Residential Conveyancing in BC – Step-by-Step Manual for Lawyers and Law Office Conveyancers

Residential Conveyancing in BC – Step-by-Step Manual for Lawyers and Law Office Conveyancers

Introduction
Residential conveyancing is the legal process of transferring a home’s title from seller to buyer in British Columbia (Guide to Residential Conveyancing in BC). It involves numerous steps to ensure the property is free of issues and the transfer is completed smoothly. As a conveyancer in a law office, you will coordinate with clients, realtors, lenders, and government bodies to fulfill all legal requirements. This manual provides a step-by-step guide – from initial client contact through closing – with practical tips, key legal concepts, and references to standard forms and regulations. It is designed for a new conveyancer to confidently handle the sale and purchase of residential properties in BC.

1. Client Interactions

Successful conveyancing begins with effective client interaction. From the first consultation to post-closing, maintain professionalism, clarity, and proactivity in all communications.

1.1 Initial Consultations and File Opening

1.2 Building Rapport and Managing Expectations

  • Explain the Process: Especially for first-time home buyers or sellers, outline the conveyancing process in simple terms. Let them know you will handle searches, document preparation, liaising with the other party’s lawyer, registration at the Land Title Office, and distribution of sale proceeds or keys. Encourage questions and answer them with patience. A well-informed client is more comfortable and trusting.
  • Timeline and Key Steps: Review the timeline with the client. For example, explain that after subjects are removed, you will conduct due diligence (title search, etc.), then meet the client about a week before closing to sign documents, then on the completion date you will exchange funds and register the transfer, with the buyer getting keys on the possession date (often the day after completion at a set time). Emphasize any client tasks: e.g. the buyer must arrange property insurance effective on closing (a lender requirement) and bring in the balance of money (via bank draft) before the completion date. The seller should plan to move out by the possession date and ensure utilities are final-billed. Managing these expectations early will reduce last-minute issues.
  • Communication Preferences: Ask clients how they prefer to be contacted (email, phone, etc.) and confirm contact details. Ensure they know your name and direct line/email for questions. Provide an overview of your office hours and how to reach you if something urgent arises close to closing. Early clarity on communication helps build confidence.

1.3 Maintaining Ongoing Communication

  • Status Updates: Keep clients informed as the transaction progresses. Best practice is to update the client at key milestones – e.g. “Title search is clear, no unexpected charges found,” or “We’ve received mortgage instructions from your bank and are preparing documents.” Regular updates prevent clients from feeling anxious about the unknown. Even a brief email confirming “all is on track” is reassuring.
  • Respond Promptly: Aim to respond to client inquiries on the same day if possible, or within 24 hours. The Law Society emphasizes the duty to keep clients informed and respond to communications in a timely manner (Annotations to Chapter 3 – Law Society of British Columbia). Even if you don’t have an answer yet, acknowledging the message and promising to follow up can help manage the client’s expectations.
  • Addressing Concerns: If the client raises concerns (for example, confusion about a contract term or a rumor of a delay), address them directly and factually. Explain legal jargon in plain language – part of managing expectations is ensuring clients understand what’s happening. If a problem is discovered (e.g. an issue on title or a financing hiccup), inform the client immediately, along with the steps you are taking to resolve it and any impact on timing. Honesty and transparency will build trust.
  • Record Keeping: Document all key communications with the client in the file notes or by email confirmation. For example, if you advise the client of something important by phone, send a follow-up email summarizing it. This creates a record in case of any disputes later and ensures everyone is on the same page. It’s both good practice and a risk management strategy.

1.4 Professionalism and Empathy

  • Calm Guidance: Real estate transactions can be stressful for clients. Maintain a calm, assuring tone even if issues arise. Let them know you have encountered similar issues before and will guide them through. For example, if a minor delay is expected, explain the solutions rather than simply delivering bad news.
  • Maintain Boundaries: While being friendly and supportive, remember to stay within your role. Do not give advice outside your expertise (e.g. tax or investment advice) – when in doubt, suggest the client seek the appropriate professional advice. Also, avoid commenting on matters like the wisdom of the deal or property value; stay focused on the legal process.
  • Cultural and Individual Sensitivity: BC is diverse – be mindful of cultural differences or first-time buyer nerves. Be prepared to explain concepts that might seem basic (like what “adjustments” are) without condescension. If language is a barrier, see if documents are available in other languages or if the client wants an interpreter for signing.

By following these client interaction best practices, you will set a positive tone for the conveyance. A well-informed, comfortable client and a well-documented file are the foundation for a smooth transaction.

2. Document Management

Conveyancing involves preparing, reviewing, and organizing a multitude of documents. Diligent document management ensures that all paperwork is accurate, complete, and compliant with legal requirements. Below is a breakdown of key documents and how to handle them:

2.1 Contract of Purchase and Sale

The Contract of Purchase and Sale is the blueprint of the deal – it sets out the parties, price, conditions, and dates. As the conveyancer, carefully review the contract for completeness and enforceability (Practice Checklists Manual – Residential Conveyance Procedure) (Practice Checklists Manual – Residential Conveyance Procedure). Key steps include:

  • Verify Signatures and Dates: Ensure the contract is signed by all sellers and buyers, and that any alterations or additions (initials on changes, addendum pages) are signed or initialed by everyone (Practice Checklists Manual – Residential Conveyance Procedure). A contract isn’t binding until all parties have signed in acceptance of the final terms. If the contract went through counter-offers, double-check that the final version reflects the agreed terms.
  • Party Names: Confirm that the buyers and sellers are correctly and fully identified (Practice Checklists Manual – Residential Conveyance Procedure). Names should match legal IDs (including middle names or initials, if possible) to avoid discrepancies later on title. Avoid vague identifiers like “John Doe or Nominee.” If the contract lists a nominee or assignee, ensure a proper assignment document is in place and the seller consented, as required by BC regulations (Practice Checklists Manual – Residential Conveyance Procedure).
  • Key Terms & Standard Clauses: Check that all essential elements of a valid contract are present – an offer, acceptance, consideration (price), and a clear subject matter (property) (Practice Checklists Manual – Residential Conveyance Procedure). It’s important the contract is on the current standard BCREA/CBA form (most Realtor-drafted contracts are) and includes standard terms, including a clause allowing closings to be completed by lawyers’ undertakings (Practice Checklists Manual – Residential Conveyance Procedure). Ensure critical details like the legal description of the property and civic address are included (sometimes an address alone is not sufficient, but most standard forms have a space for legal description). Verify the purchase price and deposit structure – the contract should specify how much deposit was paid, to whom, and when. Also note the agreed completion date, possession date, and adjustment date – these drive the rest of your timeline (Practice Checklists Manual – Residential Conveyance Procedure).
  • Subjects and Addenda: Identify any subject conditions (financing, inspection, etc.) and whether they have been removed. Normally, the buyer’s agent will provide a signed Subject Removal addendum once conditions are waived. If subjects are still pending, diarize their removal deadline and remind the client – a failure to remove subjects properly can void the deal. Also review any special clauses in addenda (e.g. “subject to sale of buyer’s home” or specific repairs to be done) so you know if there are extra requirements before closing.
  • Special Terms: Look for clauses dealing with personal property (inclusions/exclusions), adjustments (e.g. if seller prepaid something beyond normal adjustments), or unusual arrangements like vendor financing. If the contract includes seller financing (vendor take-back mortgage) or an assumption of seller’s mortgage, ensure the details (amount, interest, etc.) are clearly stated (Practice Checklists Manual – Residential Conveyance Procedure). Determine who is responsible for preparing any related documents (often buyer’s lawyer for new mortgage or seller’s lawyer for vendor take-back) and note it.
  • Enforceability Issues: Assess if the contract is “sufficiently certain” to be enforceable (Practice Checklists Manual – Residential Conveyance Procedure). Vaguely worded clauses or incomplete terms can be problematic. For example, a subject that is essentially “agreement subject to a future agreement” could be unenforceable. If you spot a potential issue (like an ambiguous clause or missing detail like no completion date), flag it to the supervising lawyer and consider advising the client. In some cases, a collateral agreement or amendment might be needed to address deficiencies (Practice Checklists Manual – Residential Conveyance Procedure). While it’s not the conveyancer’s role to rewrite the contract, bringing issues to the lawyer’s and client’s attention is critical to avoid closing problems.

In summary, treat the Contract as your checklist for the transaction: it tells you what needs to happen and when. Ensure it is solid, because all other documents will flow from the contract’s terms.

2.2 Title Search and Due Diligence

Performing a Land Title Search early in the process is one of the most important steps. BC operates under the Torrens system, meaning the Land Title Office’s records are the definitive proof of ownership and any charges on title (Land Title and Survey Authority – Wikipedia). Your due diligence on title will confirm what the seller actually owns and any encumbrances that need addressing.

  • Obtain the Title Search: Using the property’s Parcel Identifier (PID) or legal description, obtain a title search from the Land Title and Survey Authority (LTSA) system (via your myLTSA account or a service like BC Online). Review the current title register which shows the registered owner(s), the legal description, and all registered charges/encumbrances (Practice Checklists Manual – Residential Conveyance Procedure). Also get a copy of the Land Title Plan if needed (especially if the legal description references a plan – useful to see easements or lot layout) (Practice Checklists Manual – Residential Conveyance Procedure). If the property is strata, also pull the strata plan and any amendments to understand unit boundaries, common property, etc.
  • Verify Ownership and Legal Description: Check that the registered owner(s) on title correspond to your seller client (or the seller in the contract) (Practice Checklists Manual – Residential Conveyance Procedure) (Practice Checklists Manual – Residential Conveyance Procedure). If you find additional registered owners or a different name, investigate immediately (it could be a marriage/name change, or an error in the contract). Confirm the legal description on title matches the contract – including lot number, plan number, district lot, etc. (Practice Checklists Manual – Residential Conveyance Procedure). If the contract only listed a civic address or had an error in the legal description, get clarification and prepare an amendment if necessary. Any discrepancy in the legal description must be corrected before documents are prepared to avoid registering the wrong property (Practice Checklists Manual – Residential Conveyance Procedure). It’s not uncommon for a property (especially new developments) to have multiple PID numbers or lots – ensure all are accounted for in the transfer.
  • Identify Charges and Encumbrances: Carefully review all charges, liens, and interests listed on title (Practice Checklists Manual – Residential Conveyance Procedure). Common items include: mortgages, assignments of rents, easements, covenants, rights of way, building schemes, and possibly judgments or certificates of pending litigation. Each item should be considered: Does it need to be removed by the seller on or before completion, or will it remain on title and be assumed by the buyer? For example:
    • Existing financial charges (mortgages, liens) will typically be discharged. Note the registration numbers of any mortgages – you’ll need these for preparing discharges or for your trust letter undertakings.
    • Easements, Covenants, Rights of Way: These are usually permanent and remain on title. Obtain copies of any not already in the client’s possession (through LTSA image requests) and review them. Ensure none of them would surprise the buyer (e.g., a restrictive covenant banning certain uses). If something potentially affects property value or use, inform the lawyer/client.
    • Judgments or CPLs: If you see a judgment against the seller or a Certificate of Pending Litigation, this is a red flag. The seller must clear these to transfer clear title. Raise it immediately with the lawyer – often it involves paying off the judgment from sale proceeds or obtaining a court discharge of a CPL.
    • Leases: Occasionally a long-term lease is registered. If the property is being sold subject to a tenancy (common for investment or tenant-occupied properties), see if a lease is registered or just a month-to-month tenancy (unregistered). A registered lease might need special handling (buyer takes title subject to it).
    • Strata Notices: For strata lots, check for any “Form G – Certificate of Lien” on title. A Form G indicates the strata corporation has a lien (usually for unpaid fees) – this must be resolved by seller before transfer.
  • Check for Duplicate Title or Miscellaneous Notes: The search might indicate if a Duplicate Certificate of Title is outstanding (an older practice where owners held a paper title certificate; if a duplicate is “issued”, the Land Title Office won’t register new dealings until it’s surrendered) (Practice Checklists Manual – Residential Conveyance Procedure) (Practice Checklists Manual – Residential Conveyance Procedure). If it shows an outstanding duplicate, arrangements must be made to have it surrendered or destroyed – flag this for the lawyer. Also note any “miscellaneous notes” on title which can include notifications like an order canceling a duplicate title or other administrative notes.
  • Consistency with Contract: Ensure nothing on title contradicts the contract. For example, if the contract said the property includes a parking stall or storage locker, verify if those are separate strata lots or limited common property on title. If the contract promised “free of encumbrances except subsisting conditions in the original grant and statutory exceptions,” standard in BC, that means the buyer expects clear title except minor exceptions – so any mortgage or certificate of lien must be cleared. Permitted encumbrances (like easements that run with the land) are generally accepted by the buyer, but if something unusual appears, you may need to alert the buyer’s side and possibly negotiate its removal or an adjustment.
  • Other Searches (if applicable): Depending on the property, consider additional searches:
    • Personal Property Registry (PPR): If there is a manufactured home (mobile home) included, or if any major chattel is part of the sale, search the PPR to ensure no security interests are registered against them (Practice Checklists Manual – Residential Conveyance Procedure). For example, a solar panel lease or a mobile home lien would appear in PPR, not Land Title.
    • Bankruptcy/Insolvency Search: Rarely, if a seller is suspected of insolvency issues, a quick bankruptcy search could be prudent. Usually not done unless specific concern.
    • Property Taxes & Utilities: Although handled separately (see next section), outstanding property taxes or city utility charges can act as a lien on the property (municipalities have statutory lien powers). A tax search or certificate will reveal this. Similarly, some rural properties might have local improvement charges.

