COVID-19 and Closing Real Estate Deals

This article is probably going to be outdated in three days.

However, I’m getting a lot of questions about how we are doing things in this new world. Lawyers have a tendency to be technologically slow, and nothing like a worldwide pandemic to try to drag us through the dark ages.

The biggest question I am getting is “Do I have to see you in person?”. The short answer is yes. As much as that is naturally offensive to many in ordinary situations, it’s particularly frustrating in the light of the social distancing guidelines that we are being recommended to follow. Why do we need to meet? Well, the most important reason is that there are certain documents that we are required to witness in person.

The Law Society of Saskatchewan has confirmed their interpretation of this issue. ISC has also confirmed this as it relates to authorization documents filed within their system. Their details are found below:

https://www.isc.ca/About/News/Documents/Direction%20from%20the%20Registrar%20of%20Titles.pdf

https://www.lawsociety.sk.ca/covid-19-updates/client-interaction/

I don’t particularly see a drive-thru as being the best way for our profession to manage this issue. I, and other lawyers, have been in touch with various organizations (Law Society, ISC, Ministry of Justice) in an attempt to promote a better solution. In my mind, an electronic witnessing of documents should be sufficient, with a more rigorous process to ensure the safety and reliability of those documents. My understanding is that the Law Society of Saskatchewan is on board with a properly thought out implementation of this type of system, and to be fair to them, they have been great at reaching out and advocating for a solution.

So what are we going to do? Well, until we have a better solution, I will have to follow the direction of the Law Society. That means working with my clients to find the best possible work around. Some ideas/approaches so far:

• All the ordinary sanitizing, distancing and other precautions being suggested for other businesses. We are doing extra cleaning. We have all the gel and soap that you need for an hour meeting. No hand shakes. Bring your own pen, or take the one we give you.
• I am meeting at off hours. I am minimizing the exposure to staff, and staff to you by having clients come in after 5pm.
• We can have the substantive portion of the meeting over the phone or video conference. I can describe documents, the deal, the process, etc, and simply have you come in to sign.
• I am totally prepared to have a drive up and sign meeting if that is your preference as well.

I’m taking all steps we can to try to take care of you, us, and everyone in between.  Let me know what I can do to help you out.