Recommended REALTOR® RPR Practice Guidelines ~ Did You Know
1. When listing a property for sale where an RPR is applicable (most properties except for
conventional condominiums where the building is shown on the condominium plan) an
industry member should immediately enquire as to the availability of an existing RPR and
endeavor to obtain a copy.
2. If an existing RPR is available, then once obtained it should be carefully reviewed with the
seller and compared to the current state of improvements on the property. If structures
(including decks and fences) were added since the RPR was prepared, a determination should
be made as to whether an update is required. Some rules respecting the acceptability of
existing RPRs are as follows:
- legible photocopies are acceptable (it doesn't have to be an original document);
- the age of the RPR and the age of the Stamp of Compliance don't matter so long
as the RPR continues to reflect the current state of improvements;
- the removal of an improvement since the creation of the RPR (i.e. the RPR shows
more than the current state of improvements) doesn't necessitate an update;
- within urban centers all perimeter fences have to be shown (the fact that the
neighbor may have built the fence is irrelevant);
- certain improvements such as movable sheds, landings, non-encroaching
driveways and cross-fences are not required to be shown on the RPR, but it would
be best to consult with a lawyer on these matters.
3. If an RPR cannot be located then a new RPR should be ordered by the seller, the listing agent
or the seller's lawyer and submitted to the municipality for confirmation of compliance as soon
as practicable. Ordering an RPR early will minimize the cost involved and, more importantly,
allow the seller to discover and, hopefully, remedy building location problems prior to the
closing day.
4. When listing a condominium unit, it is essential for the listing agent to obtain and review a copy
of the condominium plan. If the condominium plan shows that the units which were created
are lots (bare land condominium) rather than buildings (conventional condominium) then the
same RPR obligations that apply to the sale of a single residential home will apply to the sale
of the condominium unit. If the condominium plan shows buildings rather than lots then an
RPR will not be required, but a careful review of the plan will allow the industry member to
determine whether titled parking stalls and storage lockers were created which are relevant
to the sale of the property.
5. Finally, if any building location problems are discovered, most lawyers would appreciate being
notified at an early stage (even without a contract in existence) to enable them to assess the
risk and assist in the remediation of the problem. If you have any questions or concerns
respecting the requirement for a new or updated Real Property Report or any potential building
location issue, consulting with your client's lawyer early will help to minimize your liability risk.
A GREAT ARTICLE FROM THE AREA - Alberta Real Estate Association. OUR GUIDELINES we have to follow
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