In short, the title search is about ensuring the buyer will get clear title and identifying any issues early. If you find any complications, consult with the supervising lawyer and communicate with the other side as needed to resolve them well before closing (The Conveyancing Process in BC: A Step by Step Guide). Thorough due diligence at this stage “identifies any challenges that may hinder the transaction from being finalized” (The Conveyancing Process in BC: A Step by Step Guide), allowing time to address them.

2.3 Tax Certificates and Property Tax Adjustments

Property taxes are a crucial part of every conveyancing file. The seller must pay property taxes up to the adjustment date (often the completion date unless otherwise specified) and the buyer is responsible after that. Obtaining a tax certificate or tax information will allow you to adjust taxes and ensure there are no arrears that could become the buyer’s problem.

  • Order a Tax Certificate: A Tax Certificate is an official document from the municipality confirming the status of property taxes (paid or owing, and how much) up to the date of issue. In BC, many law firms use the LTSA’s Tax Certificates Online service, which provides access to municipal tax certificates across the province (Tax Certificates | System Help). You can search by the property’s PID or tax roll number and obtain the certificate electronically, with the fee charged to your LTSA account (Tax Certificates | System Help) (Tax Certificates | System Help). Alternatively, you can request one directly from the municipality (some cities allow email or fax requests or have their own online portal). Smaller municipalities might require a phone call and payment by credit card to issue one.
  • Why Tax Certificates Matter: Besides providing the exact amount of taxes for adjustment calculations, a tax certificate is binding on the municipality (24. Property Taxes | Canadian Bar Association) – meaning it’s the authoritative statement of taxes owing as of its date. Relying on one protects you from any later surprise from the city. However, note that a certificate only captures amounts up to the date of issue and won’t reflect future levies or supplemental bills (24. Property Taxes | Canadian Bar Association). If the transaction straddles a year-end or if recent improvements could trigger a supplemental assessment, be aware the buyer might get an extra bill later (which is usually their responsibility if it’s for the period after their ownership). Many lawyers obtain a certificate for certainty, though if time is short, they might instead do an online property tax search or call the municipal tax office to get the current tax amounts (24. Property Taxes | Canadian Bar Association). Such informal methods give you numbers to adjust, but caution: a verbal or online confirmation is not guaranteed – it’s “not reliable proof of tax status” (24. Property Taxes | Canadian Bar Association). As a conveyancer, it’s best practice to get the official certificate whenever feasible, especially if the lender’s instructions require proof that taxes are paid in full (24. Property Taxes | Canadian Bar Association).
  • Interpreting the Tax Info: Determine the tax year and amount. In BC, property taxes are due annually (usually July 2) for the calendar year. If the completion is, say, August 1, the seller likely paid the full year’s taxes in July – in that case the buyer owes the seller for the portion from August 1 to Dec 31 (since the seller prepaid). Conversely, if completion is before the tax due date and taxes are unpaid, the seller must credit the buyer for Jan 1 to closing and the buyer will pay the bill when due. Use the tax certificate to see if taxes are paid or outstanding. If outstanding and past the due date, there may be penalty interest as well. Any outstanding taxes (and penalties) must be paid out of the sale proceeds on completion – typically the buyer’s lawyer will pay the city and deduct that from the amount payable to the seller (reflected in the Statement of Adjustments).
  • Home Owner Grant and Other Levies: The tax certificate often notes whether the Home Owner Grant (HOG) was claimed by the owner for the current year. If the seller lived in the home and claimed the grant, the tax amount will be net of that grant. You’ll need to adjust accordingly – typically, the grant is not adjusted between parties; instead, if the seller claimed it, the buyer (if eligible) will have to apply for their own grant next year. Just be aware of it. Also check for local levies: some cities have special levies (e.g., Metro Vancouver utility levy, or a local improvement project cost). These should be included in the tax figure and thus adjusted as part of taxes. A separate line item could be something like a garbage collection fee or sewer parcel tax – those are usually annual charges included on the tax bill and should be proportionately adjusted as well.
  • Adjusting Property Taxes: Using the information gathered, you will prorate the property taxes on the Statement of Adjustments (discussed further below). The standard adjustment is: whichever party has (or will have) paid the taxes covers Jan 1 to the adjustment date, and the other party pays their portion. For example: if completion (adjustment date) is June 30 and taxes for the year are $3,600 (and not yet paid), the seller owes the buyer 6 months’ worth (Jan 1–June 30) and the buyer will pay the full bill in July. If taxes are already paid, the buyer owes the seller for July 1–Dec 31. Always double-check your math and the daily rate (most use a 365-day year for taxes, unless instructed otherwise).
  • Ensure Payment of Arrears: Never allow a transfer to complete with unpaid property taxes for past years. Municipalities have super-priority – unpaid taxes from previous years constitute a lien that stays on the land and could lead to tax sale. Thus, if the tax certificate shows arrears or delinquent taxes, those must be paid out. Usually, you would simply account for them on the seller’s side of the adjustments (deduct from seller). Some mortgage instructions require you to certify taxes are paid (24. Property Taxes | Canadian Bar Association). If so, arrange to pay them on completion and get a receipt. It is generally unreasonable for a lender to ask a lawyer to personally certify that all taxes are paid (24. Property Taxes | Canadian Bar Association), but you are expected to ensure they are paid from the sale or by the client. In practice, give the lender evidence of the tax status (copy of certificate or bill) and confirm that taxes up to completion will be paid from funds (24. Property Taxes | Canadian Bar Association).

In summary, get the official tax info and incorporate it into your adjustments. This protects your client (and the lender) from tax liabilities and ensures a fair division of costs at closing.

2.4 Strata Documents (if applicable)

If the property is a strata lot (condominium, townhome, etc.), there are additional documents and considerations:

  • Strata Form B (Information Certificate): This form, obtained from the strata corporation (usually via the property management company), provides key information such as the strata fees, any arrears owing by the unit, upcoming special levies, the amount in the contingency reserve fund, any strata litigation, and copies of the current budget and rules/bylaws. Often, the seller’s realtor will have obtained a Form B when listing the property. Ensure you have a relatively recent Form B and review it. Pay attention to any mention of special levies (approved or pending) – who pays them depends on the timing (if approved before closing, typically the seller pays any portion due before closing and the buyer pays portions due after, per Strata Property Act s.109) (Practice Checklists Manual – Residential Conveyance Procedure). Also note if the parking stall or storage locker is listed as common property, limited common property, or separate strata lot.
  • Strata Form F (Certificate of Payment): This is required for closing. A Form F is a certificate under the Strata Property Act that certifies all strata fees and money owed by the seller to the strata are paid (or states what is owing) – without it, the Land Title Office will not register a transfer of a strata lot. The seller (usually via their lawyer) must obtain Form F from the strata corporation within 60 days before closing. As the buyer’s conveyancer, you should insist on receiving a Form F from the seller’s side before or at closing. On the seller side, you’d request it from the strata management about a week or two before completion (there’s often a fee). Ensure the Form F is dated within 60 days of registration and shows a $0 balance owing (or only charges that will be paid from sale). You will submit this Form F to the LTSA with the transfer documents (The Conveyancing Process in BC: A Step by Step Guide) if you are registering the buyer’s title. (A faxed or scanned copy of Form F is acceptable for filing, no need for original in electronic filing).
  • Bylaws, Financials, Minutes: While not directly your responsibility to review for conveyancing, be aware if the contract made the deal subject to the buyer’s approval of strata documents. If you have them, ensure they were provided to the buyer. Any major info (e.g., an upcoming large levy or lawsuit) could affect the transaction – if discovered late, alert the lawyer.
  • Adjusting Strata Fees: Strata maintenance fees will be adjusted as of the adjustment date. Determine the monthly fee and whether the seller has prepaid for the month of completion. For example, if completion is mid-month and the seller has paid the full month’s strata fees, the buyer owes the seller the prorated portion from completion to month-end (and then will pay next month’s fee). Include this on the Statement of Adjustments.
  • Special Levies: If a special levy was approved before the adjustment date, the portion of the levy payable by each party is determined by law: the seller pays any installments due up to the date of closing, and the buyer pays installments due after closing (Practice Checklists Manual – Residential Conveyance Procedure). Clearly reflect this in the adjustments (and possibly in the contract addendum to avoid confusion). If a levy is proposed but not yet approved, it’s usually not adjusted – but the buyer should be aware they may bear it if it passes after closing. These scenarios can be complex; consult the lawyer for any ambiguity.

Managing strata documents is about ensuring strata financial matters are clear and the buyer is protected from any of the seller’s debts to the strata. Always obtain the Form F certificate and include any strata fee or levy adjustments in your statements (The Conveyancing Process in BC: A Step by Step Guide).

2.5 Mortgage Instructions and Discharge of Charges

In most purchase transactions, the buyer will be obtaining a new mortgage, and in most sales, the seller will have an existing mortgage or line of credit to discharge. Coordinating these is a major part of conveyancing.

  • Acting for the Buyer’s New Mortgage: If your law office is acting for the buyer, you often also act for their lender (most lenders do not send separate counsel for residential mortgages). Once the mortgage is approved, you should receive Mortgage Instructions from the lender or broker. These detail the lender’s requirements and the mortgage terms. Upon receipt:
    • Review Lender Conditions: The instructions will list conditions to funding. Common ones include: fire insurance on the property naming the lender as loss payee, title free of specified encumbrances (except the new mortgage and maybe existing easements), property transfer tax paid, and sometimes verification of the buyer’s down payment. Ensure you or the client can satisfy each condition by closing. For example, insurance – send the client a reminder to get an insurance binder for the new home effective on completion, with at least the minimum coverage the lender requires. Title insurance – some lenders require title insurance; if so, you’ll need to arrange a title insurance policy (or sometimes, a Western Law Society Conveyancing Protocol opinion letter could substitute if the lender accepts it).
    • Prepare Mortgage Documentation: Draft the Form B Mortgage (the standardized land title form for the mortgage charge). BC’s land title forms are now done via Web Filing – you will input the mortgage particulars (principal, interest rate, payment dates, term, etc.) online and generate a Form B for execution (Practice Checklists Manual – Residential Conveyance Procedure) (Practice Checklists Manual – Residential Conveyance Procedure). Additionally, lenders usually require the borrower to sign a Mortgage Commitment Letter or loan agreement, and various disclosure statements (e.g. about the cost of borrowing) (The Conveyancing Process in BC: A Step by Step Guide). These often come with the instructions. Prepare all these documents for the buyer’s signing appointment.
    • Explain and Sign: When meeting the buyer, explain each mortgage document in plain language before they sign (The Conveyancing Process in BC: A Step by Step Guide). For instance, confirm they understand the key mortgage terms: principal amount, interest rate, payment schedule, any pre-payment privileges or penalties, etc. Have them sign the Form B (you as a lawyer/notary will later sign as witness/officer when executing for land title) and all lender documents. Also have the buyer sign an authorization allowing you to pay out funds (direction to pay) according to the Statement of Adjustments. After signing, you will witness their signature on the Form B and then apply your digital signature when filing it, certifying you witnessed it (more on execution in the Regulatory section).
    • Trust Conditions with Lender: Most lenders fund the mortgage on the completion date (or day before) by wire or electronic transfer to your law firm’s trust account. They do so on trust conditions – essentially, you gave an undertaking to use the funds only for completing this purchase and related disbursements (PTT, fees) and to register the mortgage in first priority. Be absolutely sure priority requirements are met: no other new charges will sneak ahead of the mortgage. You ensure this by controlling the filing order at Land Title (transfer and new mortgage go together, mortgage will register right after transfer, meaning the mortgage is on the new title behind only the title transfer itself). After registration, you will send the lender a reporting package (usually required, including a copy of the registered mortgage, title showing their mortgage, insurance proof, and your solicitor’s final report).
  • Acting for the Seller’s Mortgage Discharge: If your client is the seller, or if you are handling the payout of the seller’s mortgage on a purchase, you must ensure the existing charges are discharged so the buyer gets clear title. Steps:
    • Request Payout Statements: Early on, ask the seller for information on any mortgages or lines of credit on title (lender name and account numbers). With the seller’s authorization, order payout statements from each lender. Banks often need a few days to produce these. The payout statement will give the exact amount required to pay the mortgage in full as of the completion date (including any interest, discharge fees, and prepayment penalties if applicable). Be mindful of interest daily accruals – if closing is delayed, amounts change.
    • Discharge Document: In BC, the standard release for charges is the Form C – Release, which, when signed by the lender and registered, removes the charge from title. Most institutional lenders (banks, credit unions) prepare and sign the Form C themselves upon receiving the payout – some send you the signed Form C to register, others will register it electronically on their end. If the lender sends you the discharge document, check it’s properly signed and dated. If it’s not going to arrive by closing, you will rely on undertakings that it will be provided after payout.
    • Undertakings for Discharges: It’s common that at the time of completion, the seller’s mortgage discharge is not yet in hand. In such cases, the buyer’s lawyer will hold back funds or act on undertakings: typically, the seller’s lawyer undertakes to pay the mortgage from sale proceeds and to obtain and register the discharge as soon as possible after closing. These undertakings are usually included in the lawyer’s trust letter exchange. As the conveyancer, diarize to follow up on any outstanding discharge after closing until you see it registered and a clear title.
    • Ensure Registration of Discharge: Once the mortgage is paid on completion, monitor for the discharge. If you are responsible to register it, submit the Form C Release via e-filing. After it’s registered, do a quick title search to confirm the mortgage is gone. If you mailed payout to a bank and they handle discharge, you’ll need to check back in a few weeks – if it’s not discharged in a reasonable time, chase the lender. Remember, the file isn’t fully complete until the seller’s charges are off title and the buyer has what they bargained for (clear title).
    • Reporting to Seller: If you act for the seller, include in your final report confirmation that their mortgage was paid in full and either is discharged or in process. Provide any surplus sale proceeds to the seller as per their direction only after all payouts are accounted for.
  • Other Liens/Charges: The seller may also need to discharge other encumbrances like a Assignment of Rents, Judgments, or Builders’ Liens. The process is similar: get payout or clearance letters and register releases. Builders’ liens, for instance, might need a holdback under the Builders Lien Act or a court order if not timed out. Judgment creditors might provide a registrable release once paid. Always handle these with care and ensure funds are allocated in statements to clear them.

