Clark and Clark Lawyers

Clark and Clark Lawyers Clark & Clark Lawyers
Real Estate • Wills & Estates • Corporate
Est. 1995 - We help Albertans buy, sell, plan for, and protect what matters most.

04/17/2026

Joint tenants or tenants in common?

It sounds technical, but it has a big impact.

With joint tenants, if one owner passes, their share goes directly to the other owner.

With tenants in common, their share goes through their Will.

Same property. Completely different outcome.

Clark & Clark Lawyers | Calgary, Alberta | Real Estate • Wills & Estates • Corporate Law | Website: clarklegal.com
Each real estate closing is unique and has its own nuanced considerations. For tailored, practical legal advice and assistance with closing your real estate purchase or sale, call Clark & Clark. Our lawyers have successfully closed tens of thousands of real estate transactions and are happy to answer any legal questions you may have, whether you’ve already signed a contract or not. As always, we confirm that this post is not legal advice.

04/01/2026

Before anyone calls the Law Society…Happy April Fools! Always good vibes at Clark and Clark 🤙🏻

03/13/2026

🏔️ Lawyer Interrupted — Mountain-side Q&A 🏔️

Even on powder days, we’re still talking real estate.

Between runs we got into the realities of closing day, the unexpected hurdles that can come up, the busiest days of practice, and why the people you meet along the way make the work worthwhile.

Every deal has a story, and we enjoy helping clients navigate them almost as much as carving the mountain slopes.

Realtors:
What’s the steepest part of closing day for you?

At Clark & Clark Lawyers, we work with realtors and mortgage brokers every day to help keep deals moving smoothly from contract to closing.

Drop into our DMs if you ever need a hand with a file.

Each real estate closing is unique and has its own nuanced considerations. For tailored, practical legal advice and assistance with closing your real estate purchase or sale, call Clark & Clark. Our lawyers have successfully closed tens of thousands of real estate transactions and are happy to answer any legal questions you may have, whether you’ve already signed a contract or not. As always, we confirm that this post is not legal advice.

03/06/2026

📌 Attached or unattached?

It sounds simple… until closing day. 🏡 🪧

In Alberta real estate, whether something is attached (a fixture) or unattached (a chattel) can determine what stays with the property and what the seller can take when they move out.

Dishwasher? Usually attached.
Coffee maker? Definitely not.

If removing it would damage the property, it’s probably attached.
If you can pick it up and walk away with it, it’s probably unattached.

If it matters to you, make sure it’s written into the purchase contract. When in doubt, contact us for tailored legal advice.

03/01/2026

See our latest “Lawyer Interrupted” on our socials: - While there, give us a follow or visit our website, www.clarklegal.com for more information on our practice areas!

02/27/2026

With over 60 years of combined real estate law experience and tens of thousands of successful closings between our lawyers, we dare say we’ve seen just about everything when it comes to real estate transactions in Calgary.

Unique possession terms?
Unusual holdbacks?
Creative clauses for tricky situations?

There’s a good chance we’ve dealt with it before.

⚖️ Real estate deals are rarely “one size fits all.” Sometimes a standard contract term just doesn’t properly address the reality of the situation and that’s where thoughtful, well-drafted language can make all the difference between a smooth closing and a stressful one.

🏡 Realtors: If you’re working through a deal that needs custom wording to address a specific issue, give us a call. We’re happy to collaborate and help craft practical language to support a clean, organized closing process.

Our goal is simple: prevent problems before they start and help get your deal across the finish line smoothly.

01/24/2026

“Can You Sign Real Estate Documents Remotely Now?” 🖊️ 📃 🏡

This question comes up all the time in Calgary real estate.

In today’s Lawyer Interrupted, we’re talking about remote signing — what’s allowed, what’s not, and what buyers and sellers need to know before they sign.

Here’s how remote signing works in Alberta real estate transactions:
1. Electronic signatures are generally accepted.
Many real estate documents in Alberta can be signed electronically or remotely, including Agreements of Purchase and Sale and related contract documents. This has become common for clients who are travelling, living out of province, or managing busy schedules.
2. Some documents still require wet signatures.
Not every document can be signed electronically. Certain documents involved in transferring title, mortgage instructions, and registration requirements may still require original wet signatures or specific witnessing procedures.
3. Witnessing requirements still matter.
Even when signing remotely, proper witnessing is still be required. If documents are not signed or witnessed correctly, closing can be delayed.
4. Identity verification is still required.
Real estate lawyers must verify client identity before closing. This can often be done virtually, but it must meet legal and lender requirements. If identity verification is not completed properly, documents may not be accepted by lenders or Land Titles.
5. Remote signing does not mean risk-free.
Real estate transactions involve significant legal and financial obligations. Signing documents incorrectly or without proper guidance can create delays or legal issues later.

