Calgary Real Estate, Wills and Estates, and Business Law Blog

Losing a loved one is understandably traumatic, and it could be even more difficult for a surviving loved one to learn that he or she was unfairly treated or disinherited by the deceased. There could be many questions about contesting the will and not a lot of time in which to take action. Learning about the steps to take under Alberta laws will be a time-sensitive matter to deal with before the estate is settled.

If it can be shown that the deceased lacked the necessary mental capacity when he or she made the will, there would be grounds to contest the will. This could be an issue if sudden changes were made shortly before the person's death. The person might have become mentally incapacitated, causing him or her to change the will without understanding his or her assets, obligations and the effect and nature of a will.

When property deals in Alberta involve seller financing, it might be a red flag. In real estate, seller financing opens up opportunities for sellers or agents to commit fraud. This option involves the seller offering the property for sale with the buyer making monthly payments. If the seller owns the property outright, it could be compared to a rent to own transaction, in which the buyer could ultimately own the property. Otherwise, the monthly payments would be used to pay the existing mortgage, but this in itself is fraud because the mortgage holder owns the property until it is fully paid, which means the property could not be sold.

However, it could be a seller's scam in which the real estate is offered with seller financing to attract a buyer who might struggle to secure a mortgage. In this scenario, the property owner has a mortgage but fails to remit the buyer's monthly payments into that account. The bank or lender has no interest in the buyer, and when the seller defaults on mortgage payments, the bank forecloses, and the buyer would have lost all payments made and any interest in the property.

When a business in Alberta becomes involved in disputes with consumers, the damage it can cause can have severe financial consequences. Allegations may include franchise disputes, breach of contract, misrepresentation, fraud or unfair business practices. The sensible thing to do would be to prevent such problems, and if they do arise, it is best to seek legal counsel to assist with resolving the issues.

Some of the steps to prevent commercial disputes include making sure that advertising and sales pitches are accurate to avoid accusations of misrepresentation. Business owners can make sure their sales personnel provide consumers with all the necessary information and are ready with answers to all questions of customers. No one should ever convince a customer to sign a blank contract, promising to fill it in later.

For tenants and landlords in Alberta, the critical point is skillful negotiations. This is a particularly important part of deals that involve commercial real estate. In far too many cases, the eagerness to sign a contract can make the agreement a less profitable experience for that party.

A crucial aspect of the negotiation of real estate leases or rental agreements involves restoration clauses. While residential contracts typically expect tenants to ensure that property is in the original state when they leave, commercial real estate deals are significantly more complicated. Restoration stipulations are not usually built into these contracts and are left to negotiations because of the different needs of tenants.