1. If the Seller cannot locate the Location Certificate - why does it fall to the Purchaser to take out Title Insurance? Can the Seller be made to pay for it;

2. Do you LEGALLY have to pay your property taxes up front at closing, or can you pay it in your own time?

H E L P

Because your the one running the risk of title fraud. You can make the seller pay whatever you want, just put it as a condition of closing or deduct it out of purchase price.

Depends on your close date and when property taxes are billed. You have to pay the seller for prorated portion of property taxes which they've already paid on your behalf.

Thanks - the property taxes are up-to-date - we are being asked to pay the next years in full - even though they aren't due until the end of Sept. Can we not just pay them then instead?

I am assuming by location certificate, then you mean a Real Property Report. If that is so, why don't you just ask him to get a new one (it will probably cost him a lot) which is why the sellers say..... buy Title insurance.

When YOU come to sell, you will have the same problems.

Title insurance assists when you may have a problem (in this case no location certificate), but it does not solve the problem, at some stage some one will have to solve it (and buy the location certificate).

In 2006 when the land title offices could not keep up with the amount of real estate deals, then title insurance was good.

Don't fall into the trap that the insurance will cure the problem. If you have health insurance, you can still become ill

Your realtor should have already sorted this out for you.

As for property taxes, again ask your realtor, as they are different province to province.

We spoke to our Realtor about it 3/4 weeks ago and he said that because there was a "Schedule A" this problem would not arise - and now it has.

We spoke with him about it again tonight and he said that he can not advise us about it - we need to speak with our Solicitor.

So, can we, this late in the game, tell the Seller THEY have to sort this out before close on Friday?

Only if it was a condition in the contract that they supply the Location certificate, if not it is your responsibility.

Here in Manitoba it is normal to assume that the Buyer will order and pay for a location certificate if one is needed, they are about $350. But your Province may be different.

So, we would have had to added it as a condition that they supply us with the Location Cert or cover the cost of a new one/insurance?

[QUOTE=AmyDavid;6714660]We spoke to our Realtor about it 3/4 weeks ago and he said that because there was a "Schedule A" this problem would not arise - and now it has.
/QUOTE]

If you specifically asked him about this prior to him/her drawing up the contract then I would expect him/her to pay for it for you. If this only came up after the offer was accepted and all conditions benefiting you being satisfied, then it will most probably be your problem.

BUT - I would go back to your Realtor and ask them to pay the cost of the certificate, as this is something you should have been told about.

[QUOTE=MB-Realtor;6714688] How do I go about that - just call him and ask him outright?

As to the property tax, it is normal to reimburse the seller if they have paid property tax in advance, this would all be paid in one lump sum on closing.

Your City may allow you to pay your taxes to them on a monthly basis, they don't have to, but many have a monthly program that they can put you on, provided you are eligible.

Property tax is something your Realtor should have gone over with you.

There is in most provinces Land Transfer Tax also which is the responsibility of the buyer, and this should have been explained to you also.

[QUOTE=AmyDavid;6714696] Yes, tell him that this is something he should have sorted out for you, (or explained to you) especially as you are new Immigrants and First Time buyers, he owed you a greater duty of care because of this.

He told us about the Land Transfer Tax - well the Solicitor did and I knew would have to pay any Property Tax to the Seller if they had paid in advance. Am just wondering now how to approach the Realtor about the Title Insurance fee!

[QUOTE=MB-Realtor;6714725] Thank you so much for this. I really appreciate your help.

I was told that it is annually. We got ours in May with pay by date of end June and not due again until next year. Unless it is paid differently. Have you checked county website?

A Realtor in Canada owes you a much higher duty of care (provided you are a client and not a customer), if the Realtor was acting as your Buyers Agent he really should have sorted that out for you, or at least forewarned you.

BUT - if he was not your Buyers Agent then he didn't owe you the same duty of care.

So if he is your Buyers Agents, say, look you were meant to be looking after our interests here, and on this you failed, what do you propose to do about it?