 If you’ve ever been through a real estate transaction in Edmonton, you know that the process can be both exciting and overwhelming. Whether you’re buying your first home, selling a property, refinancing, or dealing with a commercial real estate deal, there are a lot of moving parts to manage. One of the most important steps in any real estate transaction is working with a real estate lawyer. But how much does this crucial service cost? In Edmonton, the cost of hiring a real estate lawyer can vary depending on the type of transaction you're involved in. Understanding the fees upfront can help you plan and budget accordingly, ensuring that there are no surprises along the way.
In this blog, we’ll break down the costs associated with hiring a real estate lawyer in Edmonton, explain the different types of real estate transactions that affect pricing, and help you understand what you’re paying for when you hire a lawyer to help with your real estate dealings. Whether you're a first-time homebuyer or a seasoned investor, we’ve got the answers to the most common questions about real estate lawyer fees in the city. What is the standard fee for a real estate lawyer in Edmonton?When it comes to real estate transactions, many people wonder what they can expect to pay for legal services in Edmonton. At Salloum & Company, the rates are straightforward and clearly outlined, which means you won’t be hit with any surprise costs at the end of your transaction. Here’s a breakdown of our flat fees for the most common real estate services:
What’s the difference between a cash purchase and a mortgage purchase?If you’re purchasing a home or property, one of the main factors that will affect your legal fees is whether you’re buying with cash or with a mortgage. At Salloum & Company, we charge a flat rate of $749.00 + GST & disbursements for cash purchases, but if you’re purchasing with a mortgage, the fee increases to $999.00 + GST & disbursements. Why the difference? When you’re buying with cash, the process is relatively straightforward: the funds are transferred directly, and the transaction is completed without needing to involve a lender. On the other hand, if you’re using a mortgage, there are more steps involved, such as coordinating with your lender, reviewing the mortgage documents, ensuring that the bank’s interests are protected, and registering the mortgage against the title of the property. These extra steps require additional legal work, which is reflected in the slightly higher fee. Are there additional costs if I need to refinance my property?Refinancing your property is another scenario where you may need the services of a real estate lawyer. In Edmonton, refinancing fees typically cost $499.00 + GST & disbursements for a standard refinance, which includes handling one payout. A refinance involves changing the terms of your existing mortgage or taking out a new loan. Your lawyer’s role in a refinance is to ensure that all legal aspects are properly handled, including reviewing your new mortgage documents, registering the new mortgage with the land title office, and ensuring that your old mortgage is discharged properly. These are essential tasks that protect both you and your lender. If your refinance involves multiple payouts—meaning you have more than one mortgage or lien to pay off—the additional cost is $49.00 per payout. For example, if you have two mortgages that need to be paid off, you would pay an extra $98.00 in lawyer fees to cover the additional legal work involved in handling those payments. How does the sale of a property work with a real estate lawyer?Selling a property also requires legal assistance to ensure everything goes smoothly. Whether you’re selling your home, a commercial property, or an investment property, having a real estate lawyer can help you navigate the legal complexities of the sale. The standard fee for a sale transaction is $749.00 + GST & disbursements. This fee covers all the usual steps involved in selling a property, including reviewing and drafting the sale agreement, ensuring that the title is clear of any encumbrances, and handling the funds transfer. For example, when you sell a property, your lawyer will ensure that the buyer has made their payment, pay off any existing mortgage or liens on the property, and register the transfer of title with the appropriate authorities. Without a lawyer, there’s a risk that certain legal steps could be overlooked, which could lead to issues with the transaction down the line. Are there any hidden fees or additional costs I should be aware of?One of the great things about working with a real estate lawyer like Salloum & Company is that we offer flat fees, so you won’t encounter any hidden fees or surprise costs. However, as mentioned earlier, there are disbursements—costs that the lawyer incurs while handling your transaction. These typically include things like registration fees, title search fees, and courier charges, among others. While these disbursements are out of the lawyer’s control, they are generally modest and can be anticipated early in the process. A lawyer will always provide an estimate of disbursements at the beginning of your transaction so that you’re fully aware of what you’ll be paying. Real estate transactions can be tricky, but working with an experienced real estate lawyer in Edmonton can make all the difference. At Salloum & Company, we offer transparent, competitive flat fees for both residential and commercial real estate services. Whether you’re buying, selling, or refinancing a property, we’re here to provide the legal support you need to make your transaction as smooth and stress-free as possible. If you're ready to move forward with your real estate transaction, get in touch with us today to learn more about how we can help. Let us take care of the legal details so that you can focus on what matters most—your property.
