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No part of this material may be reproduced, in whole or in part, RE–8–i (in any manner), without specific written permissions of The Law Society of Saskatchewan. (2009 © The Law Society of Saskatchewan.)

Saskatchewan CPLED Program Real Estate Section 8

Buyer’s Documents

Contents

Letter to Realtor Acknowledging Instructions ................................. RE-8-1 Letter to Mortgage Company Acknowledging Instructions............. RE-8-2 Letter to Buyer Acknowledging Instructions ................................... RE-8-5 Buyer Home Buying Information .................................................... RE-8-6 Buyer’s Retainer Agreement.......................................................... RE-8-14 Letter to Seller’s Solicitor .............................................................. RE-8-17 Residential Contract of Purchase and Sale..................................... RE-8-18 Counter Offer to Residential Contract of Purchase and Sale ......... RE-8-21 Amendment to Residential Contract of Purchase and Sale............ RE-8-22 Notice to Remove Condition(s) on Residential Contract of Purchase and Sale ...................................................................... RE-8-23 Ancillary Services in the Purchase of Residential Real Estate ...... RE-8-24 Residential Contract of Purchase and Sale Schedule “_”............... RE-8-25 Property Condition Disclosure Statement ...................................... RE-8-26 Title Print Result ............................................................................ RE-8-29 Tax Summary – City of Saskatoon (Online Services) ................... RE-8-30 Letter to City Requesting Tax Certificate ...................................... RE-8-31 Tax Certificate................................................................................ RE-8-32 Surveyor’s Certificate/Real Property Report ................................. RE-8-33 Letter to City Requesting Building Information Abstract.............. RE-8-34 Building Information Abstract ....................................................... RE-8-35 Letter to Insurance Agent Requesting Evidence of Fire Insurance................................................................................. RE-8-36 Building Information Abstract ....................................................... RE-8-37 Evidence of Fire Insurance............................................................. RE-8-38 Mortgage Loan – Approval of Mortgage Loan.............................. RE-8-39 Mortgage Loan – Statements of Disclosure ................................... RE-8-40

Real Estate Section 8 Buyer’s Documents 2009 © The Law Society of Saskatchewan

RE-8-ii Saskatchewan CPLED Program

Mortgage Loan – Requisition to Solicitor/Notary for First Mortgage/Hypothec........................................................................RE-8-41 Mortgage ........................................................................................RE-8-42 Direction for Payment ....................................................................RE-8-48 Declaration as to Possession...........................................................RE-8-49 Buyer’s Statement of Adjustments .................................................RE-8-51 Estimated Funds Required to Purchase ..........................................RE-8-52 Land Registry Packet......................................................................RE-8-53 Letter to Seller’s Solicitor Paying “Balance to Mortgage” ............RE-8-60 Letter to Mortgage Company Requisitioning Mortgage Proceeds..........................................................................................RE-8-61 Letter to Seller’s Solicitor Paying Balance to Complete the Transaction........................................................................................................RE-8-63 Mortgage Loan – Solicitor’s/Notary’s Preliminary Report on Title................................................................................RE-8-64 Interim Reporting Letter to Buyer..................................................RE-8-66 Statement of Receipts and Disbursements .....................................RE-8-68 Statement of Account .....................................................................RE-8-69 Final Report to Buyer .....................................................................RE-8-71 Final Report to Mortgage Company...............................................RE-8-72

The documents that follow are samples that may be used in the administration of a residential real estate transaction and should be considered as such.

It is realized that the manner in which residential real estate transactions are administered in Saskatchewan may also be administered in accordance with the Western Law Societies Conveyancing Protocol (also referred to as the Torrens Protocol).

For further information on the Torrens Protocol, please consult The Law Society of Saskatchewan’s website (www.lawsociety.sk.ca).

Real Estate Section 8 2009 © The Law Society of Saskatchewan Buyer’s Documents

Saskatchewan CPLED Program RE–8–1

Letter to Realtor Acknowledging Instructions

Byer Law Office Date

Via Fax Real Estate Brokerage Address City, Province Postal Code ATTENTION: Agent Dear Sir or Madam: RE: [Name of Seller] to [Name of Buyer] Sale of: [Street Address, City, Province] OUR FILE: I acknowledge receipt of your instructions for the above-noted transaction. Thank you for referring the [Name of Buyer]s to my attention. I am contacting the solicitor for the seller, requesting that the transfer authorization be prepared, signed and forwarded to our office. Upon receipt, I will be contacting the [Name of Buyer]s, discussing the Statement of Adjustments, collecting the balance of monies to close and attending to registration. In the meantime, if you should have any questions concerning this transaction, please contact me. Yours truly, Byer Law Office


RE-8-2 Saskatchewan CPLED Program

Letter to Mortgage Company Acknowledging Instructions

(3 Pages)

Byer Law Office Date Name of Mortgagee Address City, Province Postal Code Attention: [Name, Mortgage Officer] Dear Sir:: Re: [Name of Buyers] Property: [Street Address, City, Province] Mortgage Reference Number: Our File No. This will acknowledge receipt of your instruction to prepare a mortgage on the above property. Respecting your instructions, there will be certain limitations and qualifications on the opinion that I can give you. The reasons for such limitations and qualifications are: 1. Property Taxes To be in a position to advise you as to the status of real property taxes levied by the municipality, I rely on a Tax Certificate supplied by it. Municipalities may add supplemental tax levies to the tax roll after the date any Tax Certificate has been issued. Pursuant to applicable Saskatchewan legislation certain rates and charges also may be added to the tax roll after the date of the Tax Certificate. Accordingly, although I will provide you with a Tax Certificate from the municipality, I will only certify to you the status of the tax account as of the date of the Tax Certificate. 2. Zoning Bylaws To be in a position to advise you that the property complies with various municipal bylaws, I rely upon a Building Information Abstract / Siting and Building Certificate supplied by the municipality. Certain municipalities qualify their Building Information Abstracts. They state that the Abstract does not certify or imply that the building complies with municipal building and zoning bylaws and applicable Saskatchewan legislation. Thus, in lieu of providing an opinion as to zoning bylaws, I will provide you with a Building Information Abstract based on the most current survey that is made available to us. I will draw your attention to any irregularities that may be disclosed in the Building Information Abstract.


Saskatchewan CPLED Program RE-8-3

3. Fire Insurance I will obtain confirmation that fire insurance is in effect in the amount required in your instructions and that you are named as first loss payable on the policy. I will also verify the name of the issuer, the policy number and the commencement and expiry dates of the insurance policy. This information is provided to me by the insurance agent by way of cover note or written memorandum. In most circumstances you will receive a copy of the insurance policy directly from the insurer or its agent. As I do not usually receive a copy of the policy, my opinion concerning fire insurance coverage is based solely on the information provided by the borrower’s insurance agent and does not include a review of the insurance policy. 4. Status of Title I will provide you with a Title Print for the property and will certify to you that your mortgage is or will be a first charge against the property, subject to any easements or encumbrances registered against the title that, in my opinion, do not adversely affect your security. Title to the property will, however, by implication be subject to those reservations, exceptions, qualifications or implied conditions specified in The Land Titles Act, 2000, S.S. 2001, c. L-5.1, and any and all unregistered liens, charges, adverse claims, security interests and other encumbrances of any nature (the “Unregistered Encumbrances”) now or later claimed or held by Her Majesty the Queen under any applicable legislation. As the Unregistered Encumbrances are not registered on title, I am unable to give you an opinion on them and my opinion to you is qualified accordingly. 5. Enforceability of Your Mortgage The enforceability of your mortgage is subject to legislation affecting the rights and remedies available to creditors, and the availability of any remedies to either you or the borrower may be subject to the Court’s discretion before which any proceeding to enforce the mortgage may be brought. 6. Receipt of Final Report You have instructed me to provide the final report and supporting documentation such as the original mortgage within 30 days of receipt of mortgage funds. This may not be possible, as I have no control over when the seller’s mortgage will be discharged from the title to the property. Once I have been notified that the seller’s mortgage has been discharged from the title, within seven days I will provide you my final report and supporting documentation.



