Pregunta 1
Pregunta
Name 3 taxes payable in a real estate transaction?
Pregunta 2
Pregunta
When acting for a vendor, name some documents that you will likely prepare and what are their specific purpose?
Respuesta
-
Letter requesting payout statements from bank
-
Letter of Authorization
-
Vendor's Authorization
-
Form C Release
-
Form B
-
Letter enclosing documents to purchaser's lawyer
-
Payout Letter
-
Reporting letter to Vendor
Pregunta 3
Pregunta
When your client comes into the office, why is it important to obtain their photo ID as well as ascertain who they are??
Respuesta
-
To protect against Fruad
-
To protect your office
-
In case of a lawsuit
-
In case of fire
Pregunta 4
Pregunta
What are some of the steps you need to take to ensure you have met the Law Society's Client Verification Rules?
Respuesta
-
Obtain Occupation, address, & Phone number
Copy of government issue ID
Call bank if there's a financial transaction involved.
If no face to face meeting, nee to get guarantor's Verifying ID
-
Take no steps
-
Check their age, criminal record, drug history
-
List of places they may have lived
Pregunta 5
Pregunta
In a foreclosure action, what are 2 final orders available? Under which order can you not sue for shortfall?
Pregunta 6
Pregunta
52. When transferring from a deceased to the personal representative, what are 3 documents you will need to prepare?
Respuesta
-
Form C
-
Form 17
-
PTT
-
Letters of Probate
Pregunta 7
Pregunta
Why is it important to obtain photo ID when your client comes into your office?
Law Society client verification rules require it, and to prevent FRAUD
Pregunta 8
Pregunta
What is the Land Tax Deferment Act for?
Respuesta
-
Allow people to get away without paying taxes
-
Allows deferment of Property Tax in low income, widow, senior.
-
You get one kick in the can
-
Allows deferment of Property Tax indefinitely.
Pregunta 9
Pregunta
What document do you use to register a judgment?
Respuesta
-
Form 17 Release
-
Form C
-
Form 17 Charge
-
Form 17
Pregunta 10
Pregunta
What document do you register to remove a judgment from title?
Respuesta
-
Form 17 Charge
-
Form C
-
Form 17
-
Form 17 Release
Pregunta 11
Pregunta
Does a Vendor’s occupation have to be specified on the Form A transfer when you are preparing it?
Pregunta 12
Pregunta
Instead of an enduring power of attorney, what is another document you can use to manage one’s affairs and decisions if they become incapacitated?
Respuesta
-
Representation Agreement
-
General
-
Springing
-
Special or Limited
Pregunta 13
Pregunta
For the purposes of the Land Title office, long is a power of attorney valid for?
Respuesta
-
3 years only
-
3 Years, unless you specify that s 56(1) of the Land Title Act does not apply.
-
2 years
-
21 days from the from the execution date.
Pregunta 14
Pregunta
Name the most common legal remedy used in British Columbia by a lender when the purchaser is in default under the mortgage. What charge does the lender’s lawyer register in the land title office immediately after she has commenced the action?
Pregunta 15
Pregunta
What are reporting letters?
Pregunta 16
Pregunta
Why do you prepare a vendor’s authorization to pay?
Respuesta
-
To make money
-
Vendor authorizes where the money will go and amounts (i.e. to pay legal fees, to pay out existing mortgage, to pay for new home, etc.)
-
To hide the money
-
So that you get paid.
Pregunta 17
Pregunta
Is it possible that an easement only affects one property? Why or why not?
Pregunta 18
Pregunta
What does “subject to” in the Contract of Purchase and Sale mean?
Respuesta
-
That means you have sign the contract
-
Conditions that must be fulfilled before contract is binding
-
A condition that is missing
-
A contract for real estate purchase.
