This paper examines liability risks to lawyers involved in real estate transactions, from the perspective of a foreclosure lawyer. It discusses the current state of the law with respect to lawyers’ negligence, including recent case law involving straw buyer mortgage fraud schemes. It also considers recent changes to the Condominium Property Act and potential issues that can arise when acting for a condominium developer. Finally, the paper provides strategies to employ to help avoid liability issues.
This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.