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For many Canadians, their single most important investment is their home. Whether buying or selling your home, you will need a lawyer to help you with the real estate transaction. Here are some of the things that a lawyer can do for you.
Realtors + Brokers Clients’ Real Estate Closing Service Special:
- Legal Fee of: $695.00 Plus HST, Plus Disbursements
- Applies to all types of transactions: Purchase, Sale, Refinance.
- Simple, Straight Forward, Efficient.
Drafting/reviewing the Agreement of Purchase and Sale.
This is a legal contract. It sets out things like: what you are selling, the sale price, the deposit, when your sale will be completed, any conditions (e.g. home inspection, financing) to be satisfied before the contract becomes binding, and any special arrangements and warranties between the purchaser and seller.
As the Agreement of Purchase and Sale and its negotiation, execution, and completion are governed by the law of contract, a lawyer can explain the contract law principles that could apply (such as offer and acceptance, consideration, mistake, misrepresentation, duress, undue influence, capacity to contract, express and implied terms, and duty of good faith).
Drafting and/or reviewing the mortgage documents.
Ensuring all closing documents have been properly completed, including title search and title insurance, explaining them to you and obtaining signatures.
We record all documents with the appropriate local municipal government.
Collecting the transaction fees.
These fees include Land Transfer Tax and Government Registration Fees.
Drafting and presenting a final Statement of Adjustments.
The purchaser must adjust with the seller for certain expenses associated with home ownership. The adjustment process involves prorating the expense between the seller and purchaser based on the portion of the year each will own the home. In re-sale transactions, these expenses will include realty taxes, any monthly condominium fees and heating oil if the home is heated by oil.
In new home transactions, the adjustments will probably also include water, gas and hydro meter hook-up charges, the New Home Warranty Program enrollment fee for the property, and any other agreed upon expenses. The seller should itemize these adjustments so the purchaser can determine exactly how much money she will need on closing.
Registering the mortgage.
This is done by the lawyer who is acting on behalf of the borrower (purchaser). He or she will receive a Letter of Instruction from the lender to proceed with the closing process. This letter will state what should be in the lawyer’s Report on Title.
Completing the Report on Title.
This report sets out the mortgage details. They include the results of title search relating to any easements or other restrictions on the property, tax details, property insurance and any applicable title insurance.
Drafting/reviewing condominium sale agreement, if applicable.
A purchaser of a condominium must first sign a condominium sale agreement, then obtain a “status certificate” for the unit. Financial statements, most recent reserve fund study, budget for the current year and condominium documents (declaration, by-laws, rules and regulations etc.) must also be obtained and reviewed.
Advising about tenancies, if applicable.
For example, if part or all of the property is rented to tenants, the new owner must comply with the Residential Tenancies Act, 2006. Selling your house is not a valid reason for terminating a tenancy unless the purchaser or someone in his family wishes to occupy the property. In this situation, you must give notice of termination on behalf of the purchaser after the agreement is signed.
The tenant does not have to move out if proper notice is not given. See also Residential Landlord and Tenant Law in Ontario.
Completing the sale.
A few days before the closing the purchaser or seller will come to the lawyer’s office to sign the closing documents. For instance, the purchaser will be expected to sign the deed and other sale documents, undertakings to pay the taxes and utilities up to the date of the closing, an affidavit confirming that the purchaser is not a non-resident of Canada, a warranty that the purchaser has not caused the buildings to be insulated with ureaformaldehyde insulation, a statement confirming that the sale is exempt from GST as the sale of a used residential property and a declaration of possession.
Releasing the deed.
Once the seller’s lawyer gets payment of the sale proceeds, the lawyer will release the deed to the purchaser for registration. If a mortgage is being discharged, a portion of the sale proceeds will be paid directly to the mortgagee for the amount owing on the mortgage.
Distributing funds to all appropriate parties.
Following closing the will mail a cheque to your real estate agent for any balance owing on the commission.
Notifying of ownership change.
The purchaser’s lawyer notifies the City and, if applicable, the condominium corporation, of the ownership change.
Our reliable team of experienced real estate professionals at HLF understand local and real estate laws, regulations and restrictions. We are accustomed to participating in all stages of the real estate buying and selling process. We are used to working with other professionals including Realtor, mortgage brokers, bankers, appraisers, home inspectors and insurance agents/brokers.
We will guide you through the often confusing process of buying or selling a home. We will explain things in plain language. Our proficient real estate conveyancer and legal assistants are part of the HLF team that will work for you to get the result you want at an affordable price.