Frequently asked questions.

Most closings take 4 to 8 weeks from the date a purchase or sale agreement is signed to possession day. The exact timeline depends on conditions like financing approval, inspections, and the agreed possession date. We keep you updated at every milestone, so you always know where things stand.

Every file follows our 4-step process: Open, Prepare, Sign, and Close. In the Open step you hire us and we open your file. During Prepare we run title searches, coordinate with lenders and realtors, and prepare every document for signing. At Sign you meet with a lawyer to review and sign your documents. Finally, Close is when funds are exchanged, title is transferred, and you get your keys (or your proceeds).

Yes. In Alberta, all real estate transactions involving a transfer of land, a new mortgage, or a discharge of an existing mortgage must be completed by a lawyer. A notary public cannot handle real estate conveyancing in Alberta.

Title searches, mortgage coordination, document preparation, reviewing the Real Property Report, tax adjustments, registration at Land Titles, and disbursing funds. At every milestone we tell you exactly who's responsible for the next step — us, you, or a third party — so you can always see what's happening and what's needed from you.

If an issue arises — such as a title defect, a delayed condition, or a problem discovered during inspection — your lawyer will advise you on your options and negotiate on your behalf. Most issues are resolved before possession day. In rare cases where a closing may be delayed, we communicate updates to you directly, right away.

Your realtor negotiates and manages the purchase or sale agreement, conditions, and possession logistics. Once the deal goes firm, the legal work transfers to your lawyer. We work closely with realtors and mortgage brokers, who can refer clients to us and stay informed as the file progresses.

You can start directly through our online intake, or your realtor or mortgage broker can refer you to us. Once we have your file, we open it the same day and send you a welcome email. From there we keep you updated on every step — what we're working on, what you need to do, and when your signing meeting is.

Your down payment (minus the deposit already paid to the realtor's brokerage) is due at or before your signing meeting. We'll send you the exact amount in writing ahead of your signing meeting. Payment is by certified cheque or bank draft payable to Giardino Law in trust. Do not bring a personal cheque — your bank may need 24-48 hours to prepare a bank draft, so plan ahead.

Yes. If your funds are coming from multiple accounts or multiple people (such as a family gift), you can bring more than one bank draft. Each should be payable to Giardino Law in trust. Let us know in advance so we can account for the totals properly.

Title insurance is a one-time policy that protects you and your lender against certain title defects, survey issues, and compliance problems that may not have been caught during conveyancing. It covers things like unknown liens, encroachments, or zoning violations. In many cases, title insurance can be used instead of a Real Property Report to save time and cost.

If you're purchasing a newly built home, GST applies to the purchase price. However, you may be eligible for a GST New Housing Rebate if the home is your primary residence and the price is under a certain threshold. In most new-build transactions, the builder factors the rebate into the purchase price. Your lawyer will review this with you during signing.

No. Alberta does not have a land transfer tax. You will pay a Land Titles registration fee when the transfer and mortgage are registered. These fees are included in your closing cost statement, which we walk you through before signing.

On possession day, once title has been transferred, funds disbursed, and the seller's lawyer confirms receipt — you can pick up your keys. In most cases your realtor coordinates the key handoff directly, and we keep you posted with live updates on possession day.

Document it with photos and contact your realtor first. Depending on the nature of the problem (undisclosed defects, items not included, property damage), you may have legal options. Contact us and we can advise whether you have a claim against the seller or their home inspector.

Closing delays can happen for several reasons — late mortgage instructions, missing documents, or title issues. When a delay occurs we contact you directly, right away. We also work with the other party's lawyer to negotiate any necessary extensions.

After closing, Land Titles registers the transfer and mortgage (if applicable). This typically takes a few weeks. Once registration is complete we send you a final reporting package with copies of registered documents. We'll let you know as soon as they're ready.

Sale proceeds are typically available on possession day or the next business day. Once we receive the buyer's funds, pay out your existing mortgage, realtor commissions, and other adjustments, we send the remainder to you by direct deposit or trust cheque. The exact breakdown is shown on your closing cost statement.

Yes. Do not cancel your property insurance until after possession day has passed and the sale has fully closed. We recommend keeping coverage active until midnight on possession day to protect yourself in case of a last-minute delay. Contact your insurer to arrange cancellation for the day after possession.

A holdback is a portion of the sale proceeds that is held in trust until a specific condition is met — for example, a repair is completed or a compliance issue is resolved. Holdbacks are common when there are outstanding items on the Real Property Report or seasonal work that can't be completed before possession.

You'll need to order one from a licensed Alberta land surveyor. The RPR shows property boundaries and any structures, fences, or encroachments. Once completed it needs to be submitted to the municipality for a compliance stamp. In some cases the buyer may agree to accept title insurance instead.

