It's spring, and the real-estate market is booming. Maybe you're one of the thousands of Ontarians looking for a new home.
In your quest for that prize property, you're better off contacting your lawyer sooner rather than later!
See what your lawyer does behind the scenes to protect you:
1.Reviews the promise to purchase, the seller's documents, your lender's instructions and any other pertinent documents:
•tatement of municipal and school taxes
•copy of water heater rental and other contracts
2.Examines property titles.
3.Has any inaccuracies in property titles or the building's occupancy corrected.
4.Verifies the identity and capacity of all parties.
5.Prepares required by-laws or resolutions if one of the parties is a company.
6.Obtains any consent or authorization needed to ensure that the seller meets all legal requirements in selling the property.
7.Obtains confirmation of insurance coverage.
8.Prepares the mortgage deed and loan contract.
9.Has the parties sign these documents and issues certified copies.
10.Publishes the mortgage deed in the land registry.
11.Checks the land registry to find out if the mortgage has been registered to make sure your lender's rights are not affected.
12.Completes and sends the lender the report it requires along with other documents required to obtain the loan amount, which is deposited in the lawyer's trust account.
13.Prepares the statement of adjustments (taxes, electricity, etc.) and the settlement statement.
14.Deposits your downpayment in his trust account, issues the necessary receipts and cheques.
15.Prepares the deed of sale, has the parties sign it, publishes it in the land registry and issues certified copies.
16.Takes the necessary steps to have the seller's mortgage removed from the land registry:
-asks for the creditor's balance and pays it
-prepares the discharge and has it signed by the creditor
-publishes it in the land registry
-checks its registration to make sure your title to the property is clear of this mortgage
-issues certified copies
-sends them to the parties
17.Does any other necessary checks depending on the specific aspects of the transaction (multi-unit building, agricultural zoning, real estate complex, condominium, classified or recognized heritage building, building under construction, etc.).
18.Sends a copy of the deeds received and other documents to the appropriate individuals.
19.Answers your questions and the seller's questions, provides legal advice and acts as a conciliator in the event of a dispute.