By effectively managing mortgage instructions for the buyer and discharges for the seller, you ensure that on closing day money moves properly and the buyer’s new title is clean (The Conveyancing Process in BC: A Step by Step Guide) (The Conveyancing Process in BC: A Step by Step Guide). Never forget: the buyer’s lawyer must not disburse sale proceeds to the seller until they are assured that all prior charges will be discharged. This assurance comes from you dealing with these charges and providing the necessary undertakings or documents.

2.6 Statements of Adjustments and Funds Summary

The Statement of Adjustments is a financial summary that calculates the exact amount the buyer must pay and how those funds are distributed. Typically, there are two statements: one from the buyer’s perspective and one from the seller’s, which should mirror each other (except for minor differences like one shows debit vs credit). Preparing clear and accurate adjustments is vital.

  • Purpose: The Statement of Adjustments starts with the purchase price and then adds or subtracts various adjustments (prorated amounts for taxes, etc.) to determine the Balance Payable by the buyer on closing. It ensures each party pays their share of expenses up to the closing date. It also incorporates deposits and any other credits. Essentially, it answers: “How do we get from the contract purchase price to the final amount the buyer needs to bring to the table, and where does that money go?”
  • Format: Use your firm’s standard template. List the Purchase Price as a credit to the seller (debit to buyer). Then list adjustments. Common adjustments include (Practice Checklists Manual – Residential Conveyance Procedure):
    • Deposit: The initial deposit (held in trust, usually by the real estate brokerage) is credited to the buyer (they’ve already paid that portion) and correspondingly deducted from what the buyer owes the seller. E.g., “Less deposit paid: $X”.
    • Property Tax adjustment: If the seller prepaid taxes beyond the adjustment date, add “Property taxes (Jan 1 to [completion date]) – $Y” as a credit to seller. If not paid and the buyer will pay, instead credit the buyer for the portion seller owes. (See Section 2.3 for how to calculate.) Clearly label the period the adjustment covers.
    • Utilities adjustment: If applicable, adjust for any metered utilities, or things like pre-paid strata fees, rent, or propane in a tank. Often, property tax and sometimes municipal utilities (water/garbage) are adjusted. If a utility is billed annually or semi-annually and a portion falls into the other party’s ownership period, adjust similarly to taxes.
    • Strata fees: If a strata, adjust the monthly fee if needed (e.g., “Strata fees for [month] from [date] to [date]”).
    • Rent and Damage Deposit: If the property has a tenant and the buyer is taking over the tenancy, adjust for any rent paid for the period after closing (credit buyer) and transfer of security deposit. The security deposit plus interest should be given to the buyer, so you can reflect that as a credit to buyer/debit seller on the statement or handle it outside of adjustments via undertakings.
    • Seller Credits: Sometimes the seller agreed to pay a closing credit (e.g., $5,000 for repairs). That would appear as a credit to buyer (reducing amount buyer pays).
    • Appliance or Chattel Values: Generally not separately valued (included in price), but if any agreed price adjustment for included chattels (rare), note it. If any chattel is subject to sales tax (PST on, say, a high-value item like a modular home), account for it. Usually not an issue.
    • GST: Most used residential sales are GST-exempt. If GST does apply (new construction or substantially renovated homes, or a flip by a builder), the contract should state whether the price includes or is plus GST. If GST is payable in addition, add a line for GST on purchase price (5%) and typically it’s paid to the seller who remits to CRA. If GST is included, you might note “Purchase price includes GST” in the notes. For new homes where the buyer is claiming a GST New Housing Rebate, that’s usually handled by the builder – not usually on the conveyancer’s statement, except to ensure any net GST payable is included.
    • Property Transfer Tax is not part of adjustments between buyer/seller (it’s a tax paid to government by the buyer separately), so it does not appear on the statement of adjustments. It will, however, be on your Transaction Summary or Trust Reconciliation.
    • Legal Fees and Disbursements: These are not on the statement between buyer and seller. Each party pays their own lawyer separately. (Sometimes adjustments include an item for “Law Society Levy” or other odd charges by agreement, but that’s unusual).
  • Balance Calculation: After listing all debits and credits, calculate the Balance Payable by Buyer (on the buyer’s statement, this is what the buyer’s lawyer needs to come up with from the buyer and lender). On the seller’s statement, this would be Balance to be Received from Buyer. These should match. This amount, plus the deposit already paid, equals the purchase price plus/minus adjustments. Double-check the arithmetic and have a colleague review if possible. Ensure the statements balance – i.e., the buyer’s total credits equal the seller’s total debits and vice versa (Practice Checklists Manual – Residential Conveyance Procedure).
  • Statements for Both Sides: Prepare one statement for the buyer and one for the seller. They mirror each other but are presented from each perspective. The buyer’s statement starts with purchase price (a debit they owe) and subtracts the deposit and adds/subtracts adjustments to show what they still owe. The seller’s starts with purchase price (a credit to seller) and then shows deposit (which they already got via the brokerage, typically) and adjustments to show what they will actually receive on closing. In practice, often only one combined statement is made and shared, but it’s good form to do both for the file and client clarity.
  • Notes to Statements and Directions to Pay: It’s common to include “Notes” or “Schedule of Payments” below the adjustments. This section is important for clarity on how funds move. For example, notes may state: “The Balance Payable by the Buyer will be paid as follows: $____ to [Seller’s Lawyer] in trust on Completion Date, pursuant to Undertakings; $____ to City of __ for property tax arrears; $____ to [Strata Corp] for Form F and strata fee adjustment; remainder $____ to the Seller.” This basically is a direction to pay and ensures everyone is aware of how funds are disbursed (Practice Checklists Manual – Residential Conveyance Procedure). You might instead prepare a separate Lawyer’s Trust Letter detailing the payouts (especially on the seller’s side). For buyer’s side, if you are handling the mortgage, you will prepare a Trust Reconciliation or “In/Out” Statement that shows funds in (deposit, mortgage, buyer’s cash) and funds out (to seller’s lawyer, to pay PTT, to pay your fees, etc.) (Practice Checklists Manual – Residential Conveyance Procedure). This in/out statement is often internal, but some lawyers share it. It’s a good practice to ensure every dollar is accounted for.
  • Special Holdbacks: If there are any holdbacks required, list them either on the Statement of Adjustments or make clear in the notes. Common holdbacks:
    • Non-Resident Tax Holdback: If the seller is a non-resident of Canada, the buyer must hold back a portion of the sale price (typically 25% or more) until the seller provides a Clearance Certificate from CRA for capital gains tax. This is mandated by Income Tax Act s.116. If applicable, this holdback amount should be clearly noted (often as a note rather than an adjustment, since it’s not really an adjustment of price but a temporary withholding of funds). You might see a note: “$XX,XXX to be held in trust pending CRA Clearance Certificate due to non-resident seller” (Practice Checklists Manual – Residential Conveyance Procedure). Also ensure the seller signs a Statutory Declaration of Residency confirming whether they are resident or non-resident (Practice Checklists Manual – Residential Conveyance Procedure) – you will need that for the file (and if non-resident, you’ll follow the lawyer’s instructions on setting up the holdback in trust).
    • Builder’s Lien Holdback: If the property is newly built or renovated recently, consider a holdback under the Builders Lien Act (usually 10% of construction cost for 55 days) if required. New home sales usually handle this via the contract. Include any such holdback if needed (Practice Checklists Manual – Residential Conveyance Procedure).
    • Repair or Completion Holdback: Occasionally, buyer and seller agree to escrow some funds for post-closing repairs (e.g., seller to complete some work after closing). If your deal has that, clearly note the amount and conditions in the trust letter.
  • Review and Approval: Send draft Statements of Adjustments to the other lawyer a few days before closing for approval. Both sides must agree they are correct. This usually happens via email – you send your draft, they cross-check with their figures. If any discrepancy, resolve it. Common discrepancies might be a slight tax amount difference or a forgotten adjustment. Once agreed, each lawyer will have their client sign off or acknowledge them (clients often sign the adjustments at the signing appointment). Also have the client sign any direction to pay if your firm is disbursing funds on their behalf (e.g., seller directing you to pay the mortgage, real estate commission, etc., out of sale proceeds). The seller’s statement might list the deduction of commission payable to the realtor – though often commission is handled by the brokerage from the deposit, it depends on the region. If commissions are to be paid from proceeds, include them on the seller’s statement and get a written direction from the seller to pay the real estate brokerage trust account (Practice Checklists Manual – Residential Conveyance Procedure) (since the lawyer cannot pay a third party like the realtor without the seller’s consent).

By meticulously preparing the Statements of Adjustments with all proper credits and debits (Practice Checklists Manual – Residential Conveyance Procedure), you ensure that the financial settlement is correct down to the penny. This protects against disputes after closing. Both buyer and seller will appreciate a clear summary showing how you arrived at the final figures.

2.7 Closing Documents

Closing documents are the legal papers that actually effect the transfer of title and settlement of the transaction. By the time of completion, you will have prepared and assembled all necessary documents for signing. Below is a list of standard conveyancing documents in BC and how to handle them:

