Real Property Reports:
A Real Property Report ("RPR") is a drawing prepared by an Alberta
Land Surveyor of the Property, at a set date, showing its boundaries and
dimensions as well as the location of all of the improvements to the
Property such as the House, garage, driveway and fences.
This is an important document to both the Buyer and the Buyer's
Lender for it confirms to both of them that there are no physical issues
with the Property such as a garage that crosses into the neighbour's
property.
The approximate cost for a new RPR is $1,000.
The standard form real estate contract used in the Bow Valley places
an obligation on the Seller to provide the Buyer with an RPR with a
Compliance Certification on it.
The Compliance Certification is done by the Municipal Authority such
as the Town of Canmore confirming that the Property is in compliance
with the Municipal bylaws.
PROBLEMS FOR THE SELLER arise in a couple of ways:
- the Seller loses the original RPR with Compliance and
therefore doesn't have one available to provide to the Buyer;
- the RPR is old; for instance some
Lender's will not accept an RPR that is older than five years and if
they do accept an older RPR, they will insist that the Seller swear a
Statutory Declaration declaring that nothing has changed on the RPR;
- there is in fact a problem with the
Property that the Seller hasn't remedied; or
- the Seller never did have an RPR but has
contracted with the Buyer to provide one.
THE SELLER NEEDS TO DEAL WITH THE ISSUE OF PROVIDING AN RPR
EARLY!!
If an RPR is not available for the Buyer on the Closing Date, the
Buyer's Lawyer will insist that the Seller's Lawyer withhold sufficient
funds from the Seller until the RPR has been provided. A $1,500 to
$5,000
holdback is not uncommon.
If you or your Realtor believe there is or may be an issue respecting
your RPR, discuss it with me sooner than later so we can get it
resolved. Sometimes Title Insurance
can be used in place of an RPR.
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