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 Child custody cases can be some of the most emotionally charged and complex legal matters that families face. In Alberta, the best interests of the child are the guiding principle in determining custody arrangements. Whether through mutual agreement or in the courts, decisions surrounding the care and upbringing of children are always made with their well-being as the top priority.
Parents navigating custody cases often find themselves overwhelmed by the process and unsure of what to expect, which is why understanding the factors considered by the courts can provide some clarity.In Alberta, custody can refer to both physical custody, which determines where the child lives, and legal custody, which involves decision-making power over the child’s upbringing, education, and health. Joint custody is often favoured, as it allows both parents to be involved in the child’s life, though in some situations, sole custody may be granted. When making decisions about custody, Alberta courts focus on the best interests of the child, evaluating a variety of factors to ensure the child’s safety, stability, and happiness. What is meant by “best interests of the child”? The "best interests of the child" is the central standard that Alberta courts use to make custody decisions. This principle ensures that the child’s emotional, psychological, and physical well-being is prioritized over all other factors, including the parents' desires. The court considers several aspects, such as the child's relationship with each parent, the child's needs, and each parent’s ability to provide for those needs. The goal is to create an environment that promotes the child's healthy development. How does the court evaluate the parent-child relationship? Courts in Alberta carefully evaluate the relationship each parent has with the child. Factors such as the emotional bonds, the role the parent has played in the child’s life, and the level of involvement in day-to-day activities are all considered. For instance, if one parent has historically been the primary caregiver, this may influence the court’s decision, as it reflects a consistent and stable presence in the child’s life. However, the court will also consider the child’s attachment to both parents and the potential impact of changes to their routine. What role does the child’s preferences play in custody decisions? In Alberta, while the court’s focus is always on the best interests of the child, the child’s own preferences can also play a role, particularly if the child is older. Children who are mature enough to express their thoughts may have their preferences taken into account, although the court will weigh these alongside other factors. However, the court will not base its decision solely on what the child wants, as it must still ensure the final arrangement is in the child's best interests. Can the parents’ conduct affect custody decisions? Yes, a parent’s conduct can significantly impact custody decisions. Alberta courts will examine any evidence of abuse, neglect, or harmful behaviour by either parent, as these can affect the child’s safety and emotional well-being. If one parent has a history of violence or substance abuse, this could result in limitations on their custody or access to the child. On the other hand, the court may also consider each parent’s ability to cooperate with one another in fostering a positive co-parenting relationship. How does the court address joint custody vs. sole custody? Joint custody is often encouraged in Alberta, as it promotes the involvement of both parents in raising the child. However, if the court believes joint custody is not in the child's best interest due to factors such as parental conflict or a parent’s inability to care for the child, it may grant sole custody. This means one parent will have primary responsibility for decision-making, though the other parent may still be granted access to maintain a relationship with the child. Navigating a child custody case can be challenging and stressful. At Salloum & Company, our experienced family lawyers are here to provide compassionate guidance and ensure the best possible outcome for you and your child. Contact us today to discuss your case and find out how we can help secure a bright future for your family.  Purchasing a home is one of the biggest investments you’ll make in your lifetime, and navigating the legal aspects of a real estate transaction can be overwhelming. While you may already be working with a real estate agent, it’s crucial to understand the role of a real estate lawyer in the home-buying process in Alberta. A lawyer ensures that all legal documents are in order, protects your interests, and helps prevent potential disputes down the road.
In Alberta, the real estate landscape can be complex, involving contracts, mortgage documents, title transfers, and local regulations. While hiring a real estate lawyer is not strictly required by law, it is highly advisable to have one on your side to review contracts and oversee the legal aspects of your home purchase. In this blog, we’ll explore why having a real estate lawyer is important and what they can do for you during the home-buying process. What does a real estate lawyer do during a home purchase? A real estate lawyer plays a crucial role in reviewing and preparing the legal documents involved in your home purchase. This includes the purchase agreement, mortgage terms, and title documents. One of their main responsibilities is to ensure that the contract is fair and legally binding, protecting you from any hidden clauses or unfavorable terms. In addition, a real estate lawyer will conduct a title search to confirm that the property is free from any legal encumbrances, such as liens or claims from third parties. They also handle the transfer of funds, ensuring that all financial aspects of the transaction are conducted securely and in accordance with Alberta’s legal standards. Essentially, your lawyer acts as your legal safeguard throughout the home-buying process.  Child support is a fundamental aspect of family law in Alberta, designed to ensure that children continue to receive financial support from both parents after separation or divorce. It is the legal obligation of parents to contribute to the costs associated with raising their children, including education, health care, and general well-being. Child support ensures that children can maintain a standard of living comparable to what they would have experienced if their parents had remained together.