If you are planning to sign real estate documents while travelling, living abroad, or out of province, it is important to speak with your real estate lawyer early. This ensures everyone understands which documents can be signed remotely, which require wet signatures, and how identity verification will be completed.

In real estate closings, timing matters. Proper planning around remote signing can prevent last-minute delays and unexpected complications.

01/24/2026

“You can sign Documents Remotely Now?” 🖊️ 📃 🏡

This question comes up all the time in Calgary real estate.

In today’s Lawyer Interrupted, we’re talking about remote signing — what’s allowed, what’s not, and what buyers and sellers need to know before they sign.

Here’s how remote signing works in Alberta real estate transactions:
1. Electronic signatures are generally accepted.
Many real estate documents in Alberta can be signed electronically or remotely, including Agreements of Purchase and Sale and related contract documents. This has become common for clients who are travelling, living out of province, or managing busy schedules.
2. Some documents still require wet signatures.
Not every document can be signed electronically. Certain documents involved in transferring title, mortgage instructions, and registration requirements may still require original wet signatures or specific witnessing procedures.
3. Witnessing requirements still matter.
Even when signing remotely, proper witnessing is still be required. If documents are not signed or witnessed correctly, closing can be delayed.
4. Identity verification is still required.
Real estate lawyers must verify client identity before closing. This can often be done virtually, but it must meet legal and lender requirements. If identity verification is not completed properly, documents may not be accepted by lenders or Land Titles.
5. Remote signing does not mean risk-free.
Real estate transactions involve significant legal and financial obligations. Signing documents incorrectly or without proper guidance can create delays or legal issues later.

If you are planning to sign real estate documents while travelling, living abroad, or out of province, it is important to speak with your real estate lawyer early. This ensures everyone understands which documents can be signed remotely, which require wet signatures, and how identity verification will be completed.

In real estate closings, timing matters. Proper planning around remote signing can prevent last-minute delays and unexpected complications.

01/09/2026

✨ We’re back — and Lawyer Interrupted is back too! 🎬

We’re kicking off the year refreshed, energized, and ready to support our clients, referral partners, and community. Whether you’re planning ahead, starting something new, or navigating a big life change, our team is here to help.

⚖️ Real Estate Law — buying, selling, closings, and problem-solving
📄 Wills & Estates — planning for the future with confidence
🏢 Corporate Law — supporting businesses at every stage

Here’s to smooth closings, clear advice, and peace of mind in the year ahead.

👀 Keep an eye out for more Lawyer Interrupted videos, real-life legal scenarios, practical tips, and behind-the-scenes moments — all in quick, approachable videos you can actually use.

12/05/2025

“Selling Your Property While Abroad” 🪧 🏡 🏝️

We’re seeing this more often: the seller is “on vacation” or temporarily working abroad while their Calgary home is being sold.

Here’s why that can worry the buyer’s lawyer:

1️⃣ They have to ask whether the seller is truly just away temporarily or a non-resident of Canada for tax purposes. If the seller is non-resident, tax rules require that a portion of the sale price be withheld on closing.

2️⃣ Tax residency isn’t about your passport or what you call your trip. The CRA looks at your overall residential ties and pattern of living, not just where you are the week the deal closes.

3️⃣ If there’s any chance or any indication that the seller is (or may be) non-resident, extra steps may be needed — CRA forms and possible holdbacks from the sale proceeds — which can affect how much the seller receives and when they receive it.

4️⃣ Because the buyer can be on the hook for a sellers tax bill if they get this wrong, their lawyer will often dig deeper when the seller is abroad. Expect more questions, and don’t be surprised if the deal can’t close in the usual way until the residency and tax issues are sorted out.

If you’re planning to sell your Calgary home while living or travelling outside Canada, or you’re a realtor with a seller abroad, speak with both a tax professional and one of our real estate lawyers early in the process.

⚖️ Clark & Clark Lawyers | Calgary, Alberta
Real Estate • Wills & Estates • Corporate Law
Website: clarklegal.com
Each real estate closing is unique. For tailored legal advice and assistance with closing your real estate purchase or sale, call Clark & Clark. Our lawyers have closed tens of thousands of real estate transactions. This post is not legal advice.

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#8, 6020/1A Street SW
Calgary, AB
T2H0G3

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Wednesday 8am - 4pm
Thursday 8am - 4pm
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