  • Form A – Freehold Transfer: This is the Land Title form that transfers ownership from the seller to the buyer. It is prepared by the buyer’s lawyer (or conveyancer) and must be signed by all seller(s) and witnessed by an authorized officer (lawyer, notary, or commissioner for oaths). With the advent of electronic filing, you will generate a Form A transfer via the LTSA Web Filing system (Practice Checklists Manual – Residential Conveyance Procedure) (Practice Checklists Manual – Residential Conveyance Procedure). Input the names of sellers (as they appear on title) and buyers (ensure correct spelling and full names, and if multiple buyers, specify joint tenancy vs tenants-in-common split if instructed). Also input the legal description and parcel identifier, and the consideration (price paid). Once you complete the web form, print an Execution Copy for signature. Each seller will sign in the presence of a lawyer/notary who will complete the witness section (officer certification) on the form. Ensure the Form A is dated and signed in ink, with the witnessing officer’s full name, address and capacity stated (Practice Checklists Manual – Residential Conveyance Procedure). After execution, you (as the submitting lawyer) will digitally sign the electronic form to certify you have the signed original (Practice Checklists Manual – Residential Conveyance Procedure). The Form A is then ready to register on the completion date.
    • Tip: Double-check the “tenancy” of the new owners on the Form A. If the buyers are a married couple, joint tenancy is common (so that if one dies, the other gets title by survivorship). If the contract doesn’t specify, clarify with the buyer. If tenants-in-common, ensure the exact shares (e.g., 50/50 or otherwise) are indicated. For any unusual scenarios like a name change (seller’s ID vs title name), have the seller sign exactly as on title and possibly prepare an affidavit of identity if needed.
  • Form B – Mortgage: If the buyer is mortgaging the property, the Form B is the charge that will be registered against the buyer’s new title in favor of the lender. It is prepared via Web Filing similar to Form A. You’ll need all the mortgage particulars from the lender’s instructions (interest rate, term, payment dates, legal name of lender, etc.). After generating the Form B execution copy, it is signed by the borrower (buyer) and witnessed by you (or another officer) at the signing appointment (The Conveyancing Process in BC: A Step by Step Guide). Ensure all borrowers sign and your officer section is complete. You will digitally sign it for submission. Note: You do not need the lender’s signature on a Form B; the borrower’s signature and lawyer’s certification suffice for Land Title registration. Also, attach or input any relevant Standard Mortgage Terms filing number or special terms – most banks have filed standard terms (a number like MT####) that you reference rather than attaching dozens of pages. If there are any custom terms or schedules (sometimes for private lenders), those must be attached as an electronic attachment in filing.
  • Property Transfer Tax (PTT) Return: The buyer must pay BC’s Property Transfer Tax (unless exempt) when the transfer is registered. As of 2020, PTT returns are filed electronically via the web-based system – paper PTT forms are no longer accepted (Practice Checklists Manual – Residential Conveyance Procedure). Through your LTSA portal, you will complete the PTT web form (usually integrated into the package when submitting the transfer) and it will calculate the tax. The PTT return will include details like the full names of the transferees, citizenship (for additional 20% foreign buyer tax, if any), the purchase price (fair market value), and any claimed exemptions (first-time homebuyer, newly built home, family transfer, etc.).
    • Filing and Payment: The PTT web form gets submitted at closing, and the payment is made electronically (the Land Title system will debit your firm’s BC OnLine account or trust account for the tax) when the transfer is lodged (Practice Checklists Manual – Residential Conveyance Procedure) (Practice Checklists Manual – Residential Conveyance Procedure). Ensure you have the funds for PTT in trust from the buyer (often covered by the mortgage advance or buyer’s certified cheque). The buyer should sign the PTT form (there’s a place for their signature on the old paper form; with web filing, have them sign an acknowledgement of the information). Common exemptions, like First Time Home Buyer, require the buyer to qualify – you’ll input their information and the system will apply the exemption if eligible. Always double-check the math: standard PTT is 1% on first $200k, 2% on $200k–$2M, 3% on $2M–$3M, and 5% on any value over $3M (and additional foreign buyer tax in certain regions if applicable). Confirm with the client if they qualify for any exemption. Keep a copy of the filed return for your records.
  • GST Certificate: If GST applies to the transaction (e.g., sale of a new home or a substantially renovated home by a builder, or commercial portion in a live/work unit), and the buyer is not a GST registrant, then typically the seller collects GST. The seller’s lawyer often prepares a simple “GST Certificate” for the seller to sign, confirming whether GST is payable and if it has been collected. Often it states the transaction is GST-exempt (if used residential) or, if GST is payable, that it is either included in the price or will be remitted. For a used residential sale, you may prepare a certificate confirming the sale is exempt from GST and have the seller sign it. If GST is being paid, ensure the payment method (usually added to the purchase price or stated as included) is clear. This document is mostly for file records and for the buyer’s comfort that no further GST will be claimed. On new builds, the developer’s notary usually handles the statement of GST.
  • Seller’s Statutory Declaration of Residency: The seller should sign a statutory declaration regarding their residency status for Canadian tax purposes (Practice Checklists Manual – Residential Conveyance Procedure). This is required because of the Income Tax Act – if a seller is a non-resident, the buyer must hold back funds for potential capital gains tax. The declaration usually says “I am not a non-resident of Canada within the meaning of s.116 of the ITA” (which means they are a Canadian resident). If the seller is a non-resident, the declaration will state that and acknowledge the holdback. Ensure this declaration is signed in front of a commissioner (lawyer or notary usually) and keep it on file. It protects the buyer from liability for the seller’s taxes by documenting the seller’s status. If non-resident, you as buyer’s lawyer will definitely institute the required holdback (often around 25% of the sale price, or as advised by the seller’s clearance certificate from CRA) (Practice Checklists Manual – Residential Conveyance Procedure).
  • Undertakings / Direction to Pay Letters: Although not Land Title forms, the trust letter or undertakings letter exchanged between lawyers is a critical closing document. Typically, the buyer’s lawyer will send a letter with the closing package of documents to the seller’s lawyer stating: “We enclose the Form A Transfer and bank draft for $X in trust. Our undertakings are: to register the Transfer (and Mortgage) by the Completion Date; not to release the sale proceeds to the seller until title is in the buyer’s name free of financial encumbrances; to provide the seller’s lawyer with copies of the new title, etc.” The seller’s lawyer in return undertakes to: “hold the funds in trust, only release to seller when you have fulfilled your undertakings; to pay out the seller’s mortgage and provide discharge; to provide keys on possession; etc.” These standard undertakings have been developed by the BC Law Society and Canadian Bar Association and recently updated for electronic funds transfer scenarios (Practice Checklists Manual – Residential Conveyance Procedure). As a conveyancer, you may draft these letters for lawyer review. It’s crucial that the undertakings cover all points necessary to protect both sides. Once agreed, both sides are legally bound to them – failing an undertaking is professional misconduct. Common undertakings include the seller’s lawyer promising to courier the signed transfer back and the buyer’s lawyer promising not to register it until the completion date and upon doing so to immediately pay the funds. Always follow the exact wording your firm prefers or the standard template. If funds are to be sent electronically, undertakings might reference that instead of a bank draft.
  • Miscellaneous Documents: Depending on the deal, there may be additional documents:
    • Insurance Binder: Not a legal document you prepare, but ensure the buyer provides an insurance confirmation if required (especially if there’s a mortgage). You might need to send a copy to the lender.
    • Title Insurance Policy: If the lender or buyer is getting title insurance, you’ll arrange for the policy and have the buyer sign the application/acknowledgment. The policy itself is issued by the insurer, but keep proof of it.
    • Disclosure Forms: If the property is a new development unit, there might be a Disclosure Statement receipt (for a strata developer disclosure) the buyer should sign – usually handled earlier with the contract.
    • Keys Receipt: Sometimes prepared on the seller’s side – an acknowledgment of when keys were released. Often handled informally by realtors instead.
    • Adjustment Acknowledgment: Both parties usually sign the Statement of Adjustments to approve it.
    • Law Society Forms: If your firm uses the Law Society’s Practice Checklist, you might have internal forms (client ID form, trust accounting forms) – ensure those are complete for compliance but they aren’t part of the closing package exchange.
  • Execution of Documents: Arrange for the signing appointment well in advance of completion (typically 1-3 days before closing for the buyer; the seller often signs a bit earlier to get docs back to buyer’s lawyer). During the appointment, explain each document and its effect before the client signs (The Conveyancing Process in BC: A Step by Step Guide). For example, walk the seller through the Form A transfer (it transfers their ownership) and the significance of the residency declaration. Walk the buyer through the mortgage and transfer, emphasizing they are taking on a legal charge. This not only educates the client but also helps prevent mistakes (like a client noticing their name spelled incorrectly, etc., which you can then fix). After signing, witness the signatures properly (see Regulatory Compliance section for detailed execution requirements). Ensure you have copies of everyone’s government-issued photo ID from the signing session, as required by Law Society rules when executing land title documents (Practice Checklists Manual – Residential Conveyance Procedure).
    • For remote clients: If a party cannot sign in your presence (e.g., out of town seller), you may need to arrange a signing with a notary public or lawyer in that location, or utilize remote signing provisions (which exist under certain conditions, especially after COVID-19 – the LTSA bulletins allow for video witnessing with special procedures). Always follow the proper procedure for out-of-office signings (witness must attest to identity and oath if needed).

Once all documents are signed and assembled, you will be ready to exchange the closing package with the other side and proceed to completion (filing and funds transfer). Keeping the documents well-organized (a checklist helps) and double-checked (names, dates, signatures) will avoid last-minute scrambles. A properly prepared set of closing documents is the conveyancer’s pride – it means a seamless closing is within reach.

3. Communication with Third Parties

Conveyancing is a team effort that extends beyond just you and your client. You must liaise with several third parties – real estate agents, mortgage brokers or banks, the Land Title Office, municipalities, and sometimes strata managers or others – to gather information and coordinate the closing. Effective and timely communication with these parties is crucial.

3.1 Liaising with Realtors

Realtors (real estate agents) are often the first point of contact in a transaction and remain involved up to possession. Building a good working relationship with the realtors involved can smooth out many issues. Key interaction points include:

  • Contract and Documents: Realtors usually provide the signed Contract of Purchase and Sale to the lawyers once subjects are removed. If you haven’t received it soon after being retained, follow up with the realtor to send it. Also request from realtors any Property Disclosure Statement or amendments/addenda. Often, each office (listing and selling agent) will have a copy; ensure you get the final fully executed version (Practice Checklists Manual – Residential Conveyance Procedure). Realtors can also supply the MLS listing sheet and feature sheet if needed (helpful for verifying things like inclusions or if a legal suite was advertised – though not a legal document).
  • Amendments Coordination: If any changes to the deal arise (extension of dates, changes to purchase price, repairs credit, etc.), usually the realtors negotiate these and prepare an addendum for signature. Maintain open communication with the realtors so you’re not last to know about any changes. For example, if the buyer and seller agree to push the completion date, often it’s communicated via the agents – ensure they promptly send you the written amendment to avoid you preparing documents with the wrong date.
  • Possession Arrangements: Possession (key exchange) is typically handled by the realtors on the possession date (often noon the day after completion, as stated in the contract). However, they take direction from the lawyers that the deal has closed. Once title has transferred and funds are released, promptly inform the realtors so they can release keys to the buyer (The Conveyancing Process in BC: A Step by Step Guide). Usually, the buyer picks up keys from the listing agent’s office. If there’s a last-minute delay on closing day, let the realtors know as early as possible so they can adjust key exchange timing and manage the clients’ expectations about moving.
  • Realtor Commission: The contract usually provides that the real estate commission will be paid from the brokerage’s trust account (funded by the deposit). Standard practice in BC is the listing brokerage holds the deposit and pays out the commission to both listing and buyer’s brokerages after completion. However, in some cases, if the deposit was insufficient or otherwise arranged, the commission might need to be paid from sale proceeds. Realtors may send a separate commission statement/invoice to the lawyers if they expect payment through conveyancing. If you receive such, verify it against the contract and make sure the seller understands this will be deducted. You would then include it in the seller’s adjustments or undertakings, paying the brokerage from the sale proceeds based on the seller’s direction. Always clarify with the listing realtor how commission is being handled.
  • Information Source: Realtors can be a great source of practical information. For instance, if you need the PID or legal description and Land Title hasn’t yet updated (for new subdivisions, etc.), the realtor often has the details. They might also know if a property was recently surveyed or if there are any unregistered agreements (like tenancy agreements or unregistered easements) you should know. Don’t hesitate to ask if something is unclear.
  • Professionalism: Keep communications with realtors professional and responsive. They are also juggling client expectations and will appreciate timely updates. For example, a quick email to both realtors on completion day: “Funds have been transferred and title is registered – keys can be released to the buyer” is extremely helpful and part of good service. Conversely, if an unexpected issue arises (like a short delay in registration), letting the realtors know allows them to calm the clients or adjust moving arrangements. Realtors often don’t understand the technical legal steps, so explain in simple terms (“We encountered a slight delay with the bank funds, but expect to complete later today – I’ll keep you posted”). This collaboration prevents panic and maintains everyone’s trust.

Remember that while the lawyers/conveyancers handle the legal closure, realtors handle the client hand-holding on moving logistics – working together ensures the clients have a smooth experience end-to-end.

(House Keys Photos, Download The BEST Free House Keys Stock Photos & HD Images) Realtors coordinate the handover of keys once you confirm closing is complete (The Conveyancing Process in BC: A Step by Step Guide). Keeping agents informed of any closing-day developments ensures a seamless possession for the buyer.

3.2 Communication with Mortgage Brokers and Lenders

In most purchases, there is a mortgage broker or bank involved in providing financing to the buyer. For sales, you’ll interact with the seller’s existing lender to discharge mortgages. Key points of communication:

  • Receiving Mortgage Instructions: If a mortgage broker is involved, they often act as an intermediary between the lender and the borrower. The broker may inform you that you’ve been selected as the borrower’s lawyer and that instructions will arrive from the lender’s funding department. If you don’t see mortgage instructions by a couple of weeks before closing, follow up with the broker to ensure all is on track. Brokers can sometimes expedite or check on the status with the lender. Once instructions arrive, acknowledge receipt to the lender or broker and outline any issues (e.g., if the lender asks for something unusual, you might clarify via the broker).
  • Clarifying Lender Requirements: If anything in the lender’s instructions is unclear (for example, the lender wants a weird assurance or a document you don’t have), reach out. Often the instructions include a contact name/number for the lender’s lawyer support or funding officer. For instance, if the lender expects the borrower to sign a document you didn’t receive, ask for it. Or if the legal description changed (common with new subdivisions), advise the lender to amend their docs. Prompt communication with the lender’s rep can prevent funding delays. Keep the broker in the loop on major issues, as they are invested in seeing the loan funded.
  • Reporting to Lender/Broker: After the signing, if the lender requires copies of signed documents or insurance before funding, send those as soon as possible. Many lenders want a package 3-5 days before closing. The broker might remind you of these as well. On funding day, if the money is not received by the expected time, contact the lender’s funding department immediately. Mortgage funds typically arrive by wire or electronic transfer early on the completion day (or the afternoon before). If it’s past noon and no funds, escalate – sometimes an admin step was missed and a quick call can release the funds. Keep the client’s broker informed if a funding issue arises, as they can also prod the lender from their end.
  • Seller’s Lender (Payout and Discharge): For the seller’s mortgage, communication is with the lender’s payout department. When you request a payout statement, provide them all info (mortgage number, property, borrowers’ names) and your fax or email. Some big banks have online portals for lawyers to request discharges (e.g., Scotiabank’s INFOlink, RBC’s CMS portal). Use those if available as they track requests. If a week goes by and no payout statement, call the lender’s lawyer hotline to chase it. Leading up to closing, you might need to confirm with the lender how to send funds (EFT details or cheque payable instructions) and where the executed discharge will go. Many banks now accept wire or electronic payment and will auto-discharge electronically, which can be faster. Ask when in doubt: “Will you be registering the discharge, or should we expect a Form C?” After payout, if the discharge doesn’t show up, follow up until resolved. Document your communications with lenders in case of later questions (e.g., which rep said they’d courier the discharge, etc.).
  • Conflict of Interest – Acting for Both: Note that in BC, a lawyer can usually act for both the borrower and the lender on a residential mortgage (common practice), as their interests are generally aligned, but must be mindful of any conflicts (Navigating the Conveyancing Process in British Columbia – Northam Law Corporation). You, as conveyancer, just need to ensure all lender’s instructions are met while still protecting the buyer’s interest. If there’s ever a conflict (e.g., something on title the lender doesn’t like but the buyer still wants the deal), escalate to the lawyer for guidance on how to handle the dual role or if separate counsel needed.
  • Private Lenders: If the mortgage is from a private individual or a second mortgage scenario, communications might be with another lawyer representing that lender. In that case, treat that lawyer similar to how you treat the opposing lawyer – ensure documents are exchanged safely. They might send you the mortgage form to have your client sign, or they might want to register it themselves. Clarify roles early to avoid duplication.

