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What are Land Titles' best practices for a REALTOR®? - Part One

Posted on October 13, 2021 by AREA Communications in Blog

For a professional REALTOR®, land titles are integral to the real estate transaction, however, often a REALTOR® doesn’t realize that obtaining a current land title before listing or writing an offer can be a great advantage. Let’s consider some general best practices when it comes to land titles and real estate practice.

Pull the title before taking a listing, or writing an offer.
Because there is a cost involved with obtaining land titles documents, sometimes a REALTOR® decides to order the current title after they secure the listing or purchase contract. Big mistake! So much angst and confusion can be avoided by having crucial information from a land title before getting involved in a contract.

Read the title!
This is often a missed step as often in the whirlwind of activity in a trade, obtaining the title can become a checkmark to complete the file without ever looking at it. A quick review of the title can help highlight key issues regarding the property, or at least provoke good questions to be asked of the seller or their REALTOR®.

Ensure the owner you expect on the title, is actually on the title.
There will be times when you are surprised to find only one name on the title when you expect a couple or a corporation instead of a person, and even sometimes wrong names altogether. A professional REALTOR® must be certain the person(s) they are working with have the authority to sell the property.

Review registrations.
If you do not fully understand what each registration is, pull the registration itself and be sure you understand it completely. If all else fails, consult a real estate broker or lawyer for clarification before proceeding. Registrations such as mortgage registrations restrictive covenants, easements, or lis pendens can be very timely pieces of information crucial to the listing or selling of a property.

Provide information to a buyer client.
When working with a buyer, a professional REALTOR® should obtain registrations that will remain on the title, such as restrictive covenants, easements or lease agreements, etc. for the buyer to review themselves. This ensures they understand what they will be required to agree to when they ultimately take control of the property and doesn’t come as a surprise to them at closing.

 


Bryan Statt

Provincial Practice Advisor

Bryan has many years of experience in the real estate industry including over 10 years as a former broker in the Edmonton Region.

Email: bryan.statt@albertarealtor.ca
Phone: 403-209-3619

Alberta Real Estate Association Suite 217, 3332 20 Street SW Calgary, Alberta T2T 6T9
Toll Free: 1.800.661.0231 In Calgary: 1.403.228.6845
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Our membership work and live in Alberta, which we acknowledge as the traditional and ancestral lands of many peoples presently subject to Treaties 6, 7, and 8 – namely the Blackfoot Confederacy (Kainai, Piikani, and Siksika), the Cree, Dene, Saulteaux, Nakota Sioux, Stoney Nakoda and the Tsuu T’ina Nation, and the Métis People of Alberta. We recognize the many First Nations, Métis and Inuit who have cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today, and those who have gone before. We make this acknowledgement as an act of reconciliation and gratitude to those on whose territory we reside.
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