Sellers often assume the legal work is lighter than a buyer's — and in some respects it is — but there are still specific steps a Calgary seller's lawyer handles to get you to a clean closing.
What Your Lawyer Does as the Seller
- Obtains a payout statement from your existing mortgage lender so the correct amount is paid off at closing
- Prepares the transfer of title documents for the buyer's lawyer
- Calculates adjustments — property tax, condo fees, utilities — so costs are fairly split as of the closing date
- Discharges your existing mortgage and any other registered encumbrances that need to be cleared for the buyer to receive clean title
- Ensures you receive your net sale proceeds after payout of the mortgage, real estate commission, and legal costs
Before You List: Legal Housekeeping Worth Doing Early
- Confirm whether an existing Real Property Report is still accurate, especially if you've built a deck, shed, or fence since your last one
- Address any known encroachment or boundary issue proactively rather than letting a buyer's lawyer discover it during their title review
- If you're separated or divorced, confirm how sale proceeds will be divided under your separation agreement or court order before listing
Handling a Buyer's Conditions
Once you accept an offer, the buyer typically has financing and inspection conditions to satisfy by set deadlines. Your lawyer can help you understand what happens if a condition isn't met on time, and what your options are if a buyer requests amendments or a price adjustment after an inspection.
Frequently asked questions
Do I need a lawyer if I'm selling without a realtor?
Yes — a lawyer's closing role (mortgage discharge, title transfer, adjustments) is separate from a realtor's marketing and negotiation role, and is required regardless of how the sale was arranged.
What if my sale price doesn't cover my mortgage payout?
This is called a shortfall; your lawyer will flag this early so you can arrange to cover the difference before closing, rather than discovering it at the last minute.
How soon after closing do I receive my proceeds?
Typically shortly after closing, once your lawyer has confirmed the transfer is registered and funds have been received and disbursed according to your instructions.
This article provides general information about Alberta real estate law and is not legal advice. Book a consultation with GSD Law Group before you list.
Related reading: First-Time Home Buyer Legal Guide for Calgary · What Happens If a Real Estate Deal Falls Through in Alberta?
Contact GSD Law Group: Westwinds (403) 455-2151 · Savanna (403) 475-2157
