Real Estate Transactions

Course number: LAW 3690

Overview

This course provides an introduction to the law of real estate transactions.  These include primarily transactions involving the sale and purchase of real estate and related personal property and the securing of loans to acquire the properties usually by way of real property mortgages.  Legal issues related to the purchase and sale of property as well as mortgaging or charging those properties will be considered. The emphasis will be on the law related to the specifics of the transactions from a practice perspective. It is hoped that this will assist future real estate practitioners to avoid traps for unwary solicitors. The course will explore the rights, obligations and remedies of Vendors, Purchasers, Mortgagees, and Mortgagors. The legal effects of representative forms, instruments, clauses, and documents in common use in real estate practice will be considered. A brief examination of GST as it affects such transactions will be examined. A brief review of lawyer’s professional duties in real estate transactions will be considered.

A brief overview of the land registration systems in Manitoba will be considered and issues related to real estate litigation. 2 guest lecturers have agreed to participate. Russell Davidson senior lawyer at the Winnipeg Land Titles Office will provide an overview of land registration systems. Faron Trippier a barrister concentrating on litigation practice will provide a lecture on issues related to real estate litigation. The course will look at the interplay of real property and personal property issues and legislation.

The course offers and in depth introduction to an area of law and practice that is essential to general practice of law. The course will be of interest to persons other than real estate practitioners since many of the issues discussed relate to many different areas of law including commercial transactions, family law, litigation, insolvency, and tax and estate planning. In many respects it is a course in applied contracts.

The issues, cases and legislation considered are numerous and frequently lengthy.  Many legal documents will be referred.  This course will require intensive work and students unable to devote sufficient time to the cases, statutes, and materials covered should consider other courses.

The teaching method is a combination of lectures with class discussion. Problems will be given for students to solve with later class discussion. No marks will be awarded for problem solving. All students are expected to participate in class discussions and will be called upon by the instructor from time to time. The instructor believes that students who are not engaged will not be able to learn the subject matter adequately.

The course should be of benefit to students no matter where they practice law (or even if they do not practice law) as the emphasis will be on the law related to real estate transactions and not the completion of documents.

The assessment will be based on a 100% final open book exam.

The instructor is John Neufeld a real estate practitioner with more than 40 years experience in real estate transactions.

INSTRUCTOR:  John Neufeld

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