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Old 11-07-2012, 11:12 AM   #1
atb
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Default Looking for Vancouver based lawyer for help with Calgary condo sale

This is someone real estate related, but figured better chance of getting a response in the main off topic.

Does anyone know a Vancouver based lawyer who can help with a condo sale in Calgary? Recently sold a condo in Calgary and would rather not pay for the flight out to Calgary just to sign the documents. I believe the lawyer needs to be able to practice real estate law in Alberta.
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Old 11-07-2012, 11:31 AM   #2
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Why wouldn't you use a Calgary lawyer who can courier the documents out to you in Vancouver?

Then take the docs to a notary in Vancouver and sign them up.
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Old 11-07-2012, 11:38 AM   #3
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You only need to see a notary in BC. Have a Calgary lawyer (like myself) prepare and send the documents to your notary for signing.

The other alternative is to locate a lawyer in Vancouver that is also a member of the Alberta bar (and practices real estate).
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Old 11-07-2012, 11:42 AM   #4
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I'm a lawyer in BC. In this situation I'd definitely recommend getting a lawyer based in Calgary to do the transaction and just send you the documents. A few major advantages to this:

1) A lawyer in BC, but licensed in Alberta, is less likely to be experienced with Alberta law than a BC based lawyer;

2) There's more to just knowing the law when it comes to practice. You want someone experienced with the specific pit falls and implementation of the law in the specific geographic area you are looking to buy in; and

3) You may actually save money using the lawyer in Alberta. The lawyer in BC is going to still have to file documents in Alberta or even consult further counsel in Alberta. There may be extra transactional costs along the way.
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Old 11-07-2012, 11:56 AM   #5
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Thanks all for the advice. I was planning on using a Calgary based lawyer, but on a second conversation with this lawyer, they seemed to be worried about having the documents incorrectly signed/notarized, which could result in a delay (pretty tight timing for closing).

Is the signing process somehow overly complicated? I was always under the impression it's pretty straight forward.
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Old 11-07-2012, 12:39 PM   #6
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The process is very easy.
I've been through this many times. You should hire a lawyer in Calgary for the transaction.

They will simply send you or your Vancouver lawyer/notary the documents that you need to sign in their presence as a witness. The Vancouver lawyer should have very little involvement in the closing of the sale, just a quick appointment to watch you sign a couple things then ship them back to your main lawyer in Calgary.

I can PM you my Vancouver real estate lawyer if you need someone to sign infront of. It's a quick, simple process.
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Old 11-07-2012, 12:52 PM   #7
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Quote:
Originally Posted by atb View Post
Thanks all for the advice. I was planning on using a Calgary based lawyer, but on a second conversation with this lawyer, they seemed to be worried about having the documents incorrectly signed/notarized, which could result in a delay (pretty tight timing for closing).

Is the signing process somehow overly complicated? I was always under the impression it's pretty straight forward.
It's actually pretty easy to mis-sign something. You'll have to sign multiple documents in multiple places. Some areas will need to be notarized and others witnessed. If even one part is messed up, you'll have to send the whole thing back and correct it. I just finished notarizing an Alberta sale for a friend, and it took quite some time. Notaries and lawyers will charge you a mint for the process, as well.
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Old 11-07-2012, 01:06 PM   #8
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A sale is not difficult to sign-up. Not nearly as many documents as a purchase, so there should be no complications.
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Old 11-07-2012, 01:17 PM   #9
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Thanks everyone for the suggestions! Decided to go with a Calgary lawyer.
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