Giardino Law

Join me in welcoming Vibha Anthony, our new lawyer at Giardino Law! 🌟 Over the past year, Vibha has been working diligently alongside me, and I am thrilled to see her officially join the team as a practicing lawyer.  Here she is at her bar admission ceremony.

She can help you with: 🏠 Real Estate ⚖️ Personal Injury 📝 Wills, Powers of Attorney, and Personal Directives 💔 Separation Agreements 💍 Pre-marriage Agreements 🏡 Cohabitation Agreements ...and more.

Welcome to the team,Vibha! 👏🎉

Rosellina

sometimes I forget I have a pretty excellent FAQ section on my website. www.myedmontonlawyer.com/help-center Check it out!

2023 Property Taxes are due June 30, 2023.
Alberta Land Titles continues to experience delays in the processing of land title transfers. This may result in property owners not receiving tax notices for properties they purchased in the first part of 2023, or receiving a tax notice for a property they have recently sold. If you did not receive a 2023 Tax Notice for your property, contact the City of Edmonton at 311.

Curious about the current state of homebuying and mortgage lending in Canada? 🤔🏠 The 2023 CMHC Mortgage Consumer Survey offers valuable insights into the experiences and perceptions of mortgage consumers across the country. 📊🇨🇦

Here are the key findings:
1️⃣ Consumer Perceptions: Compared to the past 5 years, 2023 reflects a decline in consumer confidence regarding the mortgage purchasing process and perceived benefits of homeownership. There is also a decreased belief in the ability to make future mortgage payments.

2️⃣ Impact of Rising Interest Rates: Approximately 50% of respondents reported being impacted by the rise in mortgage interest rates, affecting their financial situations. Homebuyers adjusted their timelines, with 26% purchasing sooner than expected, while 5% postponed their purchase. Household budgets were adjusted, and some struggled with maintaining debt payments.

3️⃣ Challenges for First-Time Homebuyers: Entering the housing market can be particularly challenging, especially for younger Canadians. Down payments rely on savings outside of an RRSP, equity, and gifts. Unexpected costs and uncertainty during the homebuying process are prevalent concerns.

4️⃣ Market Changes: The market has experienced significant shifts since 2022, with notable price sensitivity among buyers. Renovation intent has been impacted, leading to smaller budgets and delayed plans.

5️⃣ Need for Guidance and Support: Mortgage consumers, particularly first-time buyers, are seeking more online and offline information. While online resources are essential, **human interactions with professionals** remain crucial for guidance at key moments in the homebuying journey.

Remember, staying informed is key when navigating the real estate market! 🗝️💡 If you have any questions or need assistance, our team here to help. Feel free to reach out! 🤝✉️

📸 The Inverted Tower in Sintra, Portugal! 😍 This architectural wonder seems to defy gravity, leaving me in awe of its unique design and intriguing history. 🏰✨

This structure has ties to both Dante's Inferno 🔥 and the enigmatic world of the Free Masons?

The Inverted Tower's inverted nature symbolically echoes Dante's Inferno, where the deeper the descent, the closer one gets to the infernal depths. Just as Dante explored the circles of Hell, this tower challenges our perception, inviting contemplation on hidden meanings and alternate realities. 🌌

Furthermore, the influence of the Free Masons adds another layer of mystique to the Inverted Tower's story. The Free Masons, a secretive fraternity known for their esoteric symbolism, have long been associated with ancient architecture and mystical knowledge. Rumor has it that this very tower was used for Free Mason initiations, where candidates embarked on transformative journeys of self-discovery, unveiling the secrets of their ancient craft within its walls. The echoes of their rituals still resonate within its corridors. 🔍🔺

As a real estate lawyer, I find myself drawn to the intersection of history, symbolism, and the built environment. Exploring places like Sintra, where the past intertwines with legends and secrets, fuels my curiosity and passion for the law and trips like these fuel the creativity I need to focus on my business 🏛️📚

Have you ever encountered architectural wonders that sparked your imagination and made you question their hidden significance? Share your thoughts and let's unravel the mysteries together! 🗝️✨

Capturing memories in Sintra, a true gem of Portugal! 🌟🌍 on a week-long trip with my parents that has taken us through Lisbon, Porto, Fatima, and charming villages like Aveiro and Nazare. 😍🏰

The government in Sintra has a special provision called the "preemptive right to purchase property" 🏡 This means that before properties are sold on the open market, the government has the opportunity to acquire them first. 🤝The purpose of this right is to give the government an opportunity to acquire properties for public use or to implement urban development plans.

This is similar to the Canadian legal concept of the "right of first refusal" which typically arises through contractual agreements or specific provisions included in lease agreements, purchase contracts, or other legal documents related to the property.

When a right of first refusal is established, it means that the property owner (grantor) has agreed to give a particular party (grantee) the opportunity to purchase the property before selling it to anyone else. Essentially, it grants the grantee the first chance to buy the property on the terms and conditions specified in the agreement.