7. Conflict of Interest I am acting for the borrower on the purchase of the property and for you in preparation and registration of the mortgage. Should a conflict of interest arise between you and the borrower and it cannot be resolved by negotiation, I will be precluded from acting for either of you, and will notify you of the need to retain new counsel if this should develop. Likewise, since I am representing both of you, I cannot keep any material information confidential from either of you. 8. Value of the Property I offer no opinion as to the value of the property. 9. Knowledge of the Borrower I offer no opinion as to the credit worthiness of the borrowers. As well, I confirm I will review two pieces of identification specified by you for each of the borrowers. However, my opinion as to the identity of the parties is qualified by the fact that I have no way of determining if the identification supplied was obtained fraudulently or not. If you have any concerns about the matters raised in this correspondence, please contact me immediately. Otherwise, I will be proceeding with preparing, registering and reporting on your mortgage on the assumption that the limitations and qualifications contained herein are acceptable to the lender. Yours truly, Buyer Law Office



Letter to Buyer Acknowledging Instructions

Byer Law Office

Date [Name of Buyers] Address City, Province Postal Code Dear Mr. and Ms. [ ]: Re: Purchase (Purchase and Mortgage) of [Street Address, City] Thank you for asking me to perform the legal work related to your purchase of [Street Address, City], Saskatchewan. I am pleased to be acting on your behalf and am currently performing the necessary searches. The next step is to prepare the mortgage and related documents. I enclose some information concerning your purchase that you should read as soon as possible, as it clarifies some of the items that need to be considered. Specifically, please find enclosed:

• Buyer’s Home Buying Information; and • Retainer Agreement (to be signed when we meet to review and sign documents).

Please call me as soon as possible and advise me of your full names, if you want to own the property as joint tenants, whether you will be public or separate school supporters, and the name and phone number of your insurance agent. Once I have this information and instructions from your mortgage company, I will be able to complete the work necessary to finalize this transaction on your behalf. I look forward to meeting with you in order to complete all papers required to finalize your purchase. Should you have any questions, please call me. Yours truly, Byer Law Office Enclosures



Buyer Home Buying Information (8 Pages)

Byer Law Office

BUYER HOME BUYING INFORMATION CIVIC: [Street Address, City] POSSESSION DATE: * OUR FILE: * 1. Manner of Ownership Of Title Please telephone our office to confirm the proper spelling of your full names and whether you wish to be described on your title as joint tenants (each one of you owns the entire property so there is a right of survivorship if one of you should pass away), tenants in common (each of you owns 50% of the property, and one of you can sell your 50% share, without the other one of you having to sell, too), or in a single name. 2. Utilities

A. If you are purchasing a property located in [Name of City], please make arrangements with The City of [ ], SaskPower/SaskEnergy and SaskTel to have all meters read and telephones transferred into your name effective on Possession Date.

B. If you are purchasing a property located in a Town or located on an Acreage,

please make arrangements with Local Municipality, SaskPower/SaskEnergy and SaskTel to have all meters read and telephones transferred into your name effective on Possession Date.

C. The Statement of Adjustments for this transaction will not include adjustments

for telephone, gas, water or electricity. It is the responsibility of the Seller and the Buyer to have final readings taken on Possession Date and to adjust and settle these matters directly between themselves.

3. Taxes on Properties If the current year’s taxes are known, the tax adjustment will be based on the actual taxes for the current year. If the current year’s taxes are not known, the tax adjustment will be based on the previous year’s taxes. It is our responsibility to notify the municipal authority that you own the property, and we will be preparing the appropriate form for you to sign. In order to complete this form, please advise if you will be a Public School or Separate School supporter.



If you are purchasing property in the City of [ ], you may have the option of paying property taxes by installments, as the City operates a tax installment payment plan (T.I.P.P.S.). If you are interested in learning more about this program, or if it is available for you, please ask me about it by the 10th day of the month before you obtain possession of your new home. This way, if you decide to pay your taxes in this manner, you will be able to register before the City’s deadline of the 15th of the month. 4. Fire Insurance Particulars Fire insurance coverage must be placed on your new home and be effective as of Possession Date. (May we suggest that such insurance should take effect by noon on the day prior to the Possession Date just in case early possession can be granted.) Prior to possession, please contact me and advise as to the name and address of your insurance broker, so I can contact them to obtain a letter of confirmation or a certified copy of your fire insurance policy.

If you are purchasing a condominium, you may not be required to purchase fire insurance (see If You Are Purchasing a Condominium: Items to Consider). However, you will need to forward a copy of the Estoppel Certificate, Bylaws, and Fire Insurance Certificate to my office as soon as possible. 5. Verification of Identity In an effort to be proactive regarding the threat of identity theft, mortgage companies are now instructing lawyers to review a client’s identification. Without this, they will not advance mortgage funds. Accordingly, we ask that you photocopy both sides of your driver’s license (photo identification and the written portion) or the photo page of your passport; and both sides of your social insurance number card or birth certificate. Please bring the original documents and the photocopies to our meeting when you will sign the mortgage documents. 6. Survey Requirements Most mortgage companies will require prior to the advancement of mortgage funds a Real Property Report (Surveyor’s Certificate) on their file. I strongly recommend that you should consider the obtaining of a current Real Property Report (“RPR”) for your new property showing the current exact dimensions of the property and the location of all improvements. Some Lenders do not accept a RPR if it is more than one year old; another applies a 20-year limitation on the age of the RPR; others leave it to the discretion of the lawyer. A RPR is subject to copyright protection. This means it cannot be photocopied without the owner’s consent. Ownership is not transferable to a purchaser. If there have been any changes to the property since the last Real Property Report, or if the seller does not have an original, a



new RPR, at a cost of approximately $450, will be required. Such a Report would disclose issues such as encroachments (the fence is actually built on your property instead of the property line) and would allow these deficiencies in title to be corrected. In the alternative, many Lenders allow a purchaser to obtain title insurance, at a cost of $229. We can discuss this further. The following are the survey requirements as it affects your purchase:

___ RPR is required by your Lender ___ RPR not required by your Lender ___ Seller is to supply RPR (Surveyor’s Certificate) ___ RPR is available from Seller’s Lender ___ Lender will accept title insurance in lieu of a RPR

7. Statement of Adjustments The Statement of Adjustments for this transaction will be prepared from information provided by provincial and municipal government offices, realtors, mortgage companies and others and although believed to be correct, its accuracy cannot be guaranteed and if the figures are in error further adjustments will be required between the Seller and the Buyer. Accordingly, the Statement when prepared, should be read carefully to verify its accuracy. Errors and Omissions are excepted. 8. Interim Financing If you are selling and purchasing a new property on the same date, it is possible that the monies from your sale will not be releasable to you for applying on your new purchase until a few days after possession. You should therefore immediately contact the solicitor who is acting on your behalf on the purchase of your new property to see if interim financing will be required in order to obtain possession of your new property without delay. 9. Items to Consider Prior to Possession

A. Change all locks.

B. I have not checked the zoning of the property (unless required by your Lender), or for violations of health, fire, building or municipal or provincial bylaws or ordinances. If you are concerned about any of these matters, you should check with the appropriate municipal or provincial authorities.

