Commercial Real Estate Offering Memorandums in Alberta

1. Define the document and intended audience

State the property, interest offered, owner-authorized purpose, date, intended audience, brokerage, contact path, confidentiality status and document version. Identify whether the opportunity is priced, unpriced or part of a defined process.

Do not imply that receiving the memorandum creates representation, access, an offer, a reservation or a right to transact.

• Property
• Interest
• Version
• Audience
• Brokerage
• Access
• Limitations

2. Build a source and review register

For every material fact or metric, record the source, source date, responsible contributor, review status and correction owner. Distinguish seller-provided information, public records, third-party reports, brokerage analysis and buyer assumptions.

A polished layout does not improve the reliability of an unsupported statement. Keep the source register even when it is not distributed publicly.

3. Describe the legal and physical property accurately

Reconcile current title, legal description, civic address, parcels, areas, plans, access, parking, loading, systems, land use, permits, occupancy and environmental or condition information according to the available evidence.

Renderings, boundary graphics, future-use imagery and aerial lines should be labelled with their source and limitations. Visuals can create a misleading general impression even when small-print text is technically accurate.

4. Separate contract, actual and projected income

Define the period and source for rent, recoveries, vacancy, operating costs, NOI, capital and lease metrics. Show material adjustments and keep owner accounts, contractual figures, brokerage analysis and projections distinguishable.

Do not publish an unsupported cap rate, stabilized NOI, occupancy claim or future rent as a property fact. State whether a metric is actual, contractual, adjusted, pro forma or scenario-based.

5. Present tenancy and operating information safely

Use entity-correct tenant names and disclose lease terms, security, sales, financial information and defaults only to the extent authorized and appropriate. Stage sensitive disclosure to qualified recipients.

Alberta PIPA applies to many provincially regulated private-sector organizations. Redact unnecessary personal information and obtain organization-specific privacy advice.

6. Control claims, attribution and distribution

RECA requires licensee advertising to clearly identify the licensee and brokerage and to be truthful and not misleading. Preserve current listing attribution and required source or trademark disclosures across websites, portals, email, social media and downloaded files.

REALTOR.ca DDF® distribution is permission based. An offering memorandum should not be treated as authority to republish third-party listing content or remove brokerage attribution.

7. Connect the memorandum to staged diligence

Use the memorandum as an index to a controlled data room containing the appropriate title, contracts, financial records, plans, reports and operating evidence. Record access, versions, questions, corrections and superseded files.

A disclaimer cannot cure a materially misleading overall impression. Correct material errors promptly and identify the affected version and recipients.

8. Preserve the final transaction record

Archive published versions, distribution lists, source files, approvals, corrections and material communications according to brokerage and legal requirements. Replace the marketing record with executed transaction documents for closing decisions.

Commercially can prepare commercial property marketing within a licensed mandate. This guide is not a disclosure opinion, appraisal, audit, engineering report, environmental assessment, legal advice or tax advice.