Real Estate Lawyers
Real Estate Lawyers
Selling and buying a home is an intricate and sometimes complex affair.
Not only are you working with your REALTOR®, you are also having to seek advice and support from a Mortgage broker, Property inspector, Insurance broker, perhaps an appraiser, a contractor or serviceman for any repairs to your home prior to listing, or as a buyer who may require some renovation advice when considering a property that needs work and the cost; and of course your Lawyer or experienced legal assistant or conveyancer to help you complete the home buying process.
Your REALTOR® may suggest a number of real estate lawyers for you to interview and to get a sense of which individual and firm is the right fit for your family. So what are the underlying expectations do you have regarding your decision about who to work with? And how does your lawyer work with and for you and your real estate transaction?
Find a law firm whose office is close to where you live for the sake of convenience.
In the interview process make sure you ask all the pertinent questions and you understand all the answers. If not then clarify what you have heard and understood. Clear communication especially when it comes to legal matters is important.
Typically your lawyer will take the time to explain your rights to you. They are there to represent you and protect your rights. Lawyers will deal with single-family dwellings – the principle residence, strata properties and condos, new home construction, holiday or vacation rental properties, non-resident buyers and sellers and stigmatized properties among others.
If you are purchasing a condo – they will explain how strata corporations work, look at the Condo regulations/Condo property instruction guides and the Condo Corporation Reserve Fund.
The lawyer will review your contracts, most importantly the Agreement of Purchase and Sale; what to do with ambiguities in the contract, and ensure that everything has been included in the contract. They may offer some advice on the drafting of an offer if you require that.
Other considerations include new homebuyers and first time buyers’ tax credits. Lawyers look at financing, zoning, conducting a search on title, title insurance, title encumbrances; the difference between title insurance and a survey certificate. They will draw up the title deed, transfer of title and calculation of the property transfer tax.
The registration of covenants, easements and encroachments on properties requires close attention and consideration. How does this/these affect the lifestyle of you and your family?
Other services include the disbursement of fees; preparing and registering the mortgage, GST issues; as well as severances of joint tenancy, transfers to surviving joint tenants; the removal of liens – including builder’s liens.
In real estate it is not unusual for market conditions to fluctuate.
Therefore there will be different strategies that face both buyers and sellers, and your lawyer will be knowledgeable regarding appropriate strategies for buyers or sellers. Look for lawyers who have rates that will suit your pocket. Ask whether they have electronic filing capabilities if that makes a difference to you and the speed in which you require documents.
When representing your family and the sizable investment you are making in the purchase of a new home, or in the sale of your home, you want to know that you and your family have the respect you are looking for in terms of time and attention. Your real estate lawyers are creative, focused thinkers – ensuring you of exceptional legal representation with a vested interest in making your home buying, selling or refinancing experience a stress-free process.
