Barry C. McGuire

Barry C. McGuire: Real Estate Lawyer, Investor, and Teacher in Edmonton. A law blog for regular people, making Alberta real estate easy.

Latest from Barry C. McGuire

For the Love of Dog It was a dark and stormy night on a rain drenched highway in Spain. My niece Kiki and her boyfriend Jesus were driving to the family village for the weekend. They slowed down to avoid something right in the middle of the highway, and that something turned out to be Alfie, who was a little dog with some Jack Russell heritage. Alfie was soaked, whimpering, scared, covered in ticks, beaten…
Podcast Episode 132: “(Un)attached Goods, Defects, and Stigmas.” Negotiating an Offer to Purchase for a piece of real estate is about more than just the price. In this blog post, I’ll start by looking at two key points that must be worked out between buyer and seller: unattached goods and material latent defects. Then I’ll include a third topic that can be very important—but is often overlooked.…
We are beyond excited to launch our very first full-day RTO Focus Workshop.  And there is no couple better suited to share their knowledge than Rachel and Neil Oliver. Neil & Rachel Oliver are multi-award-winning real estate investors and entrepeneurs. They are often featured in Canadian Real Estate Wealth Magazine, popular podcasts, TB shows, and industry events as expers on Rent To Own.  Neil and Rachel focused on the Rent To Own strategy to replace their corporate job…
Corporate Matters Still Matter This is a follow-up to a previous blog post about the real estate woes of a corporate client who was in hot water because of an outstanding mortgage balance, loss of ownership of the property, and a huge tax bill to boot. At long last, there has been progress on this case, and I’m delighted to report that we were able to help our client with this relatively common but complex…
Podcast Episode 131: “Renovation Heartbreak.” Dishonest, fly-by-night, or even inexperienced renovators can leave a trail of heartbreak. Buyers happily move into their newly-purchased, freshly-renovated home, but problems often don’t show up till later. Here are three recent scenarios from my real estate law practice in Edmonton, Alberta. First, I’ll discuss the problems, then I’ll talk about how best to avoid them.…
Podcast Episode 130: “Third Flood.” Recently, some Alberta homeowners finally ran out of patience when their property was flooded—again. They lived on the lower end of a sloped street, and water flowed down the block from the higher end when it rained. The curb had slumped in front of their home, allowing water to run over it, across the neighbour’s driveway, and onto the homeowner’s property, causing damage. After the third occurrence (yes, that’s right,…
Podcast Episode 129: “Home-buyer’s Dilemma.”   Seems like I’m always finding examples to write about regarding real property reports (RPR) and how they fit into a real estate transaction in Alberta. Land surveys, as RPRs are also known, should be simpler than they are. The standard AREA/MLS contract says that the seller will provide an RPR showing current improvements on the property along with written evidence of municipal compliance or non-conformance. Pretty straightforward, right?  Regrettably,…
Saturday, August 22nd An All-Day Virtual Event Why Now Is A Good Time For The Agreement For Sale Strategy: The past few years of Economic activity (or lack of), Government ‘tinkering’ with the mortgage rules, and financial uncertainty, have created a perfect storm for using the Agreement for Sale strategy. Due to outside influencers, and the ever-changing Real Estate market cycle conditions, Agreements for Sale have proven to solve many financing and marketing problems. There…
Podcast Episode 128: “Secondary Suite Grudge Match.” Would-be Calgary Landlord Builds Legally-Approved Secondary Suite but Gets Stifled by Restrictive Covenant on Title for Neighbourhood’s Single-Family Dwellings. And now for the main event! This Real Estate Regulation League title fight is scheduled for five rounds in the heavyweight division. At stake is the Secondary Suite Championship Belt! The reigning, defending, undisputed champion, Restrictive Covenant, is the long-time king of title encumbrances, boasting a hundred-year track record…
Podcast Episode 127: “3×3 Permits.” This is the third Tale in my recent mini-series on Real Property Reports (RPR), municipal compliance, and building/development permits. Our first two Tales dealt with the maze of bureaucracy that surrounds permits and the dangers of not getting a clean RPR with compliance when buying real estate. As per usual, my examples are from Alberta, because that’s where I practise law, but these issues are relevant across Canada and beyond.…