The specifics of a right of first refusal can vary based on the agreement between the parties involved. Generally, the grantee is notified when the property owner receives a bona fide offer from a third party. The grantee then has the option to either exercise their right to purchase the property at the offered price or decline the opportunity, allowing the property owner to proceed with the sale to the third party.

Don't get stuck in a dower dilemma! The Dower Act requires compliance when transferring land, but there are exceptions. Let's break it down.

Did you know that compliance with the Dower Act is not required when transferring land to a spouse? This can be done through a statutory declaration or a similar addition to the affidavit of attestation or transferee confirming the spouse is the sole transferee.

But hold on, there's more! If you're dealing with co-tenants, compliance is not required if there are more than two joint tenants or tenants in common, or if the co-tenants are married to each other and both execute the disposition. However, if only one of two tenants in common or joint tenants executes the disposition, dower requirements must be complied with unless there is evidence establishing that the co-tenants are not married to each other. Surnames cannot be used as a basis for assumptions.

Sounds like a mouthful, but it's important to know your obligations when listing and selling a property. Make sure to provide your clients with the best service possible by understanding the compliance requirements of the Dower Act. Check out our website or call us with questions.

Do you know what dower rights are and how they relate to the listing of a property? 💡

If not, it's important to understand how they apply in order to provide competent service to your clients. 🏠👫 Here's the deal: dower applies when a land title has only one name showing as a titleholder and the person named is legally married. Dower rights protect the un-titled spouse from the sale of the family home only, giving them the right to veto on the sale of the property.

To manage dower rights in a *Listing*, the non-owner spouse needs to sign the listing in the designated non-owner spouse section and complete the AREA Exclusive Seller Representation Agreement Dower Consent and Acknowledgement Form.

Once an *Offer” is received, the un-titled spouse needs to sign the specific non-owner spouse section of the purchase contract and complete the AREA Purchase Contract Dower Consent & Acknowledgment Form.

It's important to remember that dower rights are activated at the time of the transfer of the title and the un-titled spouse can revoke their consent up to, and in rare cases, slightly after the closing of the property. Got it? Good! Now you can confidently help your clients close their deals smoothly.

Are you familiar with how compliance with the Dower Act is established?

Compliance can be established through:
1️⃣ Consent and acknowledgement by the spouse;
2️⃣ An affidavit stating that the land is not a homestead; or
3️⃣ A court order dispensing with consent.

The consent and acknowledgement must be in writing, and the consent must be contained in or attached to the instrument of the disposition.

The spouse must also make an acknowledgment before a person authorized to take proof of ex*****on of instruments under the Land Titles Act.

If the disposition is not consented to or there is no court order, an affidavit of the owner must be provided in the prescribed form.

There are some exceptions like where a disposition is made under the Agricultural and Recreational Land Ownership Act or the Citizenship Act. A consent of spouse nor the certificate of acknowledgment by spouse may be executed by an attorney under a power of attorney.

Did you know that under the common law, wives and husbands had certain rights known as dower and curtesy respectively? 💍🏡
Dower gave a wife the right to a life interest in one-third of the lands owned by her husband at any time during the marriage, while curtesy gave a husband a life estate in all lands owned by his wife at any time during the marriage.

These rules have been replaced by the Dower Act which grants dower rights to both spouses. These rights include preventing disposition of the homestead, obtaining payment for unsatisfied judgments, and having a life estate in the homestead and personal property of the deceased spouse. Any disposition of the homestead of a married person must either be consented to by the spouse or authorized by the Court of King’s Bench of Alberta. ⚖

Dower rights relate directly to the disposal of real property, and it is important to understand how they apply.

Dower applies when a land title has only one name showing as a titleholder and the person named on the title is legally married and has either lived on the property or their legal spouse has lived on the property at any time since their marriage.

Legally married includes those who are currently married, separated, going through divorce proceedings, or divorced but have not yet received the final divorce certificate.

🏠 SELLERS, listen up! Make sure you clearly outline what you're including and excluding from the sale of your home. Be specific about appliances, window coverings, and other items that could be a potential selling feature. Don't let misunderstandings cost you - write it all out! Remember, everything is negotiable, so don't be afraid to negotiate with buyers on inclusions and exclusions. And if you're including items under a lease or long-term contract, make sure to include those details in your listing. Happy selling! 🤑

Just got an offer on your property? 🏠💰Congratulations! Make sure you familiarize yourself with the different terms and conditions included in the offer to ensure a smooth transaction. Some common terms include possession date, inclusions/exclusions, time for acceptance/expiry of offer, pre-possession inspection, conditions, deposits, communication for acceptance, and holdbacks. Your real estate agent can guide you through the process, but it's always a good idea to be informed. Happy selling! 🏠💰

Selling a home can be an overwhelming process, but with some preparation and guidance, it can be a smooth and successful experience. Here are some tips to keep in mind when preparing to list your home for sale:

✔️ Declutter and clean your home: Before listing your home, it's important to make sure it's clean and free of clutter. A tidy and organized space will make it easier for potential buyers to envision themselves living there.
✔️ Make any necessary repairs and upgrades: Consider making any necessary repairs or upgrades to your home to increase its value and appeal to potential buyers. This could include fixing leaks, replacing outdated fixtures, or repainting walls.
✔️ Stage your home: Staging your home involves arranging furniture and decor to showcase your home's best features and create a welcoming atmosphere. This can help potential buyers visualize themselves living in the space.
✔️ Enlist the help of a professional to assist you throughout the selling process. Selling a home involves many complex tasks, and a knowledgeable real estate agent and attorney can guide you through the process and ensure that all necessary paperwork is completed correctly and on time.