C. Will your property be subject to any underground easements which may restrict building?



10. Costs To Be Borne By You As The Buyer

A. Legal Fees, which includes searching and investigating title, preparing documents including Mortgage and Order For Payment (if a new mortgage is being obtained by you), obtaining assumption statement from the Lender if the existing mortgage is being assumed by you, obtaining transfer authorization and Certificate of Exempt Property as required by the Excise Tax Act, preparing Statement of Adjustments; communicating with the Seller’s solicitor, attending with you to review all documents, and collecting the balance of funds to close.

B. Real Property Report or Title Insurance, if required by the Lender.

C. Building Information Abstract (confirms no zoning infractions), if required by your Lender.

D. Tax Certificate, if required by the Lender.

E. Cost of the Mortgage, including appraisal costs, accrued interest, mortgage insurance and application fee.

F. Fire insurance premium.

G. Utility hook-ups.

H. Interest to Seller, if agreed to be paid by you (the standard real estate residential purchase and sale contract states that the buyer will pay the seller interest at a Bank of Canada Overnight Rate plus four per cent (4%).

I. Tax Adjustments.

J. Applicable Provincial Sales Tax and Goods and Services Tax.

K. Land Registry Costs: a. search the title before and after the title transfers in your name (10 per search per title) b. search any easement registered against the title to the property (at least $5 per easement) c. register the Transfer Authorization (0.3% of the value of the property, usually the purchase price, plus at least $10 in application fees) d. register the mortgage (460 for registration on 1 - 4 titles)

L. All disbursements, such as a. postage b. photocopying c. fax charges d. telephone long distance charges e. courier charges



11. Life Insurance Have you considered purchasing mortgage life insurance? This type of insurance will pay off the balance remaining owing on the mortgage in the event of the death of the policy holder. This is not the same as Canadian Mortgage and Housing Corporation (CMHC) mortgage loan insurance. Most mortgage companies will offer this option to you and for maximum protection, all Borrowers should be covered. With this type of insurance, the premiums you pay remain constant. If the policy holder dies when there is only $10,000 owing on the mortgage that is all the lender pays. An alternative is to obtain private term life insurance, for a set amount. If you mortgage is for $90,000, you could obtain $100,000 of life insurance. If the policy holder dies when there is $10,000 owing on the mortgage, the person named as the beneficiary on the policy, or your estate, would receive $100,000. 12. Inspection Of Home On Closing Date Your Real Estate Agent will obtain all the available keys for the property on Possession Date. You should do an inspection of the property with your agent to ascertain if it is in the same condition as it was on the date you signed your offer. If there is damage or if some items which were to remain with the property are missing, your agent will make a list of these defects and forward it on to us. If satisfactory arrangements cannot be made to have missing items returned or damage repaired, the only remedy available to you as a Buyer is to commence court action against the Seller for compensation. There can be no hold back from your purchase funds to cover damages or missing articles. 13. If You Are Obtaining a Mortgage: Items to Consider

A. An Open Mortgage allows you to repay all or part of the total amount of your mortgage at any time without penalty.

B. A Closed Mortgage usually has the lowest interest rate but lacks the flexible features of other mortgage options. Prepayment options are available but are subject to conditions.

C. A Portable Mortgage provides flexibility if you should move. You can take this mortgage to your new property without paying a mortgage penalty for early payment.

D. A Conventional Mortgage allows you to borrow up to 75% of the purchase price or the value of the property, whichever is less. In order to have a Convention Mortgage, you must pay 25% of the purchase price as a down payment.



E. An Insured or High Ratio Mortgage allows you to borrow up to 90% (95% for qualifying first time home buyers) of the purchase price or the value of the property, whichever is less. The down payment can be as low as 10% (5% for qualifying first time home buyers).

F. The down payment moneys and cash required to close your purchase must come from your own resources and cannot be borrowed. In certain circumstances, the down payment moneys can be paid to you by way of a gift, as long as your lending institution is fully aware of this and a proper gift letter is prepared and presented to your mortgage lender for their approval. Please note that I will require cash required to close your purchase (difference between mortgage funds and balance of cash to close, plus the costs to be borne by you) in the form of a bank draft or certified cheque. Then I do not have to wait 10 days for the funds to clear your bank account before submitting the transfer documents to the Land Registry.

G. The Amortization is the period of time required to reduce your mortgage debt to zero when payments are made regularly, on the dates agreed to by you and your Lener. Most mortgages are amortized over 20 to 25 years.

H. The Term of your mortgage is the length of time when you will be paying a specific interest rate on your mortgage loan. Usually mortgage terms are between six months and five years. As such, you may not have paid off your entire mortgage principal at the end of the Term.

I. An easement is a right acquired for access to or over, another person’s land, for a specific purpose. A typical example is a utility easement which allows the utility company access to a portion of your property for the purpose set out in the agreement. In such easements, the owner of the property agrees not to place any structures on trees over the easement. If an easement(s) is registered against the property, I will obtain a copy for you, so you have it for reference in the future.

J. Mortgage Companies (Lenders) may retain moneys from your mortgage funds to cover future taxes, accrued interest or repairs which may be necessary. If there will be hold backs, then these will be specified in your mortgage commitment letter. Make sure that you know what deductions your mortgage company will make upon advancing mortgage funds.

K. Does your mortgage contact allow for any prepayment options? The more money you can repay to your Lender the less interest you will pay. Know what your prepayment options are and if you are financially able to take advance of these options, do so.



14. If You Are Assuming a Mortgage: Items to Consider

A. Must you qualify to assume the mortgage?

B. Is the mortgage in a current position (i.e., all payments have been made on time)?

C. When will you start making mortgage payments?

D. Will you also be assuming a Mortgage Tax Account?

E. What prepayment options are contained in the mortgage contract? Check if these options are contained in the mortgage or in a separate agreement.

F. Is the mortgage which you are assuming an open or a closed mortgage?

G. Does the mortgage which you are assuming contain a portable option?

H. Does your mortgage contract allow you to make mortgage payments more frequently than once a month?

15. If You Are Purchasing a Condominium: Items to Consider

A. Make sure you have reviewed and understand the General Bylaws for the condominium corporation, together with the rules and regulations which apply to all owners and tenants of the condominium. The Rules and Regulations will be attached to the Bylaws. These Rules and Regulations restrict what you can do in your unit.

B. Do the monthly condo fees include or exclude utility charges?

C. The title that you are purchasing consists of the area from wall to wall, and from ceiling to the floor. Everything else is common elements. It is important to know what you own and what is common property, especially regarding repairs.

D. What parts of the common property do you have an exclusive right to use? This may include the backyard, the front yard, a storage locker and the parking stall. Is your parking and/or storage facilities a leasehold interest, an exclusive interest, an allocated interest or is it part of your condo title?

E. Are there any Rules or Regulations which have a serious affect on you and your enjoyment of your condo? Pet Clauses are the usual restriction which may concern you.

F. Remember that under the bylaws of the condominium association, you may be required to spend money on an expenditure which you oppose, such as upgrading the recreational facilities.



G. Does the condominium association retain a key to your premises in order to have access in an emergency situation? Can you change the locks to your unit without first having the permission of the condo association?

H. How easy is it to change a clause contained in the Bylaws? How can change be made to the Rules and Regulations?

I. Know who are the directors of the condominium association, and attend the meetings. If there is something that you want changed or a rule or regulation that you wish to abolish, attend the meetings. You may wish to be elected to the association’s Board of Directors.

J. Prior to selling your unit, must you give a notice to the condominium association? Must a notice be given if you intend to lease the unit?