In short, be proactive and responsive with all lenders and brokers. For the buyer’s new loan, ensure nothing holds up funding by addressing requirements early (Navigating the Conveyancing Process in British Columbia – Northam Law Corporation). For the seller’s loans, get payoff letters and confirm discharges. A lot of closing day stress comes from “Where are the funds?” or “Has the mortgage been paid?” – your clear communication with banks and brokers will minimize these issues.

3.3 Working with the Land Title Office (LTSA)

The Land Title and Survey Authority (LTSA) is where the rubber meets the road – the transfer and mortgage are registered here to complete the transaction. Communication with LTSA is mostly via its electronic systems, but understanding how to interact with it is key:

  • Using myLTSA and Web Filing: As a registered user (through your firm’s account), you’ll use the Electronic Filing System (EFS) via myLTSA to submit documents. Since September 2021, Form A, Form B, Form C, and other land title forms must be filed electronically via Web Filing (Practice Checklists Manual – Residential Conveyance Procedure). You will fill out forms on the web interface and attach any needed PDF scans (like a paper affidavit of execution if any, or strata Form F). Once everything is signed and ready, you create a Package in myLTSA which can contain multiple instruments (e.g., the transfer, new mortgage, discharge, Form F, all in one package).
    • Concurrent Registration: Generally, the transfer and any new mortgage should be submitted together in one package so they register concurrently (with the transfer as the first item, mortgage second). If you are also registering a Form F (strata certificate) or other supporting documents, include them as required (the Form F is filed with the transfer, and must be dated within 60 days). Use the “Hold” or timed release feature if you need to queue submission at a specific time (rarely needed, but for synchronized closings you might). Normally, you will just submit the package on the morning of completion once you have received the go-ahead (money in trust, signed docs from seller, etc.).
    • Digital Signature: To submit, the lawyer must apply their Juricert digital signature to each instrument. This cryptographic signature is unique and password-protected. Never share the digital certificate password or token with anyone – Law Society rules strictly prohibit letting support staff use a lawyer’s signing credentials (Practice Checklists Manual – Residential Conveyance Procedure). The lawyer will have to log in and sign. This signature certifies to the LTSA that the lawyer has the original signed paper documents in their possession (Practice Checklists Manual – Residential Conveyance Procedure). It’s the modern equivalent of presenting the signed forms in person. Make sure the execution copy the clients signed is identical to what you file (Web Filing will put a timestamp on the execution copy to tie it to the electronic version) (Practice Checklists Manual – Residential Conveyance Procedure). If any last-minute changes were needed after signing, the proper approach is to amend the Web Filing form (which generates a new execution copy) and have the change acknowledged by the signatories before signing digitally (Practice Checklists Manual – Residential Conveyance Procedure). Minor typos can sometimes be corrected by a lawyer’s affidavit, but avoid that if possible by double-checking beforehand.
    • Submission and Pending Registration: Once submitted, the package will be assigned a Pending Application number (e.g., “CA########”). The registration usually occurs within minutes if there are no errors, but it could take hours if the system is busy or if the application is flagged for review. LTSA operates essentially in real-time order of submission (conveyancers often submit at 8:00–9:00 am on completion day to secure their spot). You can monitor the status online. If it remains pending for a long time, and the day is ending, you might call the LTSA help line to inquire (though typically it goes through same day for standard deals).
    • Pre-search and Post-search: It’s a good practice to do a pre-registration title search on the morning of completion (after the last search you did at document prep) to ensure no new charges have shown up (like a surprise judgment filed last-minute) (Practice Checklists Manual – Residential Conveyance Procedure). If something did appear, you must address it before closing (e.g., have seller deal with it). After you submit and get registration confirmation, do a post-registration search to confirm the new title shows the buyer as owner and only the intended charges (e.g., the new mortgage) (Navigating the Conveyancing Process in British Columbia – Northam Law Corporation). Then obtain a State of Title Certificate if needed (especially if requested by client or lender) (The Conveyancing Process in BC: A Step by Step Guide). The post-search ensures nothing slipped in between (the LTSA actually protects against anything registering in between if you submitted concurrently, but it’s good practice to confirm).
  • LTSA Communication and Support: Direct communication with LTSA staff is limited but available:
    • If an application has a defect, the LTSA examiner will contact the submitting lawyer (usually by phone or through an “Examiner’s Notice” in the system) to inform what’s wrong. Common defects might be a missing signature, wrong execution date, or problem with an attached document (e.g., unreadable ID, etc.). If you get such notice, respond promptly – often you can correct and re-submit the same day. Sometimes they allow a quick fix (like fax in a clearer copy). If not fixed, the application might be rejected, meaning you’d have to re-submit (and potentially lose priority). Therefore, always try to resolve defects immediately by working with the examiner. You can call the number provided in the notice to discuss the issue with the examiner – they are generally helpful in explaining what they need.
    • For general inquiries or technical issues, the LTSA has a support line. For example, if the electronic system is down or if a submission is urgent (end of day nearing and something is stuck), call them. They can sometimes prioritize genuine urgent cases or at least give guidance. In exceptional cases (like system outages), they have protocols (like paper filing or priority numbers) – usually not needed.
    • If you need guidance on an unusual registration (like an estate transmission or an error on a prior title), consider calling the LTSA or searching their online help resources. The LTSA Practice Manual and bulletins are very useful for tricky situations ([PDF] land title practice manual excerpt from part 5). As a conveyancer, stick to the routine freehold transfers – anything complex, involve the lawyer directly.
  • Land Owner Transparency Registry (LOTR): Note: As of late 2020, BC has a requirement to file a transparency declaration for every transfer to a corporate or trustee owner (and sometimes even individuals) as part of the Land Owner Transparency Act. This is a separate filing through myLTSA where the transferee declares if there are any beneficial owners or interest holders. Usually, for individuals buying for themselves, it’s a simple declaration of “no interest holders”. If your purchaser is an entity (corporation, partnership, trust), a transparency report must be filed. Ensure this is handled (likely by the lawyer) concurrently with the transfer. The LOTR filing doesn’t affect registration of the transfer, but it’s a legal requirement with penalties if not done. Be aware and raise it if applicable.

In summary, treat the LTSA system with respect and diligence. E-filing is efficient but unforgiving of mistakes, so double-check details and follow the protocols (Practice Checklists Manual – Residential Conveyance Procedure). Keep your digital certificate secure. And always confirm that the outcome – a properly registered title – is achieved, as that is the end goal of all your work.

3.4 Dealing with Municipal Authorities

Conveyancers interact with municipal offices mainly for property tax and utility information, but occasionally other requirements:

  • Tax Department: As covered in Section 2.3, you will often request a tax certificate or at least get tax amounts from the city. Ensure you contact the correct municipality (check the property address – sometimes the mailing city differs from jurisdiction). Provide the roll number or property address to get the info. Many municipalities in BC allow lawyers to pay property taxes directly if needed (via cheque or online). If part of the sale proceeds is to be used to pay outstanding taxes, you might courier a cheque to the city on completion or pay online through BC Online. Always confirm the payee name (usually “City of ___”). After payment, keep the receipt to prove taxes were cleared (in case of any later inquiry). In some cases, the buyer’s notary/lawyer will take responsibility to pay the taxes from seller’s proceeds, which should be reflected in undertakings.
  • Utilities: Some cities bill certain utilities (water, sewer, garbage) with property taxes or separately. Determine what needs adjusting. If the city provides a utilities balance or separate certificate, get that. If something like a local improvement levy is ongoing (e.g. annual charge for road improvements on the tax bill), usually it stays with the property – adjust it like a tax. Final metered utilities (e.g., water meter or hydro) are often done by the parties outside of conveyancing (e.g., seller provides final readings). But if asked, you might contact the utility department for a final reading on or just before possession. Generally, BC Hydro and Fortis (power/gas) are handled by seller/buyer directly calling to open/close accounts – they are not usually in the lawyer’s domain. Municipal utilities, if not metered, you adjust flat amounts. If metered (like quarterly water bills), sometimes the safest is to have the seller pay the upcoming bill and adjust like taxes if needed.
  • Building or Fire Department: Rarely, a condition of sale might be to obtain some certificate like a fire retrofit certificate or confirm no outstanding work orders on the property. In standard practice, the conveyancer doesn’t routinely search for open permits or bylaw violations (that is usually buyer’s due diligence pre-subject removal). However, if the contract specifies or if the buyer has concerns and asks, one might call the city’s building department to see if any open building permits or bylaw issues exist. (Lawyers aren’t generally required to do this, but it can be done for peace of mind – some law firms have a policy of not doing it to limit scope). If you do, document that you did and what was said (since it’s not a guaranteed result).
  • Regional Districts: If the property is outside a municipality, taxes may be collected by the province (rural property tax, usually via Surveyor of Taxes). You can search those on BC Online as well. Adjust similarly.
  • Compliance Letters: Sometimes, especially in commercial or specialty deals, lawyers request a “City Compliance Letter” (on issues like zoning, etc.). For a typical residential deal, this is not common. If your lawyer asks for one, you’d write to the city and request it (often for a fee and takes time). Not usually needed unless something specific is at play.
  • Local Taxes or Levies: Keep an eye out for any mention of things like the Speculation and Vacancy Tax (provincial) or Empty Homes Tax (Vancouver) in the transaction. These are personal taxes on owners, not directly a lien on property, but sometimes buyers want assurance the seller has paid any such taxes up to date. The seller may provide a separate declaration about those (indeed the Law Society checklist suggests obtaining a Stat Dec from seller if in Vancouver about vacancy tax (Practice Checklists Manual – Residential Conveyance Procedure)). If applicable, ensure the seller’s compliance to avoid the buyer inheriting a mess.
  • Pre-Closing Search of Title via Municipality: Note that in BC, municipalities do not register their own liens for unpaid utilities in the Land Title Office (except bylaws or written notices in some cases). So, you must rely on getting the info from the city. A conveyancer should ensure no outstanding amounts to the city that could become the buyer’s problem. Cities typically will chase the seller for unpaid utilities (or transfer to taxes). Unpaid property taxes definitely stay with the land (hence must be paid).

In summary, your municipal communications revolve around getting accurate tax and utility figures and ensuring any liens or obligations involving the city are handled. Be courteous and clear when dealing with city staff – provide roll numbers, etc., to get quick answers. While the city is not a party to the deal, clearing municipal charges is essential to deliver clear title and avoid the buyer inheriting debts. By diligently coordinating with tax offices and others, you protect your client and fulfill a key part of the conveyance process.