In Alberta, child support is calculated primarily based on federal guidelines, which consider the income of the paying parent and the number of children involved. However, the process can become more complex when factors like shared custody, additional expenses, and special circumstances are considered. Understanding how child support is calculated can help parents navigate the process and ensure fair contributions are made for the benefit of their children. What guidelines are used to calculate child support in Alberta? Child support in Alberta is calculated based on the Federal Child Support Guidelines, which provide a clear formula for determining how much support is owed. The guidelines take into account the gross annual income of the paying parent and the number of children. Alberta also uses child support tables that outline the amount payable based on income levels, ensuring that calculations are straightforward and consistent. The guidelines are designed to ensure fairness, but they also offer flexibility in cases where unique circumstances arise. Parents are encouraged to refer to these tables, which are available online, or consult with a family lawyer to better understand their obligations under Alberta law. How does parenting time affect child support? Parenting time, or custody arrangements, can significantly affect how child support is calculated. In cases where one parent has primary custody, the non-custodial parent typically pays the full amount of child support based on the federal guidelines. However, if the parents share custody and each has the children for 40% or more of the time, the calculation may change. In such cases, the income of both parents is considered, and a set-off method is used to determine a fair contribution from each side. In shared custody arrangements, it's important for both parents to be transparent about their financial situations and discuss how the costs of raising their children will be split. Adjustments can also be made based on the specific needs of the children and the parenting schedule.  Do I need a real estate lawyer to refinance my home?
Refinancing your home is a significant financial decision that can bring a multitude of benefits, such as lower interest rates, reduced monthly payments, and access to home equity. However, the process of refinancing can be intricate and requires careful attention to detail to ensure a successful outcome. Below are some important points to help you understand how a real estate lawyer can play a pivotal role in home refinancing, safeguarding your interests and ensuring a smooth transition. What does home refinancing mean? Before delving into the role of a real estate lawyer, let's briefly review what home refinancing entails. Refinancing is the process of replacing your existing mortgage with a new one, often with more favorable terms. Homeowners typically choose to refinance for one or more of the following reasons:
Have you recently found yourself pulled over by the police? Were you unsure about how to handle the situation calmly? We understand that such encounters can be extremely intimidating. However, being well-informed and knowing your rights can make a significant difference in these moments. Let’s address some common questions you might have when pulled over by the police in Canada and provide a few essential tips to help you navigate these situations with confidence and composure.  Do you have a right to know why you are being stopped? In Canada, police officers must have a valid reason, known as "reasonable grounds," to pull you over. These reasons may include suspected traffic violations, concerns about impaired driving or even commission of a crime. When stopped, you have the right to ask the officer why you've been pulled over, and they are obligated to provide a clear explanation. Knowing the reason for the stop is essential to understanding the situation and your legal rights. However, if you believe that the stop was arbitrary or without reasonable grounds, it's crucial to document the details of the encounter and seek legal advice afterward. Your lawyer can assess whether the stop was lawful and, if necessary, take appropriate action to protect your rights. Can you refuse to provide ID to the police in Canada? When pulled over by a police officer, you are not under a legal obligation to provide your ID unless the officer is investigating a specific crime or detaining you. However, it's important to remember that refusing to provide identification may escalate the situation, and it's often advisable to cooperate while asserting your rights. The police may request your name and address, and sometimes identification. In most cases, you're not obliged to provide this information. However, providing false information about your identity can result in charges of obstructing justice or obstructing the police. For instance, if you're driving, the police may ask to see your driver's license, car registration, and insurance. You are legally required to provide these documents upon request. It's essential to know that even if you provide identification, you are not obligated to answer additional questions beyond confirming your identity. If you feel that your rights are being violated during an encounter with law enforcement, it's recommended to consult with a lawyer.  Can the police search your vehicle without a warrant?
