Buying and selling real estate is one of the biggest transactions you’ll make in your life. To that end, you should always try to secure yourself to ensure that your money ends up in the right hands.
A real estate agent may help you find excellent property or get you buyers who are interested in your property. However, they are no substitute for the legal expertise that a real estate attorney brings to the table. Between all the contracts and negotiations associated with buying and selling property, you’ll need all the legal help you can get.
Real estate lawyers are civil lawyers who have specialized in real estate law. These attorneys are well-versed in federal real estate laws and aware of provincial real estate requirements. Having an attorney present for your real estate transactions is the safest way to deal with property.
At Nanda & Associate Lawyers, we have a team of highly qualified real estate lawyers in Toronto and Mississauga who understand all the nitty gritty of Ontario real estate law. If you’re on the fence about hiring an attorney for your real estate transactions, keep reading to learn about all the services our real estate lawyers offer.
Real Estate Purchase and SaleAgreement
Whether you’re buying commercial or residential property, the purchase process can be divided into two phases: pre-purchase preparation and during the purchase.
A real estate lawyer will be present for you during both phases. In the pre-purchase phase, they can lead the review agreement, help you review  mortgage commitment , . They will help you during the purchase by making closing adjustments .
When selling the property, the real estate lawyer will prepare all the documents for you, ensure your protection in case of mortgage or loans, and close the sale transaction on your behalf.
In addition to all these services, the most important thing a real estate lawyer does during the real estate sale, and purchase is go over all the terms of the agreement. They can also educate you about the specific terms and what they mean for you while advising you on ways to get the better end of the bargain.
Commercial and Residential Lease Agreement
In real estate, a lease is a contract between the tenant (lessee) and the landlord (lessor) in which they mutually decide the specific terms and conditions of the asset’s use. The lease is a document guaranteed by the landlord which outlines the exact terms of the use of the property for a specific period in exchange for regular payments.
As per the lease, the ownership lies with the landlord, while the tenant can use the asset for the duration. The landlord and tenant can also add sub-letting clauses to the agreement, which allows the tenant to give the property on rent to a third party.
A real estate lawyer will not only help come up with a valid lease agreement but will also resolve all the disputes that may arise between the landlord and the tenant. They will navigate the legalities using the Commercial Tenancies Act of Ontario and the Residential Tenancies Act.
Residential and commercial leases are quite different from each other in terms of their scope, and both are subjected to different laws. Broadly speaking, leases can be divided into two categories:
- Fixed-Term Agreement: In this type of agreement, the lease ends after a certain period lapses (as stipulated in the agreement). This agreement can also be conditional on securing the landlord’s interests.
- Periodic Agreement: This type of lease has to be renewed regularly (usually weekly or monthly) as per the will of both parties in the contract. Any of the two parties can also terminate this lease without any penalty.
Mortgage Financing
A real estate buyer can  complete paper work mortgage to pay for the property they’re interested in. Essentially, the mortgage is a loan the buyer takes from a lender who agrees to finance the purchase. Mortgage financing happens according to specific terms and conditions stipulated in the mortgage agreement.
The entire responsibility of securing the mortgage lies on the buyer, who must complete the purchase transactions on their own and then send all the mortgage details to the real estate lawyer. The lawyer will then finalize the financing process and ensure that buyer has all the funds required for the purchase.
If the buyer needs pre-approval for the mortgage before signing the purchase agreement, the pre-approval should be in writing along with the other terms and conditions of the mortgage. In addition, if the buyer plans to use a power of attorney during the purchase process, this also has to be pre-approved by the lender.
Furthermore, the real estate lawyer can also help you secure conditional financing, open mortgages, and closed mortgages by making airtight agreements with lenders. Seasoned real estate lawyers can also introduce you to accelerated payment options
Mortgage Refinancing
Mortgage refinancing is the process of replacing an existing loan with a new loan from another lender. Since the new loan’s terms (including the interest rate) may differ from the previous loan, refinancing can be quite challenging. Your residential or commercial real estate lawyer can help you in this regard.
They can connect you with lending institutions in the country, such as credit unions, secondary market lenders, and banks. They can help you choose one that provides the most favorable terms of lending while ensuring that your documentation process is swift and accurate. They will also help you discharge your existing mortgage so you can easily refinance.
Insurance
A real estate lawyer can help you secure all the relevant insurance policies you need as a buyer or seller. You will need the contents and liability insurance for non-condo property purchases as a buyer. Your mortgage lender will be the policy’s lost payee, and your real estate lawyer will receive an insurance binder letter from the insurance company that will confirm your coverage.
For condo purchases, the whole condominium is typically insured by the condo corporation. Your real estate lawyer can advise you if you need further insurance for your own unit and guide you about the policy’s effective date. If you’re selling property, you should never cancel your existing insurance until the transaction is closed.
In addition, your real estate lawyer may advise you to get life insurance to cover the mortgage. All family breadwinners should get a third-party life insurance policy to cover the mortgage payments in case of the death of the person paying lender. This is advised to secure both the buyer and the seller of the real estate.
Title insurance can also be added to the mix to provide further security to the property owner and the mortgage lender in case of any loss because of property’s title or ownership.
Utilities
A real estate lawyer will inform all the utility providers on your behalf to analyze the meters before the property is transferred. This will allow the buyer to get uninterrupted utilities and only be billed for services after closing the deal. The buyer should inform hydro, gas, water, electricity, and other utility departments about the purchase so they can take the required action.
If the water, air-conditioning, or furnace is on the lease, the purchaser must take on the rental agreement and make timely payments as stipulated in the agreement. Your real estate lawyer will tell you which utilities are on the lease and whether you need to contact the utility provider directly.
Transfer of Title
People often require a title transfer when a person has to be added or removed from the property’s rightful ownership. This can happen in case of divorce, separation, or when the will goes into effect after the death of the owner.
Your real estate lawyer can take care of the whole process on your behalf and all you have to do is provide them with documents such as bank confirmations, property insurance, property tax bills, and ownership documents.
In addition to all of the above-mentioned things, the real estate lawyer can also educate you about the different taxes such as land transfer tax, non-resident speculation tax, and other tax implications. They can also file these taxes on your behalf and help you secure relevant rebates such as land transfer tax rebate or rental rebate.
Hire the Best Real Estate Lawyers at Nanda & Associate Lawyers
At Nanda & Associate Lawyers, we have a team of seasoned real estate lawyers in Brampton, Toronto, and Mississauga who understand the intricacies of Ontario real estate law. Our priority is to help our clients negotiate the best deal while ensuring that they can make timely real estate decisions. From land transfer tax rebates to mortgage refinancing, we cover every legal avenue related to real estate.
In addition, our law firm also provides immigration, business, civil litigation, family, and personal injury lawyers. If you need any legal help, you can book an appointment with us, and we will provide you with a free consultation before you choose to retain us.
