Entries by Marc Kelly

The Most Important Thing Your Lawyer Can Do For You

  I try to give a ton of information sessions for individuals in the real estate industry.  Realtors, mortgage brokers, new home buyers, condo boards, and even other lawyers.  In one session recently, I gave (in my view) some good information about an aspect of the transaction that I assist in and provide advice on.  […]

Disclosure Document Reviews are a MUST in new Condos

Realtors – get your clients to read disclosure packages on new condos.  Even better, get their lawyers to read it for them and advise them.  A recent case out of Ontario highlights the need for such an exercise.  Many thanks to the folks out at www.condoreporter.comfor highlighting the decision in their regular condominium blog.  The […]

Post Flooding Legal Blues

This past weekend for many in Regina and South East Saskatchewan was difficult.  The rain that fell on these communities caused flooding and significant property damage.  The response of the various communities has been inspiring, and the efforts of volunteers show some of the intangible benefits of living in our fine province.    When the dust settles […]

Top 5 “To Dos” for Condo Boards given Changes to SK Condo Laws

Boards and Property Managers – the changes to the Condo Property Act and Regs have happened – what should you do? (1) Call your Insurance Agent – The Act mandated a number of new insurance requirements.  Most notably, the Act required that Directors and Officers insurance was mandatory, as is insurance for the structures in […]

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Major Changes to Condominium Legislation in Saskatchewan

Effective June 16, 2014 a number of changes are going to be made to the Condominium Property Regulations, and a number of existing changes to the Condominium Property Act are going to be proclaimed, and put into effect.  The amendments have not yet made their way onto the Queen’s Printer website, but should be shortly.   […]

Changes to Lending Regulation for Farmers.

Agricultural real estate has special treatment in Saskatchewan.  From ownership restrictions to special lending issues, a family farm, especially the home quarter, is a different beast than your regular residential real estate transaction.  One such aspect is home quarter protection.  It is best to go to the Saskatchewan Farm Security Act for technical definitions, but […]

Representing Clients when Dealing with New Home Builders

Commonly, lawyers will act on both sides of residential real estate transactions.   Sometimes it is a necessity in smaller centres where there may only be one or two local lawyers.  Other times, it is because there are a few lawyers who do a high volumes of residential real estate and they will be referred from both ends of the […]

Why Listening To Your Clients Can Get You In Trouble…

One of the most difficult things about being a lawyer (and most other professions, I suppose) is the various ethical challenges that you are presented with over time.    A recent decision in a foreclosure matter highlights one such occurrence: http://www.canlii.org/en/sk/skqb/doc/2014/2014skqb110/2014skqb110.html In some cases, if a property is foreclosed on the lender can obtain a […]

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Dual Agency, Encroachments, and Cabins, Oh My!

What happens when a realtor misrepresents a significant characteristic of a property they are selling? Check out this 2014 Saskatchewan decision at: http://canlii.ca/t/g34p8 A Realtor negligently and fraudulently misrepresents the lots size to the purchasers that he is also acting for, and damages result.  It didn’t help that he originally owned and developed the space, […]