RESIDENTIAL REAL ESTATE
TRANSACTIONS

Purchasing a residential property can be tough.

We can help with that.

Purchasing a home is usually the most expensive investment a person will make. The help of a legal professional who is knowledgeable in this area will ease the process for you by informing you of your rights and avoiding any future complications that may arise as a result of being uninformed.

Please note: All Real Estate Transactions shall be handled by a lawyer practicing at the firm.

We can help you review the Agreement of Purchase and Sale and propose and negotiate contract changes with the seller. The Agreement of Purchase and Sale is a legal document that contains the rights and obligations of the parties and establishes the terms of the transaction between parties. Because of this, it is important that you have the help of a legal professional in dealing with an Agreement of Purchase and Sale. It is our role to protect you and ensure that the agreement accurately reflects the terms of the transaction agreed to by you and the other party.

A non-continuing power of attorney for property also allows you to appoint someone to take care of your finances and property on your behalf. However, this type of power of attorney property is no longer in effect if you become mentally incapable. It is used where, for example, you require someone to take care of your finances and property if you are away from home.

A title search is necessary to ensure that the seller can transfer all ownership interest to the buyer. This search shows the legal owner of the property and all recorded documents that affect the property. It also shows if anyone has a claim against current or prior owners of the property. For a buyer to obtain clear title, any claims have to be cleared from the public record. We can assist you in matters relating to title searches.

Title insurance is an insurance policy that covers the condition of title or ownership of property at the time the policy is issued and provides protection to a purchaser for losses or damages that result because of title problems. Title insurance gives buyers an extra level of protection and allows homeowners to protect the ownership to their property and their lender’s priority in the mortgage against losses arising from title and off-title risks. Title insurance can cover different title risks including existing liens against the title, violations of municipal zoning by-laws, if someone else owns an interest in your title, encroachments onto an adjoining property, realty tax arrears, setback violations, existing work orders and lack of legal access to the property. Title insurance is a one-time fee and is valid for the entire time the homeowner holds title. Our team can assist you with matters relating to title insurance and ensure you are well-informed of the process.

Closing day can be very busy and complicated for purchasers. This is the process when your home is transferred from the seller to the purchaser and the purchaser takes possession of the purchased home. Our role is to ensure your closing day is executed smoothly and assist you throughout the process.

Purchasers often require a mortgage for a real estate transaction. A mortgage creates a lien on the property and personally obligates the borrower to repay the loan. Due to this, it is important to seek the help of a legal professional. We can help you review mortgage documents to make sure they have been executed correctly and explain you the legal effects of these documents.

Selling a home has many steps and it can be useful to have a legal professional help you throughout this process. We can provide you with the help you need in selling your home.

The legal professional for the seller reviews the Agreement of Purchase and Sale and makes the necessary changes based on the individual seller. An Agreement of Purchase and Sale is a legal document that contains all the rights and obligations of the parties and contains the terms that bind the parties. We can help protect you and ensure that the agreement accurately reflects the terms of the transaction agreed to by the parties.

A statement of adjustments contains the purchase price, credits the deposit and prorates any prepaid items such as property taxes. We can assist you with the review of statement of adjustments.

On a resale home, adjustments include prepared realty taxes, prepaid condominium fees and fuel oil. On a new home, closing adjustments are greater than on a resale home. They can include hydro and water metre installation costs, Tarion New Home Warranty Enrolment Fee, boulevard tree planting, driveway paving, grading deposit, gas water heater, educational lot levy, municipally required fencing and other items that are not on a resale home.

The deed is the written document that is signed, acknowledged and delivered by the seller to the buyer through which the seller transfers the property. It is crucial that the deed be drafted clearly because it affects the transfer. We can help you properly execute a deed and ensure that a proper transfer occurs.

A discharge of mortgage occurs when the mortgage is removed from title and the borrower is no longer obligated to make payments on the loan. We can help you properly execute the document to discharge your mortgage and help you better understand the process.

A mortgage creates a lien on the property and personally obligates the borrower to repay the loan. Due to this, it is important to seek the help of a legal professional. We can help you review mortgage documents to make sure they have been executed correctly and explain you the legal effects of these documents.

Under a power of sale proceeding, the seller can sell property without involving the court. This process starts by sending a notice to the borrower and current owner of the property. We can help you with these proceedings and ensure you better understand the process.

You may require a title transfer to refinance the property or because of separations, inter family transfers or transfers between friends or business partners. Title transfers can attract land transfer tax unless they are between spouses or a proper trust declaration is prepared. Our legal professionals can assist you in this area by ensuring you are well-informed and protected throughout the process.

Residential leases concern a relationship between landlords and tenants for a property being used as a residence and not for commercial purposes. We can help you execute a residential lease and ensure that your rights are protected.

Commercial leases concern a relationship between landlords and tenants concerning commercial property. It is necessary to execute a lease that protects your interests. Our team can assist you in drafting and negotiating leases and other related contracts.

Email: info@desalegal.ca

Tel: 416.242.7555         Fax:  416.242.7333

DISCLAIMER: The use of the Internet for communications with the firm will not establish a solicitor-client relationship and messages containing confidential or time-sensitive information should not be sent.

North York

CONTACT US

416.242.7555

Scarborough