WFN – Tesoro Arca (Townhomes for Toys) FAQ

WFN-Tesoro Arca- Townhomes for Toys Lease FAQ

Tesoro Arca is a townhome community located around the corner from Two Eagles Golf Course on Cougar Road in West Kelowna.

What is the term?

Unless earlier terminated, the sublease expires September 29, 2106. Upon termination of the lease, your leasehold interest will expire and you must remove all belongings and leave the premises in good condition. A lease may be terminated prior to the end of the term in the event of an uncured default of either the sublease or the head lease.

Is the lease entirely prepaid?

YES- however you are responsible for paying additional components on a monthly ongoing basis such as Property Taxes, Utilities, and Home Owners Association dues.

Other financial obligations under the lease?

The rent is pre-paid however, as with other strata-type properties, there are additional components which you are responsible for paying on a monthly ongoing basis such as: Property Tax and Utilities which are payable to Westbank First Nations (WFN), and Home Owner Associate dues are payable (similar to strata fees) which will include common costs for property taxes, common area maintenance, common area insurance, and common area utilities.

Does the lease allow the owner to assign (sell) to a third party?

YES – but, prior to assignment (sale) to any third party a certificate of good standing will have to be obtained and a transfer fee may be payable. The Assignment must be registered with WFN.

Does the lease permit the owner to obtain a mortgage from a bank?

YES – the lease will permit the mortgaging of the Tenant’s interest without consent of the Landlord. The lease also contains those provisions which are required by the CMHC to provide insurance to lenders.

Does the lease restrict the use of the property?

YES- Your use of your property is restricted to residential use and home office use which are indoor and ancillary to your residential use.

Are there unique insurance requirements?

You are required to insure your premises and its contents according to the terms of the Sublease (including adding the Head Landlord, Lessee and Home Owner Association as additional insured).

Are there provisions for a homeowners association?

Similar to a Strata, The Home Owners Association or Sub-landlord may create bylaws and rules and fines may be imposed if you breach those bylaws or rules.

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Know what your new home will cost to purchase…

…with our user-friendly Closing Cost Calculator!

There are many different fees and disbursements that go along with purchasing a new home in British Columbia.  Our calculator makes it easy to find out how much your dream home is going to cost.  Simply input the figures for your desired property and the calculator will give you an estimate.

Contact us at 250-762-5434 or lawyers@pihl.ca for more information.

Choosing a #Kelowna Real Estate Lawyer

Did you know that a real estate deal gone wrong could both leave you homeless and leave you facing a $50,000 lawsuit?  Its rare, but it happens and when you are hiring a lawyer to guide you through the biggest transaction of your life what are the top three questions you should ask.

  1. What percentage of your practice is real estate law?
  2. Who can I call if I have questions?
  3. What happens when a deal goes “sideways”, what do you do?

Here are the answers at Pihl Law Corporation:

  1. Peter and Courtney focus their practice on residential and commercial real estate matters (including lending and secured transactions), their only other focus is corporate/business law and mergers and acquisitions.
  2. Call anyone here, we are a cohesive team of lawyers, paralegals and legal assistants focused on assisting you.
  3. The first thing we do is to inform both you and your Realtor and then start discussing solutions (we’ve likely seen the problem before and we talk about both legal and economic approaches). For potential litigation matters, usually our in-house real estate litigation lawyer Andrew Prior will join us.

Every real estate transaction needs a professional who:

  1. is “on top” of the file at all times – this is why we use a team based approach
  2. has the resources to solve problems no matter how complex – this is why we have a real estate litigation department
  3. is focused on Kelowna Real Estate – Peter and Courtney were born and raised in Kelowna and Peachland and know the area well.

Do you need a Kelowna Real Estate Lawyer?  Call us at 250-762-5434, or

Learn more about us here:

Peter: http://pihl.ca/peter-d-borszcz/

Courtney: http://pihl.ca/courtney-macrae-3/

Andrew: http://pihl.ca/andrew-prior/

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Home Closing Checklist for #Kelowna #RealEstate Buyers

 

 

 

In the last six months, merely finding a home in Kelowna has become very difficult as more and more Buyers enter the area for jobs, lifestyle and retirement… and once you have found your dream home… what do you do next?

  1. Due your “Due Diligence”; call your real estate lawyer to review you title and work through the subject conditions on the property, don’t be in a rush to move into a home your don’t know everything about;
  2. Finalize your Lending or Financing Commitment with your banker or brokers
  3. Get a Home Inspection (remember the standard contract contains no assurances about the quality of any home – buyer beware)
  4. Estimate your closing costs (Pihl Closing Cost Calculator)
  5. Once your are completely confident, – Remove Subject Conditions with your Realtor
  6. Instruct your Realtor to send “conveyance instructions” to your real estate lawyer
  7. Instruct your Broker/ Banker to send “mortgage instructions” to your real estate lawyer.
  8. Call the Movers and Utility Providers to arrange dates
  9. Attend at your real estate lawyers office a few days prior to closing to sign the mortgage and transfer documents.
  10. Deliver a bank draft for the “balance to complete” the transaction to your lawyers office (the remainder of your down payment plus closing costs)
  11. Your lawyers close your transaction on the closing date
  12. You move in on the possession date

Written by Kelowna Real Estate Lawyer Peter Borszcz.

 

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Seller’s Remorse in Kelowna Real Estate; Can a Seller back-out?