Property taxes are prorated between the seller and buyer based on possession day. If you've prepaid taxes for the year, the buyer reimburses you for their portion. If taxes are outstanding, the amount owing is deducted from your proceeds. The adjustment is calculated automatically and reflected on your closing cost statement.

If the property was your principal residence for every year you owned it, you generally don't owe capital gains tax. If the property was a rental, investment, or not your primary residence the entire time, you may owe taxes on the gain. Consult your accountant for your specific situation.

An estoppel certificate confirms how much you owe the condo corporation in fees, special assessments, and reserve fund contributions. If you're selling a condominium, an estoppel certificate is typically required by the buyer's lawyer before closing. Usually ordered by the seller's lawyer and paid for by the seller as part of closing costs.

Yes. Any time a new mortgage is registered on title or an existing mortgage is discharged, a lawyer is required in Alberta. The only exception is renewing with the same lender at the same terms — that's typically handled directly by the lender.

Most new loan files close in 2 to 4 weeks from when we receive your lender's instructions. The timeline depends on how quickly your new lender sends instructions and your current lender provides the discharge statement. We keep you updated at every step.

If you're renewing with the same lender at the same terms, a lawyer is usually not required — the lender handles the renewal directly. If the loan amount, borrowers, or lender changes, a lawyer is needed.

We coordinate the full process. Once new mortgage funds arrive, we use them to pay off your old mortgage, obtain and register the discharge from your previous lender, and register the new mortgage — all handled for you.

By video, from wherever you are. Your paper originals are couriered to you ahead of the meeting. You meet your lawyer on camera, walk through every document together at your pace, and sign with your own hand on the paper originals. The legal validity is identical to an in-office signing — same regulatory protection, same Land Titles registration, same flat fee.

No. Remote signing is how every closing happens. The fee is the same flat rate as if the meeting were in an office.

A device with a camera, microphone, and stable internet — laptop, desktop, tablet, or smartphone. We use Zoom; you don't need an account, we send you a link. Have government-issued photo ID available, and the paper originals we couriered to you in front of you.

Once your documents are ready we'll reach out to schedule your signing meeting, with available times by text and email. We offer flexible scheduling including some evening and weekend appointments when available.

Your signing package is couriered to you ahead of the meeting, and your lawyer walks you through every document at signing, in plain language. Have your government-issued photo ID and your bank draft (if buying) ready. Test your camera and microphone beforehand. Find a quiet, well-lit space — your kitchen table works perfectly.

Yes — every part of the province. Calgary, Red Deer, Lethbridge, Medicine Hat, Fort McMurray, Grande Prairie, Lloydminster, Camrose, Cold Lake, Banff, every community in between, and Edmonton too. Because the signing happens by video from wherever you are, where you live is not a factor in whether we can handle your file or what it costs. Same flat fee for everyone.

For fully digital signings, documents are signed electronically during the video call and no physical return is needed. In some cases where original signatures are required (such as certain mortgage documents), we send you a signing package by courier with a prepaid return label, and we'll let you know if and when we need the documents back.

We reach out at every milestone — file opened, title searched, signing booked, funds released — by text and email. You never have to call in to find out where your file stands.

No — updates come to you. Every client, whether buying, selling, or refinancing, gets proactive updates from the moment we open your file through to your final reporting package.

Yes. Your lawyer walks you through every document at your video signing in plain language — what it is, why you're signing it, and what to look for — at your pace.

At every milestone we tell you who's responsible for the next step — us, you, or a third party — so you always know whether the ball is in your court or ours.

Yes. You have a direct line to the legal team handling your file — call or email — and your questions are answered by the people who actually know your file.

Your closing is handled for a single flat fee with disbursements included — no hourly billing and no add-ons. Because every file is a little different, we confirm your exact flat fee in writing before any work begins. See our Pricing page for what's included, and you'll receive a detailed closing cost statement before signing.

For buyers, legal fees are included in your closing funds and deducted at closing — you don't pay them separately. For sellers, fees are deducted from your sale proceeds before we send you the balance. You'll see exact amounts in writing before signing.

Yes. When you're selling, your realtor's commission is deducted from sale proceeds and paid directly to the brokerage on closing. This is handled as part of standard disbursement and outlined on your closing cost statement.

Yes. If you're selling or switching lenders, we request a payout statement, pay off the balance on closing, and arrange the mortgage discharge from title. You don't need to contact your lender separately.

By certified cheque or bank draft payable to Giardino Law in trust. Couriered to our office, or dropped off if you're in Edmonton. We'll tell you the exact amount needed and the deadline, in writing, ahead of time. We do not accept personal cheques or e-transfers for closing funds.