If there are parts of your home that cannot be considered when using the RMS, but you feel that they are an important sales function, you can share this information with potential buyers in the form of additional information. Make sure the additional information is not misleading, and remember that this size should be RMS size if you include a single size representation in the list. Dower Rights: If you are married in Alberta but your spouse is not a registered owner on your property title, you may need their consent to sell the property. The seller`s representation agreement is for marriage authorization and your real estate professional can provide you with more information. Dower`s rights have been around for almost 100 years. Today, Dower protects the rights of the spouse of a registered real estate owner. In the simple wording, if the spouse is not registered on the title of owner of the house, that spouse must give his consent to sell it. To avoid legal penalties resulting from the negligence of Dower`s rights, the signing of a Dower agreement in a sale transaction or the signing of a Dower release, these are potential solutions. The signing of a dower agreement is also necessary in certain circumstances to obtain a mortgage, because mortgages seek to avoid circumstances where the absence of consent prevents them from applying their conditions. Workers` rights are designed to protect the property rights of an unregistered spouse. Dower`s rights were originally created to ensure that widows could continue to use the family home even after their husbands died, even if they were not registered owners.
The Dower Act does not apply if the couple co-owns the property; For co-owners, consent is not required for the orders referred to in section 25, paragraph 2 of the Act. It is important to note that under Section 20 (1) of the Alberta Law of Property Act, a termination condominium is not considered an order under the Dower Act. By law, sellers and their known real estate agents must disclose known essential latent defects to potential buyers. Exclusions/exclusions: Inclusions are items that you include in the sale of your home, and exclusions are the items you exclude. Be specific with your inclusions and exclusions in your list contract and in all offers/counter-offers. If the house is sold without the consent of the spouse, the Dower Act contains enforcement mechanisms. The spouse may be required to pay his spouse half of the sale value or half of the value of the property at the time of the order, pursuant to section 11 (2) of the law. Executors of the deceased spouse`s estate may be subject to legal action pursuant to Section 11 (3). If the owner`s spouse cannot pay, relief is provided to the non-owner spouse through the Alberta General Income Fund. The owner spouse who sells the farm without consent may also be threatened with criminal sanctions.
Today, The Homestead legislation creates a more reasonable interest, similar to that of the dower. In these statutes, the owner`s spouse no longer has the right to dispose of the farm without the consent of the non-owner-spouse, and the non-owner spouse obtains a right of life on the farm after the death of the spouse, regardless of what is written in the will.