In the last few weeks the Kelowna Real Estate market has seen a dramatic increase in sale activity (see OMREB stats here) and in some sectors of our market (particularly single family homes under 500k) signs of a “Sellers Market” have begun to emerge (see my January post here).

The rather quick shift from a Buyer’s Market earlier in the year to a Seller’s Market has caught some Sellers “off guard” particularly those who did not expect their homes to sell as fast as they did. In the last week I have received a large number of calls (from either the Buyer or Seller) in situations where the Seller wants out of a signed real estate contract.

In most cases, immediately upon signing, a Seller is legally bound to complete the terms of that contract for the Purchase Price (see my post here about what Sellers need to check before closing). The “subject conditions” in the deal are, most often, solely for the benefit of the Buyer and will not allow a Seller to back out once the deal is signed.

If the Seller is unsure about being able to complete the deal as presented they should:

  • NOT sign the contract of purchase and sale; or
  • ensure that appropriate subject conditions are added to the contract (ie; bank assurance of ability to clear mortgages from title) to the benefit of the Seller.

If a Seller is unsure of their financial payout commitments on closing they should call their mortgage broker PRIOR to listing the property, these financial commitments include: principal, interest, penalties, and other home secured loan products (ie; lines of credit).

Have questions? Selling or Buying a Home? Call Kelowna Real Estate Lawyer Peter Borszcz.

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June Kelowna Real Estate Closings: Municipal Property Tax Adjusments

The end of June is “high season” for residential real estate closing. As the school year comes to the close and the weather turns warmer, people want to get the “business of moving” done prior to enjoying summer holidays.

There are a couple of unique considerations for Kelowna Real Estate at this time of year, all of which revolve around the July 2 Municipal Property Tax payment deadline.

Usually:

  1. For closings before June – the municipal property tax payment is the responsibility of the new Buyer and the Seller receives a debit at closing based on the estimated bill to be paid (or the assessment if available).
  2. For closing after early July  – the municipal property tax payment is the responsibility of the Seller (prior to vacating) and Buyer will receive a debit at closing for the amount already paid.

For closings in June and early July, a couple of key points for Sellers:

  1. When you pay your property taxes (at a bank or at the city), ensure that you keep your receipt.
  2. For your principal residence, make sure that you claim your Home Owners Grant on your principal residence when you pay your taxes (more info on eligibility here)
  3. Depending on the municipality and the timing of the payment, Sellers closing at the end of June may be legally required to holdback an amount of closing to ensure that property taxes have been paid (ensure you have budgeted for this extra temporary cost).

Your Kelowna Real Estate Lawyer will make adjustments such that the Buyer and Seller each “pay” for those expenses which accrue to the property during that time of the year (a per diem adjustment) that each party owns the property being transferred.

The Home Owners Grant that is actually claimed is the amount adjusted for. This can result in some “inequity” in some cases. For example where the Buyer is a Senior buys a property from an Investor and the Seller has already paid the property tax the difference in Home Owner Grant amounts means the Senior may pay an extra $500 in property tax.

These situations may not be entirely avoided but in some cases they can be minimized by talking to your Kelowna Real Estate Lawyer early. For instance (in the example above), we would try to have the Senior Buyer pay the taxes and claim the grant (and debit the Investor Seller) if this was legally possible prior to the municipal tax deadline.

For more information on property taxes, see the local municipal property tax information pages here:

  1. For information on Kelowna Property Taxes – click here.
  2. For information on West Kelowna Property Taxes – click here.
  3. For information on Lake Country Property Taxes – click here.

Written by Kelowna Real Estate Lawyer Peter Borszcz.

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Powers of Attorney in Kelowna Real Estate, a guide for Realtors…..

A Power of Attorney (POA) allows another person to make financial and legal decisions for someone else. In the context of residential real estate, these documents can be very helpful in the many situations, including:

  • a Buyer or Seller is on active military duty overseas;
  • a Seller is on vacation or otherwise not in Canada at closing;
  •  a Seller works in northern Canada and does not have regular access to a lawyer;
  •  a Seller is elderly or disabled and is unable to deal with his or her affairs;

IMPORTANT NOTE: For Buyers, the use of a Power of Attorney is strictly limited by many Mortgagees (Banks) and often they must pre-approve of the use of a POA before subjects are a removed on a deal where the Buyer is signing by POA.

A new Power of Attorney Act came into effect in BC on September 1, 2011. Although it did not invalidate older Powers of Attorney, new rules were brought into force. When faced with a power of attorney here are some questions should a Realtor ask (ideally upon listing If you know you have a POA)?

  1. Is the Donor (person granting the POA) ALIVE and NOT BANKRUPT?
  2. Has the ORIGINAL Power of Attorney been given to my client’s lawyer for filing in the Land Title Office?
  3. Has this Power of Attorney been reviewed with my client’s lawyer to ensure it is effective to transfer real estate and is it compliant with the Land Title Act?
  4. Am I aware of any action by the Donor or Attorney which would void or terminate the Power of Attorney?
  5. Are ALL signatures on the Power of Attorney document witnessed by a lawyer/ notary?
  6. Do the NAMES on the Power of Attorney match EXACTLY the names on the Title (in the case of Sellers) or the names on the Contract (in the case of Buyers)?
  7. If the Seller is incapacitated and the sale is to occur by POA, does the Power of Attorney “continue when incapacitated”?
  8. In order to guard against fraud, do I “know the property” and do I “know my client”?

 

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Written by Kelowna Real Estate Lawyer Peter Borszcz.