K. Although insurance is arranged by the condominium association, this master policy does not protect you and what happens within the space of your unit. I strongly suggest that you speak to your insurance agent and arrange insurance which will cover your unit. Your agent should be able to suggest a condo unit package which is suitable for your needs as a condo owner. Make sure that all improvements within your unit are covered, that you have adequate liability insurance. You may also wish to have inserted in your policy protection in the case the condominium association’s insurance coverage is insufficient in the case of damage to the common property. Remember that as a member of the condo complex, you as an owner would be required to make up the shortfall by way of a special assessment. Check with your insurance agent as to Loss Assessment Coverage.

L. If you are obtaining a mortgage on your condo unit, what special clauses does your mortgagee require to be inserted into the mortgage document?

16. Appointment For Signing Documents The appointment for signing is usually restricted by when the mortgage is prepared. Most mortgage companies only provide me with mortgage instructions 7 to 10 before the Possession Date. Once the mortgage is completed, I shall contact you to arrange a convenient time and location for reviewing and signing documents. I meet clients as early as 7:00 a.m., evenings, and on weekends - whatever works for you. This is also the time when you will have to bring me the balance of cash to close plus your costs, in the form of a bank draft or certified cheque. If you have any question concerning your home purchase, please contact me immediately at [phone number] or via email at [Email OR VIA EMAIL AT law office email address.



Buyer’s Retainer Agreement (3 Pages)

TO: [Name of Buyer’s Lawyer], Barrister & Solicitor FROM: [Name of Buyer] RE: Purchase of: [Street Address, City, Province] Possession Date: File Number: In this agreement, you and yours [Name of Buyer’s Lawyer] and I, me and my means the person or persons signing this agreement. The following agreement sets forth the scope of my retainer with you. Retainer as Lawyer You are hereby retained as my lawyer to conduct the above transaction and to take such action as you may deem advisable to finalize it. I may instruct you either orally or in writing. I acknowledge that you are limited in your actions by the contract of purchase and sale that I have entered into. I understand that any changes to this contract can only be accomplished with the seller’s consent. Scope of Retainer I am retaining you to search and investigate title to the subject property; conduct a tax search; if I am obtaining a new mortgage prepare the mortgage and any other documents required by my lender; if I am assuming an existing mortgage obtain an assumption statement from the lender; prepare a statement of funds required from me to complete this transaction; prepare a statement of adjustments, verify my identity, arrange for a new Real Property Report or title insurance on my behalf, obtain the transfer authorization and related documents from the seller; obtain a Goods and Services Tax exemption certificate from the seller; advise me of my obligations to arrange for any own utilities; meet with me to review and sign all of the documents which you have prepared for me; register the title and mortgage (if any) at the Land Registry; requisition and disburse the mortgage proceeds; and report to me and my lender at the conclusion of this transaction. Excluded from Retainer I am not retaining you to conduct searches regarding zoning of the subject property (unless required in writing by my lender); verify compliance with municipal or provincial by-laws, ordinances or legislation pertaining to health, fire, building or environmental matters (including but not limited to legality of suites, location of utility lines or outbuildings thereon, wood stoves or fire places or chimneys); advise me on any aspects of income tax, capital gains tax or Goods and Services Tax other than with respect to this purchase of my own principal residence.



If I am concerned about any of these matters, I will check with an accountant or the appropriate governmental authorities. I acknowledge that the accuracy of any information provided to you by federal, provincial or municipal offices, realtors, mortgage companies and others, although believed to be correct, cannot be warranted or certified by you. Survey Certificate and/or Real Property Report You have advised me and I understand that a survey certificate or Real Property Report can only be certified by the surveyor who prepared it and that it is protected by copyright. Accordingly, if the seller has provided me with only a photocopy, I will not be able to rely upon it. It may not show any new constructions (such as a detached garage or a new deck). It may also not show any new encroachments from neighbouring properties (i.e., fence now built on your property) or new easements. These defects could adversely affect the value of my property and could put me to additional expense to correct them in order to comply with municipal building or zoning requirements. You have advised me that an alternative to a new Real Property Report is title insurance. I acknowledge that you have recommended that I obtain a new Real Property Report or title insurance and that my lender may require one before advancing the mortgage funds. I therefore instruct you as follows:

I want you to order a new Real Property Report on my behalf; or I will obtain my own new Real Property Report; or I will accept as sufficient the existing Real Property Report and do not wish to

obtain a new one, and do not wish to purchase title insurance; or I do not wish to obtain a Real Property Report at all, or title insurance; or I wish to purchase title insurance.

Direction for Payment I irrevocably authorize my lender to pay out of the proceeds of my mortgage loan all fees for mortgage insurance, commitment, appraisal, inspection, fees and accrued interest on the amount advanced in connection with the loan and the balance, or so much as may be advanced, to you, in trust. I understand that upon advancement of the mortgage proceeds I will be responsible for accrued interest to my lender. You are irrevocably authorized and directed by me to pay for any funds you receive from me or from my lender any and all amounts that may be required to finalize this transaction. They may include amounts charged by : the Land Registry; the local municipal authority (including any municipal taxes or levies); a registered land survey (if a new survey is required); title insurance (if you choose to purchase same); any appropriate municipal, provincial, or federal government authority (such as any Corporations Branch, Personal Property Registry, or Court); Canada Revenue Agency for any GST payable in connection with this transaction, if applicable; and you for all legal fees, disbursements and applicable PST in relation to this transaction.



I hereby indemnify you for any federal Goods and Services Tax for which you may become liable with respect to any of the foregoing disbursements. Conflict I acknowledge that you have disclosed to me that you are also acting on behalf of my lender and therefore have a potential conflict of interest. I am content that you continue to act on my behalf and understand that you are obligated to disclose to my lender and to me all information which you possess or obtain relevant to this transaction and that no information received from one party in connection with this transaction can be treated as confidential as far as the other party is concerned. I further understand that you cannot continue to act for either my lender or me if any unresolved conflict arises between me and my lender and that my lender and I must then seek our own representation. Consent to Disclosure I understand that you have an obligation to protect my personal information, including my name and address. However, I understand that in order for you to complete the services necessary to complete this transaction on my behalf, you will need to disclose my personal information to other individuals. I understand that by signing this retainer agreement, I consent to the collection, use and disclosure of my personal information by you for the required purposes described above. I understand that, unless I terminate in writing my contractual relationship with [Name of Law Firm], I may not withdraw my consent. DATED at [Name of City], Saskatchewan, this ___ day of ____________, 20__. SIGNED, SEALED & DELIVERED ) In the presence of: ) ) ) [Name of Buyer] ) ) [Name of Buyer]



Letter to Seller’s Solicitor

Byer Law Office

Date [Name of Seller’s Solicitor] [Name of Seller’s Solicitor’s Firm] Address City, Province Postal Code Attention: [Name of Seller’s Solicitor] Dear Sir” RE: [Name of Seller] to [Name of Buyer] Sale of: [Street Address, City, Province] OUR FILE: Please be advised that we act as the solicitors for the Buyers with respect to the above noted transaction. This correspondence is to advise that our clients wish to be designated on title as follows: [Full legal names of Buyer] We look forward to receiving your trust condition letter, Statement of Adjustments, existing original Real Property Report (if applicable), Certificate of Exempt Supply of Real Property, the registerable Transfer Authorization and associated affidavits at your earliest opportunity. Yours truly, Byer Law Office

Real Estate Section 8 Buyer’s Documents 2009 © The Law Society of Saskatchewan `

RE–8–18 Saskatchewan CPLED Program Reproduced with permission from the Association of Saskatchewan Realtors®. Not to be used or reproduced without permission.