4. Regulatory Compliance and Best Practices

As a conveyancer, you must adhere to legal and ethical standards set by the Law Society of BC, BC’s land title legislation, and other regulatory bodies. Compliance is not just about avoiding liability; it ensures the integrity of the transaction. Here we cover major compliance areas and best practices:

4.1 Law Society Rules: Client ID, Funds, and Conflicts

  • Client Identification & Verification: Law Society Rules (Part 3, Division 11) require lawyers (and by extension their staff) to properly identify and verify the identity of clients in financial transactions. For every conveyance file, ensure the Client ID and Verification form is completed (Practice Checklists Manual – Residential Conveyance Procedure). This means recording full legal names, addresses, and occupation for each client, and verifying with government photo ID for clients you meet (for non-face-to-face or corporate clients, additional verification like certificates or registry searches are needed). Also, inquire about the source of funds for the purchase (Practice Checklists Manual – Residential Conveyance Procedure) – e.g., is it savings, a gift, proceeds from another property sale? Lawyers must take measures to prevent being used for money laundering. Large cash payments are a red flag (most funds should come via banks). If anything is suspicious (client can’t adequately explain source of a huge deposit, etc.), flag it to the lawyer. Keep copies of all identification in the file as required. These steps are mandated by Law Society and federal FINTRAC regulations to combat fraud and money laundering in real estate (Practice Checklists Manual – Residential Conveyance Procedure).
  • Trust Funds Handling: If you receive or handle trust funds (deposits, closing funds), follow the Law Society’s trust accounting rules to the letter. That means issuing receipts, recording every transfer, and disbursing only as instructed and when conditions are met. For example, do not release sale proceeds to the seller until title is registered in the buyer’s name and any undertakings for clearing charges are satisfied. Likewise, lender funds held in trust must be used only for that transaction’s purposes. Keep a detailed trust reconciliation (in/out) statement for the file showing how funds were allocated (Practice Checklists Manual – Residential Conveyance Procedure). After closing, any unused trust money (like an overpayment by client) should be promptly returned or accounted for. Mismanaging trust funds can lead to serious discipline, so consult the supervising lawyer if unsure about any disbursement.
  • Conflict of Interest: Be mindful of situations where conflicts can arise. The BC Code of Professional Conduct restricts lawyers from acting for both parties in a real estate deal except in limited circumstances (usually only if it’s a simple transfer where buyer and seller are related and both are informed, etc.). In the majority of sales, each side has separate counsel. Never give advice to the other side’s client – e.g., if you act for the buyer and the unrepresented seller asks you for help, you must refrain (and ideally the seller should get independent legal advice). If a seller is unrepresented, the lawyer must follow special rules and send letters confirming they only act for the buyer (Practice Checklists Manual – Residential Conveyance Procedure). Also common: acting for both the buyer and their lender (two clients). This is generally permitted as their interests align (both want clear title with the lender’s charge registered), but if any divergence arises (say the buyer wants to close despite a condition not met that the lender wouldn’t allow), the lawyer might have to step away for one party. Another scenario is acting for multiple buyers or sellers – ensure their interests are aligned (e.g., a couple – usually fine; but if there is any hint of disagreement, alert the lawyer). Always flag potential conflicts early so the lawyer can decide if the firm can act for all involved or needs consents as per BC Code. The Law Society checklists and BC Code Appendix C commentary provide guidance here (Practice Checklists Manual – Residential Conveyance Procedure).

4.2 Proper Execution of Documents

Ensuring that all documents are properly executed (signed, witnessed, dated) is a core responsibility. The Land Title Act has strict requirements for execution of instruments that will be registered, and improper execution is a top cause of registration defects. Follow these best practices:

  • Use Authorized Witnesses (Officers): In BC, certain persons can take the acknowledgment of signatures on land title documents – notably lawyers, notaries public, and commissioners authorized by the Land Title Act (among others). When your client signs the Form A transfer or Form B mortgage, they must be witnessed by an authorized officer who then completes the certification on the form. Typically, the lawyer or notary handling the signing will do this (you as a conveyancer might also be a notary public or commissioner – if so, you can witness). Avoid using just any witness; if an unauthorized person witnesses, you would need a full Affidavit of Execution which is a hassle and delay (Practice Checklists Manual – Residential Conveyance Procedure). Always include the officer’s full name, address, and capacity (lawyer, notary, etc.) in the certification portion (Practice Checklists Manual – Residential Conveyance Procedure). If the signing is done out-of-province, make sure the witness is a Notary or Lawyer in that jurisdiction and has their seal, and that they append the proper form of affidavit if required (some jurisdictions aren’t reciprocally recognized – check Land Title Act Part 5 for out-of-province signatory rules).
  • Signing in Dark Ink & No Blanks: Land Title Office scans documents, so use dark blue or black ink for signatures (Practice Checklists Manual – Residential Conveyance Procedure). Ensure no blanks are left in any fields (fill “N/A” or strike through inapplicable areas). Also, all changes or interlineations on a document must be initialed by all signers and the witness. The registrar will reject forms with un-initialed alterations. It’s better to have a clean reprint and resign than to have messy changes.
  • Dates and Correct Names: Double-check execution dates. Usually, the transfer is dated the day of signing (which can be before the completion date – that’s fine). Mortgages often are dated when signed too. Ensure the names on signature lines exactly match the names on the first page of the document and the ID. For example, if the form says “Jonathan Q. Public” and the client signs “John Q. Public,” that could be an issue. Advise them to sign consistently with their name as written (or adjust the form if it’s a minor difference like a nickname – but ideally use full legal name everywhere).
  • Corporations and Attorney Signings: If a party is a corporation, ensure the person signing has authority (director/officer) and signs with their title. The Land Title forms require either an officer to witness or, if not witnessed by authorized officer, then a supporting affidavit. For a corporation, the officer (witness) should also print the signatory’s name and confirm their authority (e.g., John Smith, President of ABC Co.) (Practice Checklists Manual – Residential Conveyance Procedure). If a person is signing under a Power of Attorney, that POA must have been deposited in the Land Title Office (get its registration number to reference) and still valid. The attorney signs “[Name] as attorney for [Owner]”. You’ll need to follow LTA rules for that – often safer to have a lawyer witness those and include a statement the POA is in effect.
  • Affidavit of Execution if Needed: In the rare case someone signed without an authorized witness (say a seller abroad who just used a random witness), you must obtain an Affidavit of Execution from that witness and attach it to the instrument. The affidavit must attest that the witness saw the person sign. This is extra work and must comply with Land Title Act requirements, so try to avoid getting into this situation. Use recognized officers whenever possible to leverage the officer’s certification which Land Title Act sections 42-48 provide – it’s effectively the witness’s guarantee so you don’t need an affidavit (Practice Checklists Manual – Residential Conveyance Procedure).
  • Digital Execution vs Wet Signatures: Note that BC Land Title still fundamentally relies on wet-ink signatures for the parties, with the lawyer’s digital signature for submission. There is an allowance (during COVID) for remote signing via video but one still needs to print, sign, scan, etc., with the lawyer later affixing a digital cert. You cannot e-sign (DocuSign) a transfer that will be registered – electronic signatures of parties are not accepted except in very narrow signing officer contexts. So always get actual signatures on paper (or a true copy print-out that was signed then scanned back). The digital certificate (Juricert) is only for lawyers to sign as submitter, not for the clients.
  • Document Retention: After closing, you must retain the originally signed documents (Form A, etc.) or true copies as required by the Law Society. They can be called upon to prove the signature if ever challenged. Keep these in the closed file per your firm’s retention policy (usually 10+ years). Also, maintain evidence of identity used for execution (copy of IDs) as per Law Society rules.

Proper execution is a detail-oriented task – but it’s one where a small mistake can derail the registration. Develop a habit of triple-checking each signature page: are all signatures present? Witnessed correctly with name and date? All initials where needed? Doing so will virtually eliminate registration rejections on execution grounds (Practice Checklists Manual – Residential Conveyance Procedure).

4.3 E-Filing Security and Law Society Protocols

Electronic filing has its own set of security and compliance requirements:

  • Digital Signature Security: As mentioned, the lawyer’s Juricert digital signature is personal and must be kept secure. The Law Society explicitly forbids sharing the digital certificate or password with staff (Practice Checklists Manual – Residential Conveyance Procedure). This means the lawyer must personally log in and sign the forms. As a conveyancer, you can prepare everything in the LTSA package, but the lawyer will enter their password to sign. Make sure your workflow accommodates this – e.g., have the documents ready in advance so the lawyer isn’t hurried when signing. If a lawyer is away, they should not give you their token – plan ahead for another signing lawyer if needed. Breach of this rule can lead to disciplinary action, since the digital signature is like the lawyer’s virtual seal.
  • Law Society Electronic Filing Protocol: The Law Society introduced a protocol in 2011 (and updates) for land title electronic instruments (Practice Checklists Manual – Residential Conveyance Procedure). Key points include obtaining client consent to e-filing on their behalf and the lawyer’s certification that they have the signed original before e-signing. Always have the signed execution copy in hand (or an emailed/faxed copy from the other lawyer) before applying your digital signature (Practice Checklists Manual – Residential Conveyance Procedure). For example, when acting for the buyer, you send the transfer to the seller’s lawyer for signing; do not e-sign and submit the transfer until the seller’s lawyer returns it signed (and you check it). The Law Society protocol basically says the subscriber (filing lawyer) is responsible to ensure the document content hasn’t changed and that it was duly executed by the parties (Practice Checklists Manual – Residential Conveyance Procedure). If any amendments are needed after signing, the protocol outlines steps (often requiring resigning or new consent). So if such a scenario arises, consult the protocol.
  • Privacy and Data Security: In conveyancing, you handle sensitive personal information (IDs, financial info in mortgage instructions, etc.). Ensure you comply with privacy laws by securing this data. For instance, shred copies of ID that are not needed, or better, keep them only in the secured file. Don’t email unencrypted documents with SIN numbers or the like. Use your firm’s secure channels, especially for things like sending trust account details (to avoid fraudsters intercepting wire info).
  • Title Insurance vs Opinion: In BC, it’s increasingly common to obtain title insurance as a supplement or alternative to certain searches or to protect against fraud. While not mandated, some lenders require it. Compliance-wise, if a lender expects a title insurance policy, you must secure it (through FCT, Stewart, Chicago Title, etc.) and ensure it’s effective on closing. Follow the insurer’s instructions (usually a form to fill and the policy comes via email). Provide a copy to the lender and keep one on file. Title insurance can cover issues like survey problems, fraud, or legal defects not found by searches. It doesn’t remove the need for proper conveyancing, but it’s part of risk management. The Law Society is okay with lawyers recommending it as needed – just ensure it’s in place if required.
  • Undertakings and Ethical Obligations: Fulfilling undertakings is not just professional courtesy, it’s an absolute requirement. If your office gives an undertaking (e.g., to pay out a mortgage and register discharge), diarize it and do it. The Law Society views breach of undertaking very seriously. If something unforeseen prevents you from fulfilling one on time, communicate with the other lawyer immediately and seek consent for extension or alternative – do not let it just lapse. Always err on the side of caution with undertakings: never assume – always explicitly agree on terms with the other side in writing. For instance, if you receive money on the undertaking to not release to seller until title transfer, do exactly that. Most standard undertakings cover these, but stay vigilant.

By adhering to these regulatory guidelines, you not only avoid liability but also contribute to a fair and secure conveyancing practice. BC’s Land Title system and Law Society rules are well-established; following them keeps transactions trustworthy and safe from fraud. When in doubt, consult your firm’s senior lawyer or the Law Society’s practice advisors (they can be contacted for confidential advice on tricky situations ([PDF] Practice Checklists Manual – Residential Conveyance Procedure)). It’s better to ask than to risk a misstep.

4.4 Avoiding Common Pitfalls

A few additional best practices to reduce risk:

  • Use Checklists: The Law Society of BC provides detailed Conveyancing checklists ([PDF] Practice Checklists Manual – Residential Conveyance Procedure) which we’ve effectively followed in this manual. Always use a checklist so nothing is overlooked – from initial client ID to file closing. This creates good habits and a record that you followed procedure.
  • File Notes: If anything unusual happens (client gives odd instruction, or a problem was resolved), note it in the file. If down the line someone questions the transaction, a clear file note can be your best defense.
  • Don’t Give Advice to Unrepresented Parties: As mentioned, but to reinforce – often sellers go without legal counsel (to save money). You might be tempted to “help” them with basic questions to get the deal through. Refrain and kindly insist they obtain their own lawyer or notary for independent advice. You can send them documents to sign, but do not explain their legal effect beyond a factual “please sign here; it transfers title as per your contract”. Definitely do not advise on renegotiating anything – you only owe duty to your client. Document if someone declines independent legal advice after being encouraged (e.g., note that “Seller X refused suggestion to get a lawyer”).
  • Fraud Awareness: Real estate is an area of potential fraud (identity fraud, value fraud). Verify that the person you meet is truly the owner if you represent a seller – check photo ID closely. Be cautious if something feels “off” (like a client in a rush, unfamiliar with property details, or using unusual payment methods). The Law Society advisories on “red flags” are worth reviewing (Practice Checklists Manual – Residential Conveyance Procedure). One example: a client selling a mortgage-free property but they live abroad and insist on a quick sale below market – could be impostor fraud. In such cases, extra steps (like contacting the real owner via another channel) might be warranted by the lawyer. As a conveyancer, bring any suspicions to the lawyer’s attention.
  • Compliance with Filing Deadlines: Some filings have deadlines – e.g., the Property Transfer Tax return must be filed at the time of transfer registration, not later. If an exemption form (like First Time Home Buyer) is needed, ensure it’s done then, or the client could lose it. Similarly, if any post-completion tasks (like filing a Form 17 for the Land Owner Transparency Registry or a notice to municipality of the transfer if required), do them promptly.
  • Post-Closing Reports: After closing, prepare the reporting letters to clients and to the lender (if required) in a timely manner. For the buyer, the report will include a copy of the new title showing them as owner (or state of title certificate), and usually copies of all signed documents for their records. For the seller, the report shows the payout of mortgages, how proceeds were distributed, and a copy of the signed Form A transfer, etc. Accurate reporting not only is good service but also a last check that everything was done.