Pregunta 19
Pregunta
What is the name of the document filed with the conveyancing documents which certifies that all strata maintenance fees have been paid up to date? In addition to that document, what is the name of the document that the purchaser’s lawyer normally asks the management company of the strata corporation to provide in order to confirm things like the monthly maintenance fees, if there are any pending actions against the strata corporation, the amount of funds in the contingency reserve fund, etc.?
Respuesta
-
Form A
-
Form B
-
Form C
-
Form D
-
Form E
-
Form F
Pregunta 20
Pregunta
33. If there was a mortgage registered against title which the vendor’s solicitor will be paying off from the sale proceeds, what document would be registered in the land title office to remove the mortgage from title? How does the vendor’s lawyer know how much money is owing under the mortgage? On what basis would the purchaser’s lawyer pay the net sale proceeds to the vendor’s lawyer in order to ensure that the vendor’s lawyer will in fact pay off the mortgage and discharge it from title?
Respuesta
-
Form A Mortgage
-
Form B
-
Form C Discharge
-
Form 17 Charge
Pregunta 21
Pregunta
32. Why does the purchaser’s lawyer ask her land title agents to do pre-registration and post-registration searches at the time of registration of a Form A?
Respuesta
-
To ensure no liens
-
Make sure the paper work is correct
-
Make sure no CPL’s or judgments filed on title at the same time.
-
To make sure the Vendor did his part
Pregunta 22
Pregunta
What are pending applications?
Pregunta 23
Pregunta
Under what circumstances can a person defer property taxes?
Respuesta
-
55 years or older
-
Land Tax Deferment Act
-
When you see fit
-
A surviving spouse of any age
-
A person with disabilities
-
When you are lock out of your house
-
A person who qualifies under the Families with Children Program.
Pregunta 24
Pregunta
Specify at least 2 requirements which must be satisfied in order for a person to be able to claim an exemption under the First Time Home Buyer Program
Respuesta
-
Must Be a Canadian Citizen or Permanent Residence.
-
Be a high school Graduate
-
Must have a job
-
Must not have own a home before, anywhere in the world
Pregunta 25
Pregunta
27. If the Vendor is a non-resident of Canada within the meaning of the Income Tax Act what is the name of the document issued by Canada Revenue Agency that the Purchaser’s lawyer will ask the Vendor’s lawyer to provide for the protection of the Purchaser?
Respuesta
-
A drivers license
-
Passport
-
Clearance Certificate
-
Title Certificate
Pregunta 26
Pregunta
If the Vendor is a non-resident of Canada within the meaning of the Income Tax Act what is the name of the document issued by Canada Revenue Agency that the Purchaser’s lawyer will ask the Vendor’s lawyer to provide for the protection of the Purchaser?
Pregunta 27
Pregunta
If the vendor, who lives in Montreal, Quebec decides to sell the lot she purchased in Richmond, B.C., does the non-resident vendor tax hold back apply?
Pregunta 28
Pregunta
In addition to the Property Transfer Tax Return, what other documents must be submitted to the land title office to satisfy the requirement of the land title office in the following circumstances:
Respuesta
-
Form A and Form B
-
Transfer from the deceased joint tenant to the surviving joint tenant – Form 17 & Death Certificate.
-
Transfer from the deceased to the administrator of his or her estate – Form 17& letters of Probate
-
Vendor's Tax holdback and Clearance Certificate.
Pregunta 29
Pregunta
What is the Torrens system of registration?
Pregunta 30
Pregunta
3. Define “joint tenants” and “tenants-in-common”. If two people are registered on title and there is no indication whether they are “joint tenants” or “tenants-in-common” specified on title, what is the presumption in law under the Land Title Act, i.e. are they registered as “joint tenants” or “tenants-in-common”?
Respuesta
-
Successes Act
-
In Tenants in common, your 50% goes according to your will.
-
When one spouse dies the property goes to the surviving spouse.
-
If nothing specified in part 6 of Form A – presumption is T/C
Pregunta 31
Pregunta
What is the difference between fee simple ownership and a leasehold interest?
