REAL ESTATE LAW

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Real Estate

We are committed to offering clients thorough and personalized legal services in real estate.  We have experience in the following Real Estate areas:

  • Residential real estate - purchases and sales

  • Commercial real estate - purchases and sales

  • Review of Agreements of Purchase and Sale

  • Leases - residential and commercial

  • Mortgage transactions - residential and commercial

  • Bulk sale transactions

  • Power of sale proceedings

  • Title insurance for existing properties

Real Estate Lawyer

Whether you’re buying, selling or refinancing your home, one of the most important people you’ll work with is your real estate lawyer or notary. No matter which process you’re going through, your lawyer’s overall responsibility is to make  sure your paperwork is filed, your rights are protected and your transaction goes through. Here’s a breakdown of their other duties, and answers to some of the most frequently asked questions about working with real estate lawyers.

 

What does a Real Estate Lawyer do?

If you’re buying a home in owen sound, you’ll want to start working with a real estate lawyer as soon as you’re ready to sign the Offer to Purchase. From thereafter, your lawyer’s job is to: conduct a title search, get title insurance in place, register the home in your name, draw up a Statement of Adjustments, and facilitate the financial transactions on closing day. Oh, and then they’ll give you the keys to your new home!

When you decide to sell your home, your real estate lawyer will do another title search on your home to make sure there are no defects. Your lawyer will also draft the deed of the home for the buyer, calculate any closing costs you have to pay and draft a Statement of Adjustments for you. On closing day, they’ll facilitate the financial transaction and hand you a cheque for what’s leftover, after paying off anything you owed on your mortgage, your real estate agent’s fees, legal fees, etc.

 

Finally, if you’re refinancing, your real estate lawyer will conduct yet another title search, to ensure it’s clear of defects; this protects both you and your lender. After that, your lawyer will register the new mortgage amount and facilitate the rest of the financial transaction. When you refinance, your lawyer drafts up a Trust Ledger Statement instead of a Statement of Adjustments; it’s essentially the same financial document, but your transaction is only with the bank – not another buyer or seller.

At what point in the process do I contact a real estate lawyer?

For buyers and sellers, you’ll want to call your real estate lawyer as soon as you’re ready to sign an Offer to Purchase. The offer is a legal document, so it’s important to have a lawyer review it, because the consequences of breaking the contract can be expensive. Your lawyer can explain all the legalese in plain terms. You’ll need to see your lawyer again on closing day, to finish the transaction.

If you’re refinancing, you only need to see your real estate lawyer once, to sign all the paperwork that is required for your new mortgage.

 

What should I look for in a real estate lawyer?

Here are a few things to look out for when choosing a real estate lawyer:

  • Specialty in real estate law

  • Competitive fees (low fees could mean they don’t have enough experience)

  • Experience with the type of property you’re looking at

  • Familiarity with the area

 

What is the difference between title registration and title insurance?

Title registration is simply the process of changing the title of the home from the seller’s name to yours. Title insurance, on the other hand, is intended to protect you from liability should an undetected title defect be found. For instance, if there is a violation of the municipal zoning bylaws, an existing work order, property taxes in arrears or encroachments on adjoining property, this could affect your title. Both title insurance fees and registration fees are paid for on closing day.

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 Office 226.256.8054 | Fax 226.256.8064 | rshankar.lawoffice@gmail.com
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