Adhering to these practices and regulatory requirements might seem onerous at times, but they significantly reduce the risk of errors, omissions, or ethical breaches. A conveyancer who follows the rules and double-checks compliance points will protect their firm and client from avoidable problems.

5. Risk Management Strategies

Conveyancing carries potential liabilities – mistakes can cause financial loss or claims. However, with prudent risk management, you can minimize the chances of errors and handle issues that do arise. Below are strategies to manage risk and set proper client expectations:

5.1 Diligence and Double-Checks

  • Plan Ahead for Deadlines: Real estate deals are very deadline-driven (subject removal date, filing date, etc.). Use a diary system faithfully. Enter key dates and set reminders a few days ahead. For example, mark the completion date and also mark two days before as “Have all funds?” and “Send for registration tomorrow if possible.” Doing a pre-completion review a week prior can catch if anything is missing (like, did we get insurance proof? Is the mortgage package signed?). Also, on completion day, aim to submit the registration early. If you start the day with everything ready to go, you have time to solve unforeseen hitches. Delays often cause chain reactions (Guide to Residential Conveyancing in BC), so timeliness on your part avoids being the cause of a delay. If an unexpected delay is caused by someone else (late funding from bank, etc.), immediately inform all parties and work on a solution (maybe a short extension or trust holdback arrangement).
  • Checklists and Peer Review: We can’t emphasize enough – use the checklist for each transaction and actually tick off items as done. Before sending out final documents or closing, have a colleague or the lawyer review the file checklist and critical documents. A second set of eyes might catch, for instance, that the legal description in the transfer is missing a lot number, or the math on adjustments is off by $100. Catching these before registration prevents headaches. It’s far cheaper to spend a few minutes checking than to correct an error after the fact (correcting a registered title error can involve costly filings (Transfer to correct a conveyance error – Province of British Columbia)).
  • Balance the Numbers: Always do a trust reconciliation of funds before closing: total credits (deposit, mortgage, client money) minus total payouts (to seller, taxes, fees) should zero out. If it doesn’t, find the discrepancy. This ensures you haven’t forgotten a payment or that you’re not accidentally short. If shortfall, get it from client or lender prior to closing. If an overage, determine why (e.g., did client overpay? – then refund promptly after closing). By balancing your ledger, you avoid risk of trust accounting errors or a situation where you can’t complete due to missing funds.

5.2 Managing Client Expectations and Understanding

  • Education = Risk Reduction: A lot of post-closing complaints from clients stem from them not understanding something during the process. Take time to educate your client on key points, which heads off unrealistic expectations (and thus reduces risk of a complaint or claim). For instance, ensure the seller understands they will not get sale money exactly on closing morning – funds often arrive later in the day once registration occurs, then the lawyer has to wait for confirmation before releasing. Explain this upfront to avoid an angry seller wondering why money isn’t in their account at 9am. For buyers, explain possession timing – they might assume as soon as money is paid they get keys, but if contract says possession next day 12pm, that’s the deal. Proactively clarifying these things manages expectations.
  • Put Advice in Writing: If you have given the client important advice or recommendations, especially if they choose not to follow it, note it in writing. For example, if a survey/inspection isn’t part of standard conveyancing but the buyer is worried about encroachments, you might advise them “Consider getting a survey or title insurance to cover survey risks.” If they decline due to cost, email them something like “As discussed, you have decided not to obtain a survey of the property. We will proceed without one, but note that means we are relying on existing title descriptions and you accept the risk of any minor boundary discrepancies.” This covers you if later the client finds their fence is 2 feet into the neighbor’s lot – they were warned of survey risk.
  • Limit Scope Where Appropriate: Conveyancers (and lawyers) are not inspectors, insurers, or tax advisors. Be clear on what you do not do. For example, you typically won’t check the physical condition of the property or whether the appliances work – that’s outside legal scope. If a client asks something like “should I hold back money for that broken window we discovered?”, that’s more of a negotiation issue – you can advise legally they’d need seller’s consent via an amendment, but if there’s no contractual holdback, you can’t unilaterally do it. The point is to avoid being on the hook for issues outside your role. If a client expects you to find every possible issue (like unpermitted renovations, zoning compliance, etc.), gently remind them those due diligence items are usually handled before subject removal (perhaps by professionals or city inquiries), and your role now is mainly ensuring good title transfer. Of course, if something comes to your attention (like in strata minutes you see a big levy), you should inform them, but you aren’t warranting the condition of the property. Setting these boundaries manages liability.
  • Documentation of Instructions: If a client instructs you contrary to your recommendation, or to do something unusual, get it in writing. E.g., buyer might instruct to go ahead with closing even though seller hasn’t fixed something minor as promised – confirm by email “As per your direction, we will proceed to close without the repair being done, and you will address it directly with the seller post-closing.” This way later they can’t say you failed to enforce something; it was their call.

5.3 Common Claim Sources and How to Avoid

Lawyers’ insurance (PLTC/LIF) has data on common conveyancing claims. Some notable ones and avoidance tactics:

  • Legal Description Errors: One of the most frequent costly errors is a mistake in the legal description (e.g., leaving out one of multiple parcels, or using the wrong lot number, thereby transferring the wrong land). Avoidance: Always cross-check the legal description from the title search against the transfer form and contract (Practice Checklists Manual – Residential Conveyance Procedure). If the property has multiple PIDs or strata lots (parking, storage), ensure they’re all included. Have another person verify if possible. If you do realize after registration that something was missed, you’ll have to do a correcting transfer (Transfer to correct a conveyance error – Province of British Columbia) (which may incur extra PTT) – an expensive lesson.
  • Not Clearing an Encumbrance: e.g., Failing to register a discharge of a mortgage or judgment you were supposed to, leaving the buyer with a surprise lien. Avoidance: Use your checklist to ensure every charge that was to be discharged is indeed discharged. Before you declare the file closed, do that post-closing title search to see that it’s clean. If a discharge is delayed (some banks file later), follow up until you see it done. Do not forget about it because months later the buyer might find it and a claim arises.
  • Unpaid Taxes or Adjustments Mistakes: If you miscalculate an adjustment (say you credit the buyer less than they deserved for taxes), the client may lose money. Or if you forgot to pay the property taxes you undertook to pay, the buyer could face penalties. Avoidance: Double-check adjustment calculations (perhaps by formula or another staff) (Practice Checklists Manual – Residential Conveyance Procedure), and tick off once payments like taxes are made (keep receipts). If you accidentally omit an adjustment and catch it right after closing, inform both sides immediately and try to amicably fix (the sooner, the better chance to collect from the owing party).
  • Surprises from Title/Strata: Clients might claim “I didn’t know about X easement or $50k strata levy.” If it was of record and you didn’t alert them, they might blame you. Avoidance: While the contract should reveal things like known levies and the buyer should read the title, in practice it helps if you point out any unusual burdens on title or any significant info in strata documents that appear in the materials you review (Guide to Residential Conveyancing in BC). For example, if an easement on title grants a right-of-way to a neighbour across the property, mention it to the buyer and perhaps provide a copy, so they can’t later say they were unaware. Document that you did so. Your duty is mainly to ensure clear title except those listed charges, but going a step further to highlight anything atypical can prevent future “I wasn’t told” issues.
  • Fraudulent Transactions: While rare, if a conveyancer inadvertently assists a fraud (like wiring money to a fake seller), it’s catastrophic. Avoidance: vigilantly verify identities and account details. Watch out for phishing attempts – e.g., an email purportedly from your client changing payment instructions – always confirm by a phone call to a known number. Many firms now have safeguards for fund transfers (like requiring lawyer approval and call-backs). Also, if a client or scenario triggers multiple red flags (as discussed, urgent sale, unfamiliar owner, etc.), escalate to the lawyer. It’s better to delay or decline acting than to facilitate a fraud scheme and drag the firm into liability.

5.4 Professional Liability Insurance and When to Get Help

All BC lawyers have mandatory insurance through the Lawyers Indemnity Fund (LIF). As a conveyancer, you are covered when acting under the lawyer’s supervision. However, the goal is to never need it. If a mistake happens, inform the lawyer immediately. Many errors can be fixed if caught early (e.g., file a corrective document, negotiate a settlement for a small issue). If a serious error is discovered (like a huge trust shortfall or a missed non-resident holdback leading to CRA demand), the lawyer may need to notify the insurer. The sooner that’s done, the better the insurer can manage the claim. Do not try to quietly cover up a significant mistake; transparency is key, and often clients are more forgiving if you come with a solution.

Also, if during the process you encounter legal issues beyond your knowledge – for example, the seller mentions they are in bankruptcy, or you find out the property is on First Nations lease land – don’t guess. Pause and get advice from the lawyer or a senior mentor. The Law Society offers Practice Advisors who can be consulted by lawyers on tricky points ([PDF] Practice Checklists Manual – Residential Conveyance Procedure); your supervising lawyer can utilize that resource if needed. It’s better to ask a “dumb question” internally than to make a dumb mistake externally.

In sum, risk management in conveyancing boils down to preparation, communication, and verification (The Conveyancing Process in BC: A Step by Step Guide) (Guide to Residential Conveyancing in BC). By being thorough in your work, clear with your clients, and cautious with compliance, you greatly minimize the likelihood of something going wrong. And if something does, having managed expectations and documented things will put you in a strong position to resolve it with minimal fallout.

6. Troubleshooting Common Issues

Even with the best preparation, real estate transactions can encounter hurdles. A good conveyancer is also a problem-solver, able to troubleshoot issues that arise and find solutions to keep the deal on track. Here are common problems and how to handle them in a BC conveyancing context:

6.1 Closing Date Delays

Scenario: It’s the completion day (or just before) and something threatens to delay closing. Causes can include the buyer’s mortgage funds not arriving on time, the seller not signing documents in time, last-minute discoveries, or even external issues like a Land Title system slowdown. Delays are serious because the contract sets a firm date – failure to complete on that date could mean a breach. Here’s how to handle:

  • Identify the Cause Quickly: Determine why there’s a delay. If the buyer’s funds are missing, call the lender immediately to see what’s wrong. If the seller hasn’t returned signed documents, get in touch – are they simply late, or refusing over an issue? If there’s a last-minute issue on title (e.g., a newly filed judgment on the morning of completion), gather details and discuss with the lawyer your options (can money be held back to cover it? Does seller have a way to clear it same day?).
  • Communication and Extension: The moment it’s clear a delay into the next day (or beyond) is likely, you must communicate with the other side’s lawyer and the realtors. Often, both parties want the deal to close, so they may agree to extend the completion date by a day or two to resolve the issue. This requires a written contract amendment signed by both buyer and seller. Usually the realtors will prepare that for signing (or the lawyers can). Negotiate the terms: sometimes an interest payment or other consideration is given to the seller for the inconvenience of an extension. If an extension is agreed, make sure all other details (like adjustments date or possession) are also adjusted accordingly in writing.
  • Use of Trust Undertakings if Brief Delay: If the issue is expected to be resolved within a day or so (for instance, lender confirms funds will come tomorrow), the lawyers might do a workaround: close in escrow. For example, the buyer’s lawyer might deliver everything except funds, and the seller’s lawyer agrees to release keys even though registration isn’t done, on undertakings that buyer’s lawyer will hold all in trust and not register until funds arrive next day (or vice versa, seller’s lawyer holds keys until notified of registration). BC lawyers sometimes accommodate a short gap this way, especially if the buyer has already moved out or other human factors. However, both parties must consent, and undertakings must be crystal clear. Title insurance can also help in these gap situations (insuring the gap between intended and actual registration). Only do this if both lawyers are comfortable; otherwise, a formal extension is safer.
  • Notify Clients: Keep your client fully informed. The buyer should know not to start moving in until it’s resolved, and the seller should know not to expect money until it’s done. It’s a stressful scenario, so manage it calmly and assure them everyone is working to complete as soon as possible. If the client causes the delay (e.g., buyer was short on funds), counsel them on urgency and potential penalties (like per diem interest the seller could charge per the contract, or even loss of deal if not completed in reasonable time).
  • After-Effects: If closing is delayed into a new day, some adjustments might change (interest on mortgage payout, extra day of taxes, etc.). Be prepared to update the Statement of Adjustments and possibly collect/pay a small amount for the difference. Document these changes clearly.

The key with delays is proactive communication and a written plan to still close. Most sellers prefer a late completion over a collapsed deal, especially if the issue is solvable (Guide to Residential Conveyancing in BC) (Guide to Residential Conveyancing in BC). By being on the front foot, you can usually broker an extension or interim arrangement and avoid default. However, if a delay becomes indefinite or one party refuses to extend, then it escalates to a potential legal dispute (specific performance, etc.), which is beyond your role – at that point, escalate to the lawyer for advice to the client on legal remedies. This is rare; usually, solutions are found.