Generally, the police in Canada cannot search your vehicle without a warrant or your consent. However, there are exceptions, such as if they have reasonable grounds to believe there is evidence of a crime in your vehicle or if they suspect impaired driving. They must also believe that this evidence would be removed or destroyed if they waited for a search warrant. For instance, if the police suspect you've been drinking alcohol, they can conduct a roadside breath test or physical sobriety tests, such as walking in a straight line. You don't have the right to speak to a lawyer before taking a roadside test. If they have reasonable grounds to believe you're over the legal limit, they can take you to the police station for further testing. Section 8 of the Canadian Charter of Rights and Freedoms guarantees that "Everyone has the right to be secure against unreasonable search or seizure." This fundamental right ensures that law enforcement officers cannot conduct searches or seizures without proper justification, such as a search warrant or reasonable grounds. Real estate lawyers offer a range of services, including contract review and negotiation, title examination and insurance, due diligence and disclosures, closing procedures, and dispute resolution. They play a crucial role in safeguarding clients' interests, ensuring legal compliance, and facilitating smooth real estate transactions. Having a knowledgeable and experienced real estate lawyer is important for navigating the complexities of the real estate industry successfully.  Why is it important to have a real estate lawyer involved in your transaction? When it comes to real estate transactions, having a knowledgeable and experienced legal professional by your side can make all the difference. At Salloum & Company, we understand the complexities of the real estate industry and the crucial role that real estate lawyers play in safeguarding your interests. What is the role of a real estate lawyer in contract review and negotiation? One of the primary responsibilities of a real estate lawyer is to review and negotiate contracts on behalf of their clients. This includes purchase agreements, lease agreements, financing documents, and other legal contracts associated with real estate transactions. Their years of experience ensure that the terms and conditions are fair, accurate, and in compliance with applicable laws and regulations. How do real estate lawyers assist with title examination and insurance? Real estate lawyers conduct thorough title examinations to identify any potential issues or encumbrances related to the property's ownership and title history. They work closely with title companies to address any concerns and ensure that the property has a clear and marketable title. Additionally, real estate lawyers assist clients in obtaining title insurance to protect against any unforeseen title defects. What role do real estate lawyers play in due diligence and disclosures? Performing due diligence is a crucial aspect of any real estate transaction. Real estate lawyers help clients navigate through the process by conducting thorough research, examining zoning and land use restrictions, and assessing any environmental concerns. They also ensure that all necessary disclosures are properly prepared and provided to the involved parties, ensuring transparency and compliance with legal requirements.  How do real estate lawyers facilitate the closing process?
Real estate lawyers play a pivotal role in the closing process. They coordinate with all parties involved, including buyers, sellers, lenders, and title companies, to ensure a smooth and legally compliant closing. This includes preparing closing documents, facilitating the transfer of funds, overseeing the signing of legal documents, and recording necessary paperwork with the appropriate government agencies. What services do real estate lawyers provide in dispute resolution and litigation? In the event of real estate disputes, real estate lawyers step in to protect their client's rights and interests. They provide legal representation and guidance in mediation, arbitration, or court proceedings related to property disputes, breach of contract claims, landlord-tenant conflicts, or any other real estate-related legal matters. A real estate lawyer's role goes far beyond just reviewing documents and providing legal advice. They are essential allies in navigating the complex landscape of real estate transactions, ensuring compliance with legal requirements, protecting your interests, and resolving disputes. At Salloum & Company, we are committed to providing comprehensive and personalized legal services to meet your specific needs. Whether you're buying, selling, leasing, or facing a real estate-related challenge, having a trusted real estate lawyer on your side can make all the difference. Contact us at (825) 901-2000 today, and let us be your trusted partner in all your real estate endeavours. Charter rights in Canada are embedded in the Canadian Charter of Rights and Freedoms. These rights serve as fundamental principles of justice in Canada’s legal framework. In their jurisprudential sense, these rights are termed as foundational pillars of the Canadian legal system. These rights not only grant individuals protection against potential abuses of power but also establish a framework that ensures the balance between individual rights and societal responsibilities.  Why does the Charter rights matter in criminal proceedings in Canada?