Residential Contract of Purchase and Sale (3 Pages)


Saskatchewan CPLED Program RE–8–19 Reproduced with permission from the Association of Saskatchewan Realtors®. Not to be used or reproduced without permission.



Counter Offer to Residential Contract of Purchase and Sale



Amendment to Residential Contract of Purchase and Sale



Notice to Remove Condition(s) on Residential Contract of Purchase and Sale



Ancillary Services in the Purchase of Residential Real Estate



Residential Contract of Purchase and Sale Schedule “______”


RE–8–26 Saskatchewan CPLED Program

Property Condition Disclosure Statement (3 Pages)

Address:

General: Answer each question with "Yes", "No" or "Don't Know", as applicable: Are the improvements connected to public sewer system Yes No Don't Know Are the improvements connected to public water system Yes No Don't Know Are the improvements connected to a private or a community water system Yes No Don't Know Is the present use a non-conforming use Yes No Don't Know Does the property contain unauthorized accommodation Yes No

Don't Know Are the exterior walls including the basement insulated Yes No

Is the ceiling insulated Yes No Don't Know Do the improvements contain asbestos insulation Yes No Don't Know Do the improvements contain urea formaldehyde insulation Yes No Don't Know Has the wood stove/fireplace and/or insert been inspected and approved by local authorities

Yes No

Have you received any notice or claim affecting the property from any person or public body Yes No Don't Know Are all statements in any property information sheets used by the Vendor or their agents true and accurate to the best of the knowledge and belief of the vendors

Yes

No

Structural: Answer each question with "Yes", "No" or "N/A" as applicable Are you aware of any additions or alterations made without a permit Yes No N/A

Are you aware of any structural defects with the improvements Yes No N/A

Are you aware of any problems with the heating system Yes No N/A

Are you aware of any problems with the central air conditioning system Yes No N/A

Are you aware of any moisture, dampness, leaking or other water problems or damage in the basement, crawl space, walls, attic, roof or elsewhere with the buildings or land? Yes No N/A

Are you aware of any damage due to wind, fire, water, insects, rodents or pests Yes No N/A

Are you aware of any problems with the electrical system Yes No N/A

Are you aware of any problems with the plumbing system Yes No N/A



Are you aware of any problems with the swimming pool, hot tub or underground sprinklers Yes No N/A

Are you aware of any problems with built-in appliances or attached fixtures. (ie: garage door opener, central vac, dishwasher, water softener, etc.) Yes No N/A

Are you aware of any encroachments or unregistered rights or way Yes No N/A

Are you aware of or have you been charged with any local improvement levies or taxes Yes No N/A

Are you aware of any problems re: quantity or quality of well water (Gal/min if known) Yes No N/A

Are you aware of any problems with the septic or sewer system Yes No N/AAre you aware or do you have suspicions that there is any environmental contamination of the property including but not limited to petroleum spills or migration onto the property, hazardous wastes stored or buried on the property or any other environmental contamination?

Yes No N/A

Other Comments:

The sellers state that the above information is true, based on the sellers' current actual knowledge as of this date. Any important changes made to this information made known to the sellers will be disclosed to the purchasers before closing. This statement may not be relied upon by anyone other than the purchasers.

___________________________ ________________________________ Date: ____________, 200 . Sellers' signatures

Accepted by the Purchasers. (Purchasers should not sign until reviewed and satisfied with it after Vendors complete & sign first.) If the Purchasers do not agree to buy the Property after seeing this disclosure, do not sign the form. The Purchasers should understand this statement may not provide a remedy for many problems they may discover with the Property. This list is not an exhaustive list of concerns. Some of the statements only say what the Seller knows rather than being a guarantee there are no problems. The Purchasers are are advised to have the property inspected by qualified professionals.

___________________________ ________________________________ Date: ____________, 200 . Purchasers' signatures



INFORMATION ABOUT THE PROPERTY CONDITION DISCLOSURE STATEMENT This information is included for the assistance of the parties only. It does not form part of the disclosure statement.

EFFECT OF DISCLOSURE STATEMENT The disclosure statement will not form part of the Contract of Purchase and Sale unless so agreed to by the sellers and buyers. This can be accomplished by inserting the following wording into the Contract of Purchase and Sale:

“The attached Property Condition Disclosure Statement dated ____________, is incorporated into and forms part of this contract.”

Buyers should ensure that this clause is inserted on the Contract of Purchase and Sale if they are relying on the disclosure statement.

ANSWERS MUST BE COMPLETE AND ACCURATE The disclosure statement is designed in part to protect the sellers by establishing that all relevant information concerning the property has been provided to the buyers. It is important that the sellers not answer “do not know” or “does not apply” if, in fact, they know the answer. An answer must provide all relevant information known to the sellers. In deciding what requires disclosure, the sellers should consider whether they would want the information if they were a potential buyer of the property.

BUYERS MUST STILL MAKE THEIR OWN ENQUIRIES The buyers must still make their own enquiries after receiving the disclosure statement. Each question and answer must be considered and, where necessary, keeping in mind that the sellers’ knowledge of the property may be incomplete, additional information can be requested from the sellers or from an independent source such as the Municipality. Buyers can hire an independent inspector to examine the house to determine whether defects exist and to provide an estimate of the cost of repairing problems that have been identified on the disclosure statement or on an inspection report.

THREE IMPORTANT CONSIDERATIONS 1. Sellers are legally responsible for the accuracy of the information which appears on the

disclosure statement. If it is incorporated into the Contract of Purchase and Sale the buyers will rely on this information when they contract to purchase the property. Not only must the answers be correct, but they must be complete. Even if the disclosure statement is not incorporated in the Contract of Purchase and Sale, the sellers may still be responsible for the accuracy of the information on the disclosure statement if it caused the buyers to agree to buy the property.

2. Buyers must still make their own enquiries concerning a property in addition to reviewing

a disclosure statement, recognizing that in some cases it may not be possible to claim against a seller if the seller cannot be found or is insolvent.

3. Anyone who is assisting sellers to complete a disclosure statement should take care to see that the sellers understand each question and that their answer is complete. It is recommended that the sellers complete the disclosure statement in their own writing to avoid any misunderstanding.

SREA Form #201 – 12/96



Title Print Result Quick Search Results Search By: Current Title Details With Criteria: As of Date = 06-Mar-2002 09:55:26 Title Number = 104379699

Province of Saskatchewan Land Titles Registry

Title Title #: 104379699 As of: 28-Mar-2002 08:59:59 Status: Active Last Amendment Date: 05-Feb-2002 Parcel Type: Surface Issued: 05-Feb-2002 01:10:40 Parcel Value: Title Value: Converted Title: 87R20392

Dale Gestur Sigurdson and Joanne June Sigurdson are the registered owners, as joint tenants, of Surface Parcel #107100155

Reference Land Description: Lot 5Blk/Par 29Plan No.GE191 Extension 0 As described on Certificate of Title 87R20392 This title is subject to any registered interests set out below and the exceptions, reservations and Interests mentioned in section 14 of The Land Titles Act, 2000. Registered Interests: Interest #: 103949983 CNV Caveat Value: Reg'd: 27-Jun-1989 02:28:56 Expiry Date: N/A Holder: Toronto Dominion Bank 196 Massey Road Regina, Saskatchewan, Canada S4S 4N5 Client #: 102412460 Int. Register #: 101527512 Converted Instrument #: 89R36139 Interest #: 104015629 CNV Caveat Value: Reg'd: 27-Jun-1989 02:28:56 Expiry Date: N/A Holder: The Toronto Dominion Bank 196 Massey Road Regina, Saskatchewan, Canada S4S 4N5 Client #: 102649473 Int. Register #: 101527523 Converted Instrument #: 89R38057 Addresses for Service: Name Address Owner: Dale Gestur Sigurdson 1971 Cowan Cres Regina, Saskatchewan, Canada S4S 4C4 Client #: 103453792 Owner: Joanne June Sigurdson 1971 Cowan Cres Regina, Saskatchewan, Canada S4S 4C4 Client #: 103453804 Notes: Parcel Class Code: Parcel (Generic) To request a copy, click here $



Tax Summary – City of Saskatoon (Online Services)

City of Tax Summary as of 5/5/04 10:35:38 AM

Roll Number

Property Address Registered Owner Lien Year

* * * Tax Installment Payment Plan (TIPPS) in effect.

