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Buying or selling a house or commercial premises?
Need to make sure your mortgage documents are in order?
Have an issue to resolve with your landlord or tenant?
Call on Mann Law to get all the necessary legal advice and feel free to submit your legal query to ensure procedures are in place for your real estate transaction or dispute to be handled properly. We handle:
Residential Sale / Purchase Fees and Disbursements
Buying A Resale Home
Understanding the Agreement of Purchase and Sale is essential when you are buying a home. The offer is the document that sets out the terms and conditions of the sale.Once the seller accepts the offer, it becomes a legally binding contract. Therefore, how the terms are worded will influence how much legal protection you have. You should carefully review the Agreement of Purchase and Sale with your Real Estate Agent and your lawyer before you sign it. The Agreement may have some conditions to protect your interests after you have signed the Agreement.
For a condition to be effective there are a number of elements required:
The survey discloses important information about the property. It shows the blueprint of the property and marks the property lines. Most importantly you will find out if there is any encroachment on your property. If a survey is not available for the property, we recommend that title insurance be obtained.
Title insurance is insurance that protects the buyer from loss arising from a dispute over ownership of a piece of property due to defects in the title. Title insurance is not mandatory but if you decide to purchase it, Mann Law will:
Buying A New Home
The risks applicable to a new home purchase are different than the risks associated with purchasing a resale home.As a result, a different form is used when a buyer purchases a brand new home.
Concerns Regarding The Description Of The Property
Because the new home will not be built at the time of entering into the Agreement of Purchase and Sale,there is a possibility of mistaking the location and design of the home. Mann Law, will ensure that both the legal description of the property, as well as the size, model and elevation of the home are accurately identified in the Agreement of Purchase and Sale.
The Ontario New Home Warranties Plan Addendum
Attached to each Agreement of Purchase and Sale is the Addendum, which informs the buyer of certain contractual rights and conditions that may alter/effect the original deal.
Refunds For First Time Buyers
First time buyers of newly constructed homes are eligible for a land transfer tax rebate for up to $2000. To qualify:
You must apply for the refund no later than 18 months after the date on which the conveyance is registered or the unregistered disposition occurs.
Buying/Selling A Condominium
Under the Condominium Act, a condominium plan consists of a declaration and description.
The description shows the structural plans of the building including boundaries of the units, the common elements and the exclusive use elements associated with each unit.
Section 7(2) of the Condominium Act requires the declaration to contain 7 mandatory provisions. One of the mandatory inclusions is a specification of any exclusive use areas of the common elements that are set aside for the use of each unit (e.g. balconies and parking spaces). Mann Law will inform you exactly what areas of the condominium are common elements and what areas are exclusive to you.
Drafting commercial agreements of purchase & sale is similar to residential agreements. However, commercial transactions will take longer to settle because they are more complex. At Mann Law we will explore with you what conditions are needed so that you will have appropriate safe guards with as little financial downside as possible.
Concerns With Leases
The Tenant Protection Act establishes tenant rights. If there is a term in the lease that is inconsistent with the Act, that term will be void. Even if a term complies with the Act, it may still be unfavourable. Mann Law reviews both residential and commercial leases and negotiates with landlords to strike down terms that are unfavourable to you.
From the time you forward your Agreement of Purchase and Sale to us, preparation for closing commences. Mann Law will conduct title searches, make other inquiries regarding the property and submit requisitions in a timely fashion. Before closing, we complete the subsearch of title and an executions search and ascertain that these searches are satisfactory. We will seek instructions from the lending institution with respect to any mortgage(s), prepare and register the same on the title. Once it is completed we will put the keys in your hand. If you are selling,Mann Law will assist you in answering the buyer’s requisitions and in preparing the necessary sale documentation, along with discharging any current mortgages.