In the context of criminal matters, these rights serve as tangible assurances that provide a shield against potential abuses of power by the state authorities. Charter rights hold immense importance because they ensure that individuals facing criminal allegations receive protection, fairness, and justice throughout the legal process. These rights are a concrete expression of Canada’s commitment to preserving human dignity and individual liberties. How does the Charter protect the right to life, liberty and security of a person? Section 7 of the Canadian Charter of Rights and Freedoms provides protection against state actions that infringe upon the fundamental rights of life, liberty, and security of the person. It mandates that any laws or actions encroaching on these rights must adhere to the principles of fundamental justice, which are the foundational principles underlying the notions of fairness and due process. This was highlighted in the case of Charkaoui v. Canada (Citizenship and Immigration) wherein it was underscored that these principles ensure justice and fair proceedings. This section further provides for a two step analytical process to determine its applicability which are mentioned below:
What is the link between deprivation and violation under section 7 of the Charter? It is important to clarify that Section 7 does not establish an autonomous or standalone right to fundamental justice. Instead, its focus lies on the potential deprivation of life, liberty, or security of the person. Section 7 is triggered when these fundamental interests are under threat. Therefore, a violation of Section 7 occurs only when there is a tangible infringement on these interests. The Supreme Court of Canada in R v Pontes held that there can be no violation of Section 7 of the Charter in cases where no deprivation of these core interests is established. Is possession of drugs a crime in Canada? Possession of drugs is a serious offence in Canada and encompasses a range of criminal activities related to controlled substances. In Canada, drug offences are governed by the Controlled Drugs and Substances Act (CDSA). This comprehensive legislation regulates the possession, trafficking, production, and distribution of controlled substances. The CDSA classifies drugs into different schedules, based on their potential for abuse and medical use, and outlines the penalties for offences related to each schedule. The country’s laws aim to regulate, control, and deter the possession, trafficking, production, and distribution of illegal drugs. Understanding drug offences is crucial as they carry significant legal consequences that can impact one's life, career, and future opportunities.  What must the prosecutor prove in a drug case?
In a drug-related prosecution, the burden of proof lies on the prosecutor to establish two critical elements, “knowledge and control.” This means they must demonstrate that you were aware of the presence of illegal drugs and that the drugs were either in your immediate possession or located in a place you had authority over, such as your personal vehicle or residence. To prove “knowledge,” the prosecutor must show that you were aware of the illicit substance's existence. This can be inferred through direct evidence, such as admissions made by you or witnesses who saw you interacting with the drugs. Regarding “control,” the prosecutor must demonstrate that you had the authority to access or influence the area where the drugs were found. For instance, if the drugs were discovered in your car, the prosecution must show that you had the ability to drive and control the vehicle, thus having dominion over its contents. What is the penalty for possession of drugs in Canada? Each type of drug falls under a certain category known as Schedules in the Controlled Drugs and Substances Act (CDSA), which helps determine the range of sentencing. There are nine schedules in total. The severity of the sentence for drug possession varies depending on the type of drug and the quantity involved and is mentioned as follows as provided under section 4, sub-section (2), (3) and (6) of the Controlled Drugs and Substances Act (CDSA):
Prime Minister Trudeau’s separation announcement: What does it mean to be separated in Canada?8/3/2023  PHOTO: JEFF J MITCHELL/GETTY The news of Prime Minister Justin Trudeau and his wife, Sophie Grégoire Trudeau, announcing their separation has reverberated across the nation. As public figures, their personal lives often intertwine with the political landscape, evoking a mix of curiosity, sympathy, and speculation from the Canadian public. While their journey unfolds in the public eye, it serves as a poignant reminder that separation is a deeply human experience that many individuals encounter in their lives, irrespective of their social status.
As we observe the complexities of their situation, we are also reminded of the significance of understanding the legal intricacies of separation and divorce for every couple in Canada. As family lawyers, our aim is to offer information that can help individuals and couples facing similar circumstances to navigate this uncertain terrain with clarity and knowledge. What is meant by separation in Canada? Separation in Canada refers to the decision of a married couple to live apart while still legally married. This period of living apart is often seen as a time of reflection and can be an intermediate step before considering divorce. It is essential to understand that separation does not legally end the marriage. The couple remains married until they decide to pursue a divorce or obtain a legal annulment. How is separation different from divorce in Canada? While both separation and divorce involve living apart, they have distinct legal implications in Canada. Separation merely signifies that a couple is no longer living together, but they remain married. On the other hand, divorce is the legal termination of a marriage, making the individuals single and eligible to remarry. During separation, the couple may still have certain obligations towards each other, such as spousal support, but these can be more formally defined during divorce proceedings. |
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November 2024
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