Legal Description Lot Block Plan * & * * *

2004 Assessment Information Assessment Class

Assessment Type

Fair MarketValue

% of Value Exempt Assessment

Taxable Assessment

RES BLDG $* * % $ * $ * RES LAND $* * % $ * $ *

2004 Property Tax Information Tax Balance as of 5/5/04 10:35:38 AM General Taxes $ * Current Balance $ * Phase In $ * Arrears Balance $ * Local Improvements $ * Supplementary Balance $ * Bids $ * Total Balance $ * Special Charges $ * Total Current Tax $ * Enter Reference Number: Order Tax Certificate

New Search

Receivables Summary Last Prepayment Notice Last Property Tax Notice



Letter to City Requesting Tax Certificate

Byer Law Office Date

Via Mail City of [ ] Urban Planning Division Address City, Province Postal Code Dear Sir/Madam; RE: [Name of Buyer] Purchase of [Street Address, City, Province] Our File Number Please provide this office with a Tax Certificate for the aforementioned property that indicates that the 20__ taxes have been paid in full, whether any penalties are payable, and whether any amount remains on deposit in this property’s tax account. Our cheque in the amount of $25 is enclosed to cover your fees. Thank you for your assistance with this matter. If you have any questions, please call me. Yours truly, Byer Law Office Enclosure: Cheque - $25



Tax Certificate

Treasurer's Department

123 Main Street Certificate Number: 3762 Saskatoon, SK

GIVEN UNDER THE AUTHORITY OF SECTION 1234 OF THE URBAN MUNICIPALITY ACT OF THE PROVINCE OF SASKATCHEWAN

Sydney Seller ATTENTION: P.O. Box 123 Saskatoon, SK S7K 1A2 YOUR REFERENCE NUMBER N2020 TAKE NOTICE That the subject property is contingently liable after the date of issue of this Certificate for all rules and charges transferred to the Tax Account pursuant to any Resolution of Bylaw of the City of Saskatoon or Statute of the Province of Saskatchewan and/or any tax levy calculated on a Supplementary Assessment.

Roll Number Property Address LEGAL DESCRIPTION Plan Block Lot 1-48-43-06100

154 Wardoff Crescent 76500003

2 1

TAXES

(INCLUDING PENALITIES)

CURRENT TAX = NIL SUPPLEMENTARY TAX = TAX ARREARS = TOTAL TAXES OUTSTANDING = NIL

I certify that the Taxes on the above described property, levied by the City of Saskatoon to, and including the date note below, are outstanding in the amount of:

NIL Dated this 15 day of May YR0

UTILITY CHARGES PENDING Doug Nixon and Connie Nixon 154 Wardoff Crescent Saskatoon S7K 1A2

REMARKS ASSESSED OWNER(S) * Per *, Manager Revenue Collections Manager



Surveyor’s Certificate/Real Property Report



Letter to City Requesting Building Information Abstract

Byer Law Office Date City of [ ] Building Department Address City, Province Postal Code Dear Madam or Sir: RE: Building Information Abstract Civic: [Street Address, City, Province] Buyer: [Name of Buyers] Our File: We enclose our general office cheque in the sum of $50, along with a photocopy of the Surveyor’s Certificate for the above noted civic address. Would you please forward to our office a Building Information Abstract for the property? Please confirm that there are no outstanding infractions in connection with the building, either with respect to zoning or requirements under City regulations. If there are any outstanding infractions, would you please forward to us a list of the same at your earliest convenience? I would appreciate it if you could telephone our office as soon as possible to confirm that the Abstract will issue. Once the Abstract has been completed by your office, would you please telephone us in order that we may pick it up. We do not wish it to go through the mail. Yours truly, Byers Law Office



Building Information Abstract



Letter to Insurance Agent Requesting Evidence of Fire Insurance

FAX COVER SHEET PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: [Fire Insurance Agent] LOCATION: [Address] RE: [Name of Buyers] Policy No. New Policy – First Loss Payable DATE: FAX NUMBER: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET) 2 SENT FROM: LAW FIRM OF: BYER LAW OFFICE SENT BY: LOCATION: TELEPHONE NUMBER: (306) FAX NUMBER: (306) FAX OPERATOR: ORIGINALS: X RETAINED ON FILE TO BE SENT TO YOU BY REGULAR MAIL OTHER COMMENTS:

PLEASE FORWARD YOUR MEMORANDUM OF INSURANCE TO OUR OFFICE AS SOON AS POSSIBLE, INDICATING THAT THE ADDRESS AS SHOWN ON PAGE 2 OF THIS FAX IS TO BE THE FIRST LOSS PAYABLE WITH INSURANCE COVERAGE EFFECTIVE AS OF CONFIDENTIALITY NOTICE

THIS FACSIMILE TRANSMISSION CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE SUBJECT TO SOLICITOR-CLIENT PRIVILEGES, AND IS INTENDED SOLELY FOR THE PERSONAL USE OF THE DESIGNATED RECIPIENT. If you have received this facsimile in error, any publication, use, copying, disclosure or dissemination of its contents is prohibited. Please notify the sender immediately by telephone (collect) at the number indicated on this page to arrange return of the facsimile at the sender's expense. Thank you for your co-operation.



Building Information Abstract

Byer Law Office Date TO: [Insurance Agent] For the purpose of obtaining mortgage funds we require that a certified copy of fire insurance policy, showing the following information, be provided to our office: NAME OF INSURED: [Name of Buyers] ADDRESS OF PROPERTY: [Street Address, City, Province] LEGAL DESCRIPTION:

LOSS PAYABLE: [Name of Mortgagee] Address City, Province AMOUNT OF COVERAGE: Replacement Cost of Building or $ , whichever is

less TYPE OF COVERAGE: Fire and extended coverage insurance or all risks insurance ** We would ask that the Standard Mortgage Clause approved by the Insurance

Bureau of Canada be attached to the policy. As well, please indicate the policy number and the commencement and expiry date of the Insurance Policy.

Please send our office confirmation of the above insurance being in place effective as of [Possession Date], by fax, to 306- . Please fax your Memorandum of Insurance and Certified Copy of Insurance Policy to our office as soon as possible. We thank you for your prompt attention in this regard. Yours truly, Byer Law Office



Evidence of Fire Insurance



Mortgage Loan – Approval of Mortgage Loan



Mortgage Loan – Statements of Disclosure



Mortgage Loan – Requisition to Solicitor/Notary for First Mortgage/Hypothec



Mortgage (6 Pages)



Direction for Payment

To: _________ (the “Lender”)

And to: ____________ (the “Law Firm”)

Re: Security on [Street Address, City, Province]

We irrevocably assign the net proceeds of our loan on the above Security along with any refunds of loan commitment, application, standby or other fees to the Law Firm in trust. They may pay the funds along with any other trust funds they hold as follows: 1. Legal fees and disbursements plus applicable PST and GST.

