Tax Sales vs Sheriff Sales: Navigating Your Real Estate Investment Options in Canada
Investment Insights 5 min read

Tax Sales vs Sheriff Sales: Navigating Your Real Estate Investment Options in Canada

Discover the differences between tax sales and sheriff sales in Canada. Learn about relevant laws, procedures, and expert tips to enhance your real estate investment strategy.

May 29, 2021
TaxSalesPortal
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Photo by Avi Waxman on Unsplash

Introduction

Did you know that in 2020, Canadian municipalities conducted hundreds of tax sales due to unpaid property taxes? These auctions represent unique opportunities for real estate investors looking to acquire properties below market value. Understanding the nuances between tax sales and sheriff sales is crucial for Canadian investors aiming to diversify their portfolios effectively. This article will delve into the differences between these two types of sales, explore relevant Canadian legislation, and provide actionable insights.

Understanding Tax Sales in Canada

What Are Tax Sales?

Tax sales occur when a property owner fails to pay municipal property taxes. Municipalities have the authority to sell the property to recover the unpaid taxes, as outlined in the Municipal Act in Ontario. These are public auctions where the highest bidder acquires the property, often at a fraction of its assessed value.

Canadian Examples and Legislation

For instance, in Toronto, tax sales are regulated under the Tax Sales Act, and you can find upcoming sales on the City of Toronto's official website. In British Columbia, municipalities follow procedures outlined by BC's Local Government Act.

Steps to Participate in Tax Sales

  1. Research upcoming tax sales using municipal websites and the Tax Sales Portal.
  2. Review the property's assessment and tax arrears details.
  3. Prepare your bid and ensure you have the necessary funds available.
  4. Attend the auction and place your bid.
  5. If successful, complete the necessary paperwork and pay for the property.

Exploring Sheriff Sales in Canada

What Are Sheriff Sales?

Sheriff sales are conducted to satisfy a court order, typically due to unpaid debts or legal judgments. In these cases, properties are auctioned off to recover the owed amounts. Unlike tax sales, sheriff sales are driven by legal proceedings rather than tax arrears.

Real-World Example and Legislation

In Alberta, sheriff sales follow processes outlined by the Alberta Civil Enforcement Act. Calgary often sees sheriff sales due to its diverse economy and litigation outcomes. More details can be found on Alberta's official website.

Key Steps to Participate

  1. Monitor announcements of upcoming sheriff sales through provincial websites and legal bulletins.
  2. Understand the terms of sale, including deposit requirements and payment timelines.
  3. Attend the auction and bid on properties of interest.
  4. Finalize the purchase by settling any outstanding legal fees and fulfilling court requirements.

Comparing Tax Sales and Sheriff Sales

While both tax and sheriff sales offer investment opportunities, they differ in terms of origin and process. Tax sales are typically municipal, focused on tax arrears, while sheriff sales stem from court judgments. Tax sales might offer more predictable outcomes, whereas sheriff sales often involve properties with complex legal histories.

Expert Tips for Successful Investments

  • Research Thoroughly: Never bid without understanding the property's legal and financial status.
  • Verify Ownership: Confirm the property's title and liens using provincial land registry resources like Service Ontario.
  • Budget Wisely: Factor in renovation costs and potential legal fees post-purchase.
  • Network: Connect with other investors through forums and local real estate groups to share insights.
  • Stay Updated: Use resources like the Tax Sales Portal alert system to stay informed of new sales.

Conclusion

Tax sales and sheriff sales present unique opportunities for real estate investors willing to navigate their complexities. Understanding the differences, processes, and legal frameworks in Canadian contexts is essential for success. To further explore these opportunities, visit the Tax Sales Portal for comprehensive listings and tools to enhance your investment strategy.

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tax sale real estate investing Canada investment options property auction

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