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RPR - what's that? THE GUIDELINES

By
Real Estate Agent with CIR REALTY

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

Posted by

REALTOR®

Make it Airdrie  ~ Terri Stephens ~ CIR REALTY

403.827.4663