2. The balance to pay the purchase price of the property.

We understand that the [Law Firm] acts for us and the Lender. This means that the [Law Firm] is obligated to disclose material information it receives from one party to the other and that it cannot act for either if a dispute arises that cannot be resolved. We do not wish to hire a separate independent lawyer. Dated the ____ day of __________, 20____. ____________________________ ____________________________ Witness ____________________________ ____________________________ Witness



Declaration as to Possession (2 Pages)

IN THE MATTER OF THE PURCHASE AND MORTGAGE OF: [Street Address, City, Province] (the “land”) We, [Name of Buyer] and [Name of Buyer], of [Name of City], Saskatchewan, DO SOLEMNLY DECLARE THAT: 1. We are entitled to be the registered owners of the above referred to land and premises. 2. We will be responsible for all utility payments on the said lands and premises from

Possession Date. 3. There are no orders under the Bankruptcy Act and Insolvency Act, or litigation

pending or threatened against me or judgment or executions against us. 4. There will be adequate fire insurance coverage in force on the said buildings on the

said land and the premium has been/or will be paid in full and is in effect as at Possession Date, with loss payable to [Name of Mortgagee].

5. We undertake to pay interest upon any balance of the purchase price not paid by us at

Possession Date of the said transaction at the rate set out in our OFFER TO PURCHASE, these monies to be paid to our solicitors, [Name of Law Firm], in trust for the purpose of remitting the same to the solicitors for the unpaid Seller.

6. We hereby appoint [Name of Law Office] to be our agents for this transaction and

particularly our agent for the purpose of incurring any “zero rated or exempt expenses” under the Excise Tax Act (Canada), and section 178 thereof, with regard to this purchase and/or mortgage transaction which [Name of Law Office] is handling on our behalf and direct that they make any disbursements necessary to effect this transaction as our agents.

7. We hereby irrevocably direct, transfer and set over to [Name of Law Office] all the

proceeds of our mortgage for the purpose of applying the mortgage proceeds towards the purchase pf the land and to legal fees and disbursements directly related to the purchase and mortgage transactions as our agents.



And we make this solemn declaration conscientiously believing it to be true, and knowing it is of the same force and effect as if made under oath. SEVERALLY DECLARED BEFORE ME ) at the City of [ ], in the Province of ) _________________________ Saskatchewan, ) Buyer this ____ day of __________, A.D. 20__. ) ) _________________________ __________________________________ ) Buyer A Commissioner for Oaths in and for the Province of Saskatchewan Being a Solicitor



Buyer’s Statement of Adjustments

Buyers: Sellers: Civic Address: Adjusted as of: Our File No.:

CREDIT DEBIT PURCHASE PRICE: $ DEPOSIT: $ PREPAYMENT OF TAXES (TIPPS) VENDORS’/PURCHASER’S SHARE OF TAXES (/365 x $) CONDO FEE ADJUSTMENT CASH TO CLOSE $ $ $ E. & O.E. This Statement has been prepared based upon information provided to us and believed to be correct. However, its accuracy is not guaranteed. Any adjustments not contained in this statement are to be made directly between the Vendors and the Purchasers. When the Vendors receive a tax credit the Vendors will then be responsible for payment of the full amount of taxes for the current year, unless otherwise agreed to between the parties and their solicitors. Unless otherwise expressly provided in writing, the parties to the transaction shall adjust utilities, accounts and like services themselves. The parties shall arrange for their own insurance or assignment of existing policy.



Estimated Funds Required to Purchase

Buyers: Sellers: Closing: Property: CASH TO CLOSE $ (as per Statement of Adjustments) LESS: Gross Mortgage Amount $ Less Insurance Premium - Less Application fee - NET MORTGAGE PROCEEDS $ TOTAL: $ PLUS FEES AND DISBURSEMENTS: FEES: Purchase (Law Society Tariff) $ Less Courtesy Reduction ($) Subtotal $ Mortgage $ Less Courtesy Reduction ($) Subtotal $

ESTIMATED DISBURSEMENTS: Registration of Transfer $* Registration of Mortgage $150.00* Title Insurance $200.00* Submission Fee $ 20.00* Title searches $ 30.00* Tax search and certificate $ 20.00* Miscellaneous $ 50.00 Subtotal: $ PST (on fees only): $ GST (on fees & disbursements): $ TOTAL ESTIMATED FEES, DISBURSEMENTS AND TAXES: $ ESTIMATED INTEREST PAYABLE TO THE SELLERS: ( /365 x $ x %) $ TOTAL CASH REQUIRED TO CLOSE (Including Estimated Fees and Disbursements) $

* Denotes a G.S.T. Exempt Disbursement

E & O.E.



Land Registry Packet (6 Pages)



Mortgage Document (Mortgage Document to be placed here)



Letter to Seller’s Solicitor Paying “Balance to Mortgage”

Byer Law Office

Date

Via Courier [Seller’s Law Firm] Address City, Province Postal Code S7B 1P6 Attention: [Name of Seller’s Lawyer] Dear Sir: RE: [Name of Buyer] from [Name of Seller] Purchase of: [Street Address, City, Province] OUR FILE: Further to your trust condition letter of [ ], I enclose my trust cheque in the amount of $**, representing the balance to mortgage for this transaction. The balance of funds is to be provided by way of new mortgage proceeds. This will confirm that my clients have executed all mortgage documentation necessitated by their lender and have arranged for adequate fire insurance on the subject property. Please be also advised that I have submitted documents to the Land Registry for registration and I will advise your office upon registration. Yours truly, Byers Law Office Enclosure: Cheque $**



Letter to Mortgage Company Requisitioning Mortgage Proceeds

(2 Pages)

Byer Law Office

Date

Via Courier Mortgagee Address City, Province Postal Code Attention: [Mortgage Officer] Dear Sir: Re: [Name of Buyers] [Street, City, Province] Mortgage Reference Number Further to your instructions of [Date], I enclose the following documents for your reference and file:

1. Copy of Title; 2. Copy of executed Mortgage; 3. The Lawyer’s Requisition for Funds; 4. The Mortgage Approval form duly executed by the borrowers; 5. The Statement of Disclosure form duly executed by the borrowers; 6. An original signed copy of the mortgage with certification of interest

registration no. 123456789; 7. A copy of the Surveyor’s Certificate/Real Property Report for the subject

property; 8. An original Irrevocable Assignment of Mortgage Proceeds and Authority and

Direction signed by the borrowers; 9. A copy of the tax summary indicating that the taxes for the subject property

are paid up to and including December 31, YR0; 10. A copy of the Insurance Policy indicating first loss payable to Scotia

Mortgage Corporation as lender; 11. Solicitor’s Interim Report on Title. Accordingly, I wish to requisition the full proceeds of the mortgage loan for disbursement on the morning of [date]. Please telephone my office when funds are ready to be picked up.



In order to complete your security requirements with respect to this loan I shall provide you with the following as soon as reasonably possible:

1. A copy of the title confirming that the foregoing mortgage is registered as a first charge against title to the subject property;

2. Solicitor’s Final Report on Title. I trust the enclosed is to your satisfaction and look forward to receiving the full mortgage proceeds as indicated above. Yours truly, Byer Law Office Enclosures



Letter to Seller’s Solicitor Paying Balance to Complete the Transaction

Byer Law Office Date [Name of Seller’s Solicitor] Address City, Province Postal Code Dear Sir: Re: Civic: [Street Address, City] Seller: Buyer: Our File: Further to my letter of [ ], documents have satisfactorily registered at the Land Registry. Accordingly I enclose:

1. My trust cheque $** representing the balance required to complete this transaction, calculated as follows:

2. Copy of Title(s) in the buyer’name; The above-mentioned amount was calculated as follows:

Balance required as at [date] $ Balance forward as at [date] $ Balance remaining $ Accrued interest to [ ] $ (* days @ *% per annum) Balance paid as at [ ] $ I trust that the enclosed will complete this transaction. Please advise me when your client’s mortgage has been discharged in due course. Yours truly, Byer Law Office Enclosure



Mortgage Loan – Solicitor’s/Notary’s Preliminary Report on Title

(2 Pages)

Byer Law Office

Date

Via Canada Post Mortgagee Address City, Province Postal Code Regina, SK S4X 4C9 Dear Sir or Madam: Re: [Name of Buyers] Report on Security Mortgage Security - [street address, city of property] Our File: Your Reference No: In accordance with your instructions, we enclose: 1) our Preliminary Report on Title regarding the aforementioned property; and 2) duplicate registered mortgage. We anticipate being in a position to forward our final report to you in the near future, once the vendor’s mortgage has been discharged from the title. If you have any questions, please contact me.