6.2 Registration or Filing Rejections

Scenario: You submitted the transfer for registration, but the Land Title Office flags a problem – either outright rejection or a pending defect that needs resolution. Alternatively, the package might not have registered by end-of-day. How to troubleshoot:

  • Land Title Rejection: Common reasons include missing signatures or forms, incorrect fees, or a title issue (like trying to transfer while a duplicate title is outstanding). The LTSA examiner will indicate the error. If it’s something fixable quickly, do so. For example, if an affidavit of execution was missing, get one prepared by the witness immediately and re-submit. If the legal description was wrong, you may have to correct it – if it’s a minor typo, maybe an affidavit correction; if major, possibly a new transfer signed by parties (which is a big problem on closing day). For minor errors, the Land Title Office often allows a correction by way of letter or affidavit from the lawyer. Always phone the examiner if unsure – they’ll tell you exactly what they need to make it acceptable.
  • Priority Concerns: If your registration gets rejected after the completion date, there’s a risk of lost priority (someone could theoretically register another charge in the interim). To mitigate this, if you know something’s wrong on submission, you can file a quick priority caveat (or in modern practice, a “pending application to be refiled” – essentially an app that holds your place) if allowed. Or simply re-submit the corrected application ASAP. The time window in which something else could slip in is usually small, but it’s a risk. Keep the other lawyer informed – if a rejection happens, tell the seller’s lawyer and outline fix and timeline. They are holding funds in trust conditionally, so they need to know.
  • End of Day Not Registered: If by the end of the completion date, the transfer still isn’t registered (maybe due to volume at LTSA or a late submission), technically the deal isn’t fully “closed” yet, but if everything is in process and no issues, parties often proceed on trust it will complete next morning. This is common for late-day filings; the buyer usually doesn’t get keys until registration confirms next morning, per undertaking. In such case, do a quick title search after cutoff time to ensure nothing else came on title, and confirm with the other side that funds remain in trust. Then first thing next morning, see it through. This is more of a timing issue than a problem. It underscores why submitting early on completion date is wise – to avoid overnight pending status.
  • Name Discrepancy / Execution Issues: If the Land Title Office questions a signature or name (e.g., middle initial mismatch), a common solution is an Affidavit of Identity from the person, stating “I, John Doe, am one and the same person as John A. Doe on title,” for example. Have the client sign such an affidavit before a notary/lawyer and submit it referencing the registration number. This usually satisfies the registrar. It’s best to anticipate these (if you noticed the contract had no middle name but title does, prepare an affidavit for the client at signing to avoid delay).
  • Missing Supporting Document: Sometimes a transfer requires an accompanying document – e.g., a Form F for strata, or a survey plan for a subdivision, etc. If it was omitted, registration will stall. Get the document and submit it quickly with a covering letter referencing the pending number. The LTSA can marry it up.
  • Heavy Traffic or System Issue: If on a very busy day (like end of month), registration queues up or the system goes down, conveyancers might panic. There’s not much you can do except wait or call LTSA if it’s a system error. If it truly can’t be registered that day due to LTSA issues, that’s usually a force majeure situation – both parties often agree to deem completion effective that day and keys maybe exchange, finishing registration next day. Title insurance can cover the gap if needed.

Preventative Tip: Always conduct a final review of all documents before sending to LTSA – are all signatures present and properly witnessed? All necessary forms attached (e.g., the PTT form, Form F, etc.)? Legal description exactly matches title? Doing so will prevent most rejections. However, if one occurs, address it immediately – don’t delay because it only gets riskier the longer registration is outstanding. Keep notes of what happened and how resolved, in case you need to explain to clients or insurers later.

6.3 Discrepancies and Errors in Documents

Scenario: You discover a discrepancy or error in the documentation – e.g., the name of a party is spelled differently on the contract vs their ID, or the legal description in the mortgage instructions doesn’t match the title, or the completion date on the lawyer’s undertakings letter is wrong. These things happen; here’s what to do:

  • Name Discrepancies: Ideally, all documents should have consistent names. If a seller’s driver’s license says “Elizabeth” but contract says “Betty”, the Land Title requires the name as on title (perhaps Elizabeth if that’s on title). The safest course is to have the transfer signed with the name exactly as on title, and you can add “also known as Betty [Last Name]” in the notary block if needed. If the discrepancy is caught early, amend the contract by an addendum to reflect the correct legal name. For a buyer, it’s important for their name to be correct on title for future identification. If a client has a common variation (like goes by middle name), explain you will use their legal name on all documents. In case of minor spelling errors on executed docs that are caught before registration, re-execution is the cleanest fix. If that’s not feasible (seller overseas, etc.), a lawyer’s letter to LTSA with an affidavit might suffice if it’s clearly same person.
  • Legal Description Errors: If you catch an error in a legal description in any documents (contract, mortgage instructions, etc.), verify against the actual title. Then get it corrected at the source: if the contract had a mistake, do an amendment with the correct description. If mortgage instructions had an error, inform the lender immediately so they can re-issue corrected instructions (the lender wants their mortgage on the correct property!). If you only catch a legal description error after registration (say one lot omitted), it’s more serious – a confirmatory transfer for the missing piece may be needed (Transfer to correct a conveyance error – Province of British Columbia) and perhaps additional PTT. That would involve both parties and likely their lawyers to execute new docs. This underscores the need to check early (Practice Checklists Manual – Residential Conveyance Procedure). If such a big error happens, notify the lawyer and Title Insurance if in place (title insurance might cover the cost of fixing such an error).
  • Contract Terms Discrepancy: Sometimes the contract and reality diverge – e.g., contract says fridge included but it’s gone on walkthrough. Technically that’s a contractual dispute, not a conveyancing error. Direct the buyer to speak to their realtor – usually the remedy is the seller gives some compensation or the buyer accepts it. As conveyancer, note it in file but it’s not something that prevents closing (unless buyer instructs to hold back funds, which you can’t do without seller agreement or court order). Advise buyer that their recourse is against the seller under contract, but closing should proceed if that’s the only issue (lawyer can advise if buyer should hold funds in escrow – but without agreement, that risks breach). So, manage expectations that not every contractual issue can be solved by the conveyancer at closing.
  • Financial Discrepancies: If the deposit amount on contract is wrong (typo) versus what was actually paid, clarify with realtors and correct via amendment if needed so adjustments are accurate. If a pay-out statement from a lender contains an error (maybe they miscalculated interest), get an updated one – never assume, because if short-paying a lender even by a small amount, they may not discharge. It’s safer to overpay a little and have the lender refund the excess to the seller than to underpay and leave a mortgage on title.
  • Typo or Minor Error in Registered Doc: If after registration you notice a small typo (like a middle initial wrong) but it doesn’t affect parties’ identity, usually nothing needs doing if title issued correctly. If it’s in the body of a mortgage (like wrong payment date but the lender didn’t object at registration), the lender may have you register a Form C Modification or just keep on file. Always inform the supervising lawyer and see if a correction filing is warranted or if all parties are okay ignoring a harmless typo.

General approach: When you find a discrepancy, don’t sweep it under the rug. Even minor issues should be noted and either corrected or at least clarified in writing between parties to avoid later disputes. If time permits, get documents redrawn and re-signed correctly (this is ideal). If time is short, use affidavits or undertakings to patch it as allowed.

6.4 Last-Minute Changes or Demands

Scenario: Near closing, one party tries to change something – e.g., buyer asks to move possession a day earlier, or seller requests an advance of sale funds, or buyer’s lender suddenly demands a holdback for repairs. These can be tricky:

  • Possession or Term Changes: Any material change requires agreement of both buyer and seller. If your client asks, say you’ll convey the request to the other side (likely via realtors) but it’s up to the other party to consent. Get any agreed change in writing (contract amendment). If the other side says no, explain to your client they have to stick to the contract or risk breach. Sometimes clients think the lawyers can just adjust things – make it clear you have no authority to alter terms without mutual consent.
  • Early Key Release: A common request is, “Can the buyer have the keys the evening before completion to move a few things?” Legally, possession is per contract, but parties sometimes work things out. If such off-record arrangements happen (with realtor involvement), make sure your client knows the risks (seller letting buyer in early means technically buyer is in someone else’s property – insurance issues, etc.). As a lawyer’s assistant, you wouldn’t encourage violating contract terms, but if both clients want it, have them sign a simple use agreement or waiver, if possible, stating that the buyer gets access early at their own risk, etc. This is more on the realtors’ plate, but be aware.
  • Requests for Funds Timing: Sometimes sellers want sale proceeds on the same day of completion because they’re buying another property the next day. In BC, funds are usually available on completion day afternoon or the next morning. If a seller needs money by a certain time, coordinate with buyer’s lawyer – maybe arrange a direct deposit or wire to speed it up. But caution: you can’t release funds until you’re certain of registration in the buyer’s name (or a very high assurance it’s imminent with undertakings). Explain to sellers that land title registration is what triggers money release. If needed, a bridge loan through their bank could be used if timing is tight (the seller’s bank often can bridge if they know a sale is closing a few hours after a purchase). That’s outside your direct work, but you might prompt the idea.
  • Lender Holdback or New Condition: If a lender pops a surprise, like wanting a holdback for some incomplete construction or an undertaking that something be done post-closing, address it with both the client and possibly the other side. For instance, a new build might have a holdback for incomplete landscaping – the buyer’s lender might say they’ll hold $10k until done. This requires agreement from seller to that arrangement. You’d negotiate an undertaking with seller’s lawyer that the amount will be held and only paid when condition met. All must concur, otherwise the buyer might not get full funds and can’t complete. Early identification of these is key – review lender instructions thoroughly on receipt to catch any such conditions and deal with them in advance, not on the eve of closing.
  • Non-Resident Tax Holdback Surprise: Ideally determined well in advance by asking the seller’s status. But if on closing day you learn seller is non-resident and no holdback was considered, you have a serious issue because the buyer is obligated by law to hold back (usually ~25% of gross purchase price). If that was missed, immediately inform both parties and their realtors – likely the seller will have to agree to escrow that holdback (since buyer’s lawyer will not release all funds). Possibly delay closing until that’s sorted. It’s a rare oversight now as realtors usually declare residency in contract and lawyers get stat decs (Practice Checklists Manual – Residential Conveyance Procedure), but worth mentioning – always confirm residency status early to avoid this last-minute crisis.

6.5 Post-Closing Issues

Even after closing, issues can pop up that you may need to assist with:

  • Title Errors Discovered: If after closing the buyer notices something on title that should have come off (e.g., an old mortgage still there), first verify if it was indeed supposed to be discharged (maybe it was a beneficial easement meant to stay). If it’s an error (mortgage wasn’t discharged due to bank delay), coordinate with seller’s lawyer to get it removed ASAP. Use undertakings and involve title insurance if needed. Usually, if funds were held in trust for this (undertaking), it’s just a matter of chasing it down. Provide reassurance to the buyer that it’s in hand – these cleanup tasks sometimes drag weeks, but stay on them weekly until done (The Conveyancing Process in BC: A Step by Step Guide).
  • Payouts and Refunds: After closing, ensure any surplus funds or refunds are handled. E.g., if the real estate brokerage had excess deposit after commission, they might send a refund to the seller – sometimes the seller expects it via their lawyer. Make sure the client gets their due funds and document in the final report. For buyers, if you had a few hundred left in trust after paying everything, return it promptly with a statement. Unclaimed trust balances are a liability (and have Law Society rules to not hold too long).
  • Client Questions/Follow-up: Clients may come back with questions: “Where do I get my property tax bill now?” or “How do I change the locks, do I need to inform anyone legally?” While these aren’t legal issues per se, providing a little guidance as customer service is good. E.g., tell the buyer the city will eventually update their records from the Land Title registration and send a tax notice next cycle, but they can call the city to confirm the ownership change to be safe. Or advise the buyer to apply for the Home Owner Grant if applicable when tax time comes (since first year the bill might still show previous owner name). These small tips can prevent minor issues (like missing a grant or not getting a tax notice). For sellers, remind them to cancel their pre-authorized property tax payments or utility accounts, etc., so they don’t get charged after sale.
  • Document Storage: Make sure the client has copies of everything they might need. Buyers often ask for their survey or strata documents after – these are usually provided by realtors, but if you have them, include in a USB or email. A well-documented closing binder or email to the client with PDFs of key documents (title, transfer, mortgage, contract, adjustments) is very helpful and reduces future queries.

By anticipating these common issues and having a playbook for them, you’ll handle them with confidence. Conveyancing, while often routine, can throw curveballs (Guide to Residential Conveyancing in BC). Your job is to catch those and resolve them such that both the legal requirements and client’s interests are safeguarded. Over time, you’ll develop intuition for problem-spotting – if something “feels off”, you’ll investigate early. When issues do arise, stay calm, consult with your team, and communicate solutions clearly. Clients remember not that there was an issue, but how you dealt with it.

Conclusion:
This step-by-step manual has walked you through the entire conveyancing process in British Columbia – from first client contact, through document preparation, collaborating with all parties, ensuring compliance, managing risks, to troubleshooting challenges. As a new conveyancer, refer back to each section as you progress through a file. Over time, these steps will become second nature. Remember that attention to detail, proactivity, and clear communication are your best tools. By adhering to best practices and guidelines (The Conveyancing Process in BC: A Step by Step Guide) (Guide to Residential Conveyancing in BC), you will facilitate smooth property transfers, satisfy clients, and uphold the high standards of the profession. Happy conveyancing!

0 Comments

Leave a Reply

Avatar placeholder

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Call Us Now
WhatsApp