property and work to resolve errors. Contact our real estate lawyers at Sinclair today if you believe you have inaccurate liens on your title or wish to purchase title insurance.

  • Can the buyer and seller share the same lawyer?

    In short, no, a lawyer cannot represent both the seller and buyer in a real estate transaction. Widely thought to be unethical, such a practice calls into question the legal standard of the law firm and the attorney, leaving room for litigation from either party in the future.


    The buyer and seller must have legal representation to ensure their individual interests and rights are appropriately secure. To have one lawyer oversee both sides of the agreement would significantly undermine the integrity of the transaction.


    However, there is an exception for conveyancing, which is the transfer of the legal title between people or placing a lien on the title against the property— typically from a lender for financing.

  • I have a dispute with my realtor— what do I do?

    In the event a real estate agent has acted unethically, dishonestly, or misrepresented a property, you can report them to the Real Estate Council of Alberta (RECA).


    While RECA can’t break legally binding contracts or agreements, you are encouraged to file your grievance with them to begin the complaint-handling process. According to RECA’s industry standards and legislation, it can bring disciplinary action against the member. However, they cannot get you out of the sale or purchase of the property or issue a refund.


    You have options if resolving a dispute directly with the real estate agent or their agency fails. Please speak with one of our experienced Sinclair real estate attorneys and schedule a consultation to discuss your options for legal action.

  • There was an undisclosed issue in the neighbourhood. Do I have any recourse?

    Just like the seller must disclose all known property issues, they must also disclose problems with neighbours or within the neighbourhood that could affect the property's value. 


    They include the following:

    • Overly loud traffic or street noise
    • Construction
    • Changes to the property line
    • Neighbour disputes (current or previous)
    • Criminal activity and vagrancy
    • Unpleasant reoccurring smells

    In the event you discover an undisclosed issue— whether a dispute with a neighbour or a neighbourhood problem— you may have grounds to pursue legal action. 


    Contact Sinclair Law Office to get your questions answered and review your course of action. Our professional real estate attorneys can help you navigate the intricate path towards a positive resolution.

Our Services

In addition to Sinclair Law Office's expert real estate legal team, we offer a comprehensive portfolio of legal services to assist our clients in an array of legal matters. We provide valuable essential services for Family Law, Personal Injury, Wills & Estates, and Civil Litigation.

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Wills & Estate Lawyers

At Sinclair Law Office, we understand the nuances of maneuvering through wills and estate planning to provide our clients with peace of mind. Our will and estate attorneys work diligently and respectfully to ensure the seamless execution of our client's final wishes for their assets, estate, and loved ones.


We review your current will, insurance policies, assets, and liabilities to create an iron-clad set of arrangements, ensuring you and your loved ones can rest easy knowing that everything is in order.


Whether it is your first will, you are amending an existing one, or you need legal assistance regarding probate, our capable lawyers are here to assist you. Contact us today to schedule an appointment to discuss your will and estate.

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