DATED at [City], Saskatchewan, this ____ day of _______, 20__. Byer Law Office Per



Interim Reporting Letter to Buyer (2 Pages)

Byer Law Office

Date [Name of Buyer] Address City, Province Postal Code Dear [Name of Buyers]: Re: [Name of Buyer] from [Name of Seller] Purchase/Mortgage of [Street Address, City] File Number: Further to my voicemail message, title to [Street Address, City] has registered in your name. I enclose the following documents for your records: 1. Statement of Adjustments. 2. Calculation of Funds Required from Purchaser from which you will note there is

a refund payable to you of $ . This is due to the fact that we collected more interest for late closing than was actually required.

3. A copy of our Statement of Account for legal services rendered which you will

note has been paid in full from monies in trust. 4. Copy of Title Print(s).

5. Original Mortgage. 6. Our trust cheque in the amount of $ representing the balance of funds

collected for your Balance to Cash to Close.

7. Approval of Mortgage and Statement of Disclosure.

8. Copy of the easement registered against the title to your property.

9. Verification of Title Insurance.

10. GST Exemption Certificate provided by the Sellers. As the Mortgage, Approval of Mortgage and Statement of Disclosure and GST Exemption Certificate are original documents, I suggest you keep them in a secure location such as a safety deposit box.



I wish briefly to explain the easement. Because of the easement, your neighbour to the west of your lot has retained an interest in a one foot wide strip of land on the western edge of your property. Without seeing the property, I suspect that the eave on a building on the neighbour’s property is actually above your lot, and a former owner of your property agreed to this. Thus, the easement was registered against the title to your property. The easement is permanent. Even if you do not like the encroachment on your property, it remains, as the easement transfers with subsequent owners. It does not affect the value of your home; it merely states that another individual may use the one foot wide strip on the western edge of it. The prior mortgage registered by [Mortgagee] will be discharged from the above referenced property in the near future and when this has been done we shall be reporting further to you with updated Title Prints evidencing same. As well, I shall forward the actual policy of Title Insurance when I have received this document. This now concludes this transaction. Thank you for the opportunity to be of service. If you have any questions or concerns, please do not hesitate to contact me. Yours truly, Byer Law Office Enclosures



Statement of Receipts and Disbursements

Byer Law Office

Date Re: Purchase of [Street Address, City]

STATEMENT OF RECEIPTS AND DISBURSEMENTS

CREDITS DEBITS

Purchase Price $81,000.00

Interest paid to Seller $46.97

Deposit paid to Realtor [Date} $6,000.00

Tax Adjustment in favour of the seller based upon YR0 taxes

$1,172.60

Received from Buyer [date] $4,739.80

Received from Lender [date] $72,900.00

Paid to Ken Byer for legal fees, G.S.T. and disbursements [date]

$1,215.55

Refunded to Buyers ($251.65)

Prepared by [ ] E. & O.E.

$83,388.15 $83,388.15



Statement of Account (2 Pages)

Buyer: [Name of Buyer] Closing Date: Property: [Street Address, City]

File No. Date: Invoice No.

STATEMENT OF ACCOUNT Re: Purchase and mortgage of [Street Address, City, Province]

- preparation and registration of [Mortgagee] mortgage - compliance with requirements of [Mortgagee]including all searches and documentation - correspondence and telephone attendance on the seller’s solicitor - correspondence and telephone attendances - receipt and distribution of interim financing loan and mortgage funds - to reporting to both the mortgagor and mortgagee

Fees and Disbursements: Fees: Purchase (Law Society Tariff) $ Less Courtesy Reduction ($) Subtotal $ Mortgage (Law Society Tariff) $ Less Courtesy Reduction ($) Subtotal $

Subtotal: $

Disbursements: Registration of Transfer $ * Registration of Mortgage $ 150.00* Real Property Report $ 395.00 Title Insurance $ 200.00 Submission Fee $ 20.00* Title searches $ 30.00* Tax Search and Certificate $ 20.00* Photocopying, postage, telephone $ Subtotal: $

PST (on fees only): $ GST (on fees & disbursements): $

Balance on Account: $ Paid from monies received from trust: $ Balance due: $ 0.00 Total GST: $ GST# *Tax-exempt paid on behalf of client while acting as agent for client

Per: , Barrister and Solicitor



TRUST STATEMENT

Disbursements Receipts [date] Draft from [Bank] $

• Interim financing

[date] Cheque # to seller’s lawyer $ • Balance to mortgage

[date] Direct Deposit from [Bank] $ • Net mortgage proceeds

[date] Cheque # to seller’s lawyer $ • Balance due to close

[date] Cheque # to client $ • Excess trust funds

[date] Cheque # to buyers $ • Payment on Fees

and Disbursements

Total Trust: $ $ Total Trust Balance $ 0.00



Final Report to Buyer

Byer Law Office

Date [Name of Buyers] Address City, Province Postal Code Dear [Name of Buyers]: I am happy to write to advise that the mortgage registered against the title to your property by the Seller has been discharged. Accordingly, I am enclosing new title prints for your records. This now concludes this transaction. I hope you are enjoying your new home and I thank you for the opportunity to be of service to you. If you have any questions or concerns, please contact me. Yours truly, Byer Law Office Enclosure



Final Report to Mortgage Company (2 Pages)

Byer Law Office

Date

Via Mail Mortgagee Address City, Province Postal Code Attention: [Mortgage Officer] Dear Sir: Re: [Names of Buyers] Report on Security Mortgage Security - [Street Address, City, Province] Our File: Your Reference No.: In accordance with your instructions we have a first mortgage in favour of the [Mortgagee] on [address].. Pursuant to your solicitor's requirements and instructions, we would like to report as follows:

Mortgagor(s): [Name of Buyers] [Street Address, City, Province]

Property: Legal description:

Mortgage particulars: Amount - $ Interest Register # – ** Registration date - ** Land Registry - Saskatchewan Solicitor's certificate: We certify that the mortgagor has good and marketable title free and clear of all judgments and other charges and that no registered mortgages, charges or encumbrances materially affecting the mortgaged lands are entitled to priority over your mortgage which we caused to be registered, excepting the vendor’s mortgage which will be discharged in the near future. We are providing a copy of the title print evidencing same.



Taxes: We can advise that the taxes for the above noted property have been paid in full for the 20** tax year. Fire Insurance: We have obtained confirmation of the fire insurance policy showing your institution as the loss payable. Real Property Report: We have reviewed the existing Real Property Report and the client has executed an Affidavit of Examination regarding same. Enclosures: We are enclosing the following documents as requested in your instructions to solicitor: 1. Copy of Title Print;

2. Duplicate Registered Mortgage; 3. Signed Approval of Mortgage and Statement of Disclosure; and 4. Solicitor's Final Report on Title.

Yours truly, Byer Law Office Enclosures