By keeping these tips in mind, you can increase your chances of a successful home sale and a smooth transition to your next living space.

Why Giardino Law? 🤔

At Giardino Law, you can expect exceptional closing services. We prioritize our clients and partners, and are dedicated to accuracy and convenience when it comes to your real estate transaction.

We provide transparent pricing for legal fees – no hidden costs or surprises, and disbursements are included.

With over 18 years of experience in real estate law, we've helped thousands of Buyers, Sellers, Realtors and Mortgage Lenders successfully complete closings and navigate associated paperwork.

Our knowledgeable staff are here to ensure you have a smooth closing process – every time. Our firm offers resources on our website so that you can be informed and prepared for your transaction. Plus, all closings are handled by experienced legal professionals.

For added convenience, we have an office located in Edmonton, Alberta – but remote signings can be done anywhere in the province. With commitment to service, expertise, and unrivaled convenience, you can trust our real estate law office to cover all your real estate needs.

☎️ 780.473.7779
📥 [email protected]

Understanding the process of buying or selling property can be complex, and one of the most important aspects of this process is conveyance.

When entering into a purchase and sale contract in Edmonton, it's crucial to understand the legal and procedural requirements of the conveyance process.

Let’s take a closer look:👇
✅ When someone buys or sells a property in Edmonton, the parties enter into a purchase and sale contract that sets out the terms of the transaction.
✅ The contract is drafted according to Alberta laws related to real estate contracts.
✅ The transfer of the property title or ownership from the seller to the buyer is registered at the provincial land registry. This process is conveyance.

Remember, the purchase and sale contract must adhere to Alberta's real estate contract laws, and the transfer of property title is registered at the provincial land registry. By following these guidelines, you can navigate the conveyance process with confidence.

Hit us up with any questions!
☎️ 780.473.7779
📥 [email protected]

Whether you’re buying or selling a home, hiring an experienced real estate lawyer can be a smart move. Real estate law is complex, so having someone with in-depth knowledge of the legal system on your side is invaluable. 🙌

Here are some tips for finding and working with the right real estate lawyer for you: 👇

1. Look for a lawyer who practices only in real estate law and has years of experience in your area.
2. When you meet with a potential lawyer, discuss the specifics of your situation and ask questions about the areas they focus on such as title insurance and zoning issues.
3. Make sure they have a good understanding of any special regulations that apply to your property.
4. Consider how accessible they are and what their fees will be upfront. All fees should be clearly indicated so there are no surprises down the road.

Most importantly, pick a lawyer who communicates well and builds trust between both parties throughout the transaction process. Your lawyer should be willing to explain documents thoroughly and give straightforward answers when needed.

Do your due diligence when choosing a real estate lawyer – it could make all the difference between a smooth transaction and a costly one! 🎯

☎️ 780.473.7779
📥 [email protected]

Condominium ownership has gained popularity in recent years due to its numerous benefits. 🙌

However, it is important to be informed about various aspects involved in this type of real estate. 👇

🎯 Shared Ownership and Responsibility: When buying a condo, it is essential to understand that you will be sharing ownership and responsibility with other unit owners. This includes shared common areas and amenities, as well as shared expenses for maintenance and operation.
🎯 Review Important Documents: Before making a purchase, always thoroughly review crucial documents such as the condominium's bylaws, budget, and meeting minutes. These documents outline the rules and regulations for condo ownership, as well as financial information about the condominium's operation.
🎯 Recurring Fees: When owning a condo, expect to pay recurring fees for maintenance and operation of the shared property. This may include fees for property management, common area maintenance, and utilities. Make sure that you understand what fees are included in the monthly or annual maintenance fees.
🎯 Insurance Considerations: Condo owners should carefully consider their insurance options, researching both coverage required by the condominium's bylaws and by laws. Advice from a real estate lawyer can be valuable in making a wise insurance decision.

Owning a condo in Edmonton can be a great investment opportunity, but it is important to understand the shared ownership and responsibilities, review important documents, expect recurring fees, and consider insurance options before making a purchase so you can make a well-informed decision and reap the benefits of condo ownership. 🔥

Thing to do this Weekend in Edmonton March 24 -26, 2023.

Idea thanks to Peter Koziol who I don't personally know but is my main source of news on Facebook.

We will see if I keep this up : ) Send me your ideas.

Rosellina