Respuesta
-
Fee simple = right to ownership forever. Leasehold = ownership for a specified period of time.
-
No fees and lease hold, is a person holding the lease.
-
No Fees paid, and landlord holds the lease.
-
Month to month rent and the other annual lease.
Pregunta 32
Pregunta
List at least 2 people the Purchaser’s lawyer would pay monies to on the completion date. Would these cheques be trust cheques or general cheques
Respuesta
-
To Vendor
-
To Bank
-
To Listing Agent
-
Government office
-
PTT to LTO
-
Trust Checks
Pregunta 33
Pregunta
If there is insufficient space for all the vendors to sign on the Form A what other land title document must you use in order to include the signatures of all the vendors?
Respuesta
-
Form A
-
Form B
-
Form C
-
Form D
Pregunta 34
Pregunta
When is each of the following Land Title Forms used: Form A, Form B, Form C, Form D, form E.
Respuesta
-
Form A Transfer
-
Form B Information
-
Form B Mortgage
-
Form C Release
-
Form D Extra
Pregunta 35
Pregunta
8. If your purchaser is purchasing a NEW CONDO, what tax must they pay to the Federal Government? What percentage is it? What is a rebate? Under what circumstances would they be entitled to a rebate?
GST, 5%, rebate is 36% of GST payable or 6,300 whichever is less. Must be Cdn resident/principal residence/under $450,000 price. May need to pay a portion of PST too.
Pregunta 36
Pregunta
What 3 documents does the Purchaser’s solicitor normally send to the Vendor’s solicitor for signature by the Vendor?
Pregunta 37
Pregunta
Under the Law Society Rules, when can one lawyer act for both the Purchaser and the Lender in a real estate transaction? In these circumstances, what must the lawyer do in order to satisfy the requirements of the Law Society?
Respuesta
-
When both parties show up to your office.
-
Simple conveyance and conflict letter
-
Contact the Law Society right away
-
Sit both parties down
Pregunta 38
Pregunta
What are Standard Mortgage Terms?
Why does the Lender normally ask the borrower to acknowledge receipt of the Standard Mortgage Terms?
Pregunta 39
Pregunta
What are Prescribed Mortgage Terms?
Pregunta 40
Pregunta
What is a high ratio mortgage?
Loan is greater than 75% of the value of the property. Permitted under the Bank Act s __ provided insured by CMHC
Pregunta 41
Pregunta
What is title insurance?
Respuesta
-
Front page of your insurance policy
-
The name of the insurance
-
What is covered under the policy
-
Insurance to protect against title defects and fraud
Pregunta 42
Pregunta
What is a survey?
Pregunta 43
Pregunta
What are opinion letters?
Respuesta
-
When you voice your opinion
-
A letter telling someone exactly how you feel.
-
Letters required by lenders assuring them that their loan is secure.
-
Telling it like it is
Pregunta 44
Pregunta
Why would you need to order an STC?
Pregunta 45
Pregunta
In addition to the Property Transfer Tax Return, what other documents must be submitted to the land title office to satisfy the requirement of the land title office in the following circumstances:
Respuesta
-
Transfer of a fee simple interest from vendor to purchaser (house) – Form A
-
Transfer a Fee Simple interest from a vendor to the purchaser using a from C
-
Transfer of a fee simple interest from vendor to purchaser (condo) – Form A & Form F
-
Transfer of a fee simple interest from a vendor to purchaser using a form B
Pregunta 46
Pregunta
Name some of the things you will need to do when closing a file after everything in a transaction is completed.
Respuesta
-
Render account (if not already done) & Transfer funds from trust to pay legal fees & disbursements
-
Payout BLH’s after confirmation there are no liens
-
Make sure vendor’s mortgage has been discharged w/in 60 days of closing. If not, report to Law Society w/in 5 days.
-
Send final report to client with a copy of the STC
-
Forward any leftover trust funds to correct person
-
Close file, scan and keep for 10 years