Are you listing a property under the Civil Enforcement Act (Alberta)? CREB^® recognizes civil enforcement listings as having unusual conditions.

What is a Civil Enforcement Listing?

A Civil Enforcement Listing is a property that:

• Has a Writ of Enforcement registered against it; and
• A Civil Enforcement Agency (empowered by theCivil Enforcement Act (Alberta)) is selling the property, or partial interest in the property, to recover the debt.

Recognizing these listings as having unusual conditions makes it easier to list the property under enforcement when it can’t meet the foundational aspects of the listing requirements (such as listing the measurements or accessibility for showings).

Rule update

Under CREB^® Rule Part III 2.06, Modifications or Unusual Conditions, CREB^® is interpreting ‘unusual conditions’ to be A property that is currently under legal enforcement action such as a court order, civil enforcement or municipal prohibition.  

This will allow Civil Enforcement Agencies to use the professional services of a REALTOR^® to list these properties on the MLS^® System without showings or RMS measurements as long as the following items are included on the MLS^® Listing:

1. Disclosure in the Private Remarks stating: “Civil Enforcement Listing”;
2. If the property can’t be accessed, a Civil Enforcement Document needs to be uploaded in the supplements section of the listing as either RMS Supplement or Judicial Sale Supplement; and
3. If measurements can’t be obtained, a remark needs to be included on the listing about where measurements have been obtained from.

Please note, if there is a court order in place for the Civil Enforcement Listing, the property will be accessible as prescribed by the order.

If you have any questions about Rule Part III 2.06, please contact CREB^® Member Practice at 403-781-1336 or crebmp@creb.ca.