With experience in all aspects of a home sale and purchase process, a real estate lawyer’s role in Ontario is to protect your rights as either the buyer, seller or in mortgage transactions as borrower or lender.
While you may have a good understanding of what a real estate agent’s role is in a transaction, the real estate lawyer’s role is unclear to many.
Do I need a real estate lawyer in Ontario?
A real estate lawyer is required to register any transfers of title in Ontario and therefore, is necessary in completing the transaction. Though the buying, selling and refinancing process can be overwhelmed with various expenses, investing in a good real estate lawyer can help ensure you avoid large, unnecessary expenses in the long run. To learn more about real estate lawyer fees, click here to read our article on the subject.
Key reasons you need a real estate lawyer in Ontario:
- They are the only ones who can sign and register a transfer of title in Ontario
- To review title and identify any deficiencies (and have said deficiencies rectified before closing)
- To protect yourself and your investment as you enter into a new contract
What do Ontario real estate lawyers do?
At Titlers Professional Corporation, we offer real estate law services in person in our Port Perry office and across Ontario with our contactless closing technology.
Our team has extensive experience in South Durham Region (Oshawa, Whitby, Brooklin, Ajax, Pickering, Couritce, Clarington, and Bowmanville); North Durham Region (Port Perry, Scugog, Scugog Island, Utica, Epsom, Uxbridge, Ashburn, Myrtle, Raglan, Nestleton, Blackstock, Newcastle, Greenbank, Sunderland, Cannington, and Beaverton); the Kawartha Lakes (Cameron, Little Britain, Oakwood, Manilla, Woodville, Fenelon Falls, Lindsay, Omemee, Valencia, Janetville, Pontypool); and Cottage Country (Muskoka, Algonquin, Trent Lakes, Haliburton, Northumberland, Peterborough, Campbellford, Quinte).
Real Estate Lawyer Services in Port Perry
While some law offices offer real estate law as one of their many services, Titlers is fully committed to offering our clients guidance in all areas of real estate including: buying, selling, mortgage, commercial, agricultural law, title issues, development and title insurance.
First-time home buyers and experienced movers alike, require a real estate lawyer to protect their investment from start to finish. Our team interacts with the seller’s lawyer to complete the necessary legal processes, as well as, with lenders, brokers, realtors, insurers, and utility companies and obtain you Title Insurance Protection through a Title Insurance Provider.
During the buying process, it is a real estate lawyer’s role to:
- Review all legal documents along with the Agreement of Purchase
- Ensure there are no claims or liens registered or on file against the property
- Arrange for title insurance
- Ensure you have a valid title upon closing
- Calculate the land transfer tax due on closing as well as any other tax implications
- Draw up the mortgage documents
- Close the transaction ensuring all legal and financial conditions are met
- Exchange legal documents and keys with the seller’s lawyer
Throughout the entire outlined process, it is also the role of the Titlers team to ensure your experience as a buyer is equally informed and smooth.
When selling a property, be at ease, Titlers will work to close your sale smoothly and quickly. On a typical sale, our office will:
- Payout mortgages, real estate commissions and other debts
- Address any title issues that arise
- Adjust for taxes and heat sources
- Deposit your sale proceeds to your bank account promptly after closing
Whether you are borrowing or lending, we can ensure that all the necessary legal documentation and registrations are in place. As a borrower, we will work with your institutional or private lender to make financing your home a painless process. As a lender, we will work to protect your security interests through diligent communication and documentation.
Buying a business or commercial property? Titlers is well experienced with a variety of commercial transactions and will help to protect your investment with the proper documentation and title insurance. We also do incorporations and will maintain your corporate minute books.
With more than 40 years experience in rural Durham Region, Titler Professional Corporation is the go-to firm for agricultural law. Offering services such as buying or selling and severances; we understand agricultural property.
Though a title examination is one of the most crucial aspects of any real estate transaction, title issues can arise anytime. It’s the responsibility of the buyer to confirm the seller is the sole owner when a property changes hands to avoid encumbrances and title defects that may cause complications or even invalidate the title. If you are concerned about an issue with your title, we have the tools to help you find a solution.
If you are a business owner, custom home builder or land developer looking to develop in the Durham Region, Kawartha Lakes, Peterborough or the GTA, Titlers Professional Corporation can offer years of experience behind their legal guidance. Our development real estate law services include, but aren’t limited to:
- Applications to sever land
- Title Transfers of severed land
- Purchase and Sale of vacant land with intent to sever or develop
- Builder Agreements
- Residential Subdivisions
- Condominium Projects
Although title insurance is not required in Ontario, we recommend title insurance policies with all our purchase and mortgage transactions. Title insurance is a one-time fee that protects residential or commercial property owners and their lenders against losses related to the property’s title or ownership. Title insurance covers the following:
- Unknown title defects
- Existing liens against the property’s title
- Encroachment issues
- Title fraud
- Errors in surveys and public records
For those who didn’t purchase title insurance when they bought, our team can help arrange pre-existing homeowner policies.
How much does a real estate lawyer cost in Ontario?
The cost of a real estate lawyer in Ontario varies on the experience of the legal professions and the quality of service you receive as a client. Here at Titlers, we pride ourselves on both of these, but particularly the latter. To help you gain a better understanding of real estate legal fees in Ontario, please utilize our complimentary Real Estate Law Fees Calculator and reference the following article: Real Estate Legal Fees in the GTA.
When should I contact a real estate lawyer?
Typically, a real estate agent is the first professional you’ll interact with and often a real estate lawyer will not be contacted until a firm agreement is reached and the closing date is approaching. However, the sooner a real estate lawyer is involved in the process of a real estate transaction, the sooner they can begin to protect the purchaser’s interests–specifically for those purchasing a new build. We will explore this topic in a future article, however, if you have any immediate questions for our team contact us here.
Why should I hire a real estate lawyer in Ontario?
For most people, real estate is the biggest investment we make. When heading into any real estate transaction, ensure you have the best team of experienced professionals behind you to keep that investment (and your nerves!) sound. To learn more about the unique process at Titlers Professional Corporation, click here.
Disclaimer: Please be advised that this article describes the general services available. Depending on the property and the client’s needs the steps taken on any file may involve more or less of the services described. Please contact a lawyer today to find out what services are best for you and your legal circumstances.