Drafting commercial agreements of purchase & sale is rather different than drafting residential agreements. Commercial transactions will take longer to draft and close because they are more complex and often incorporate operating businesses into a deal. 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. We have extensive experience closing hotel purchases and sales, manufacturing businesses, service based business and many other types of commercial real estate transactions.
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 time frame must be clear (i.e. how long the party has to fulfill a condition).
- The terms of the conditions must be defined clearly.
- A means of notice for fulfillment or non-fulfillment of the conditions must be provided.
- A provision ensuring that if the condition is not met, the deposit will be returned to you.
- A provision (there are exceptions though) whereby you have the option of continuing with the transaction if a condition is not met.
- Our team will take the time to explain all aspects of the Agreement of Purchase and Sale including:
- What you have to look for
- Additional costs such as Land Transfer Tax
- Specific aspects associated with moving into the home
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:
- Assist you in determining which insurer is best for you
- Negotiate your premium
- Review the policy and inform you what coverage you have and what you need to do in the future to stay insured
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.
- Extensions and Termination If there is no clause in the Agreement of Purchase and Sale preventing the builder from extending the closing date, the builder may initially extend the closing date for 120 days if a construction delay is caused by a strike, fire, flood, act of God or civil insurrection. You may then terminate the transaction by delivering a notice of termination within the 10 days following the initial extension period. If you choose not to, the builder may extend the closing for up to an additional 120 days (240 total). After the 240 days, the agreement will automatically be terminated unless the parties agree otherwise. If the home is not completed by the end of the second extension period or the builder has not taken all reasonable steps to construct the house without delay, you can make a claim for damages against the builder.
- Price Adjustments The purchase price may be increased by certain additional costs or charges such as hydro and gas connection fees or fence installation fees, etc Mann Law will carefully review the adjustments with you because they directly determine the amount of extra money that you will be required to pay on closing. We will try to negotiate the deletion or reduction of some of these charges or propose a cap on some or all of these undetermined costs.
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 be 18 years of age
- You must occupy the new home no later than 9 months after the conveyance
- You cannot have previously owned a home
- Your spouse cannot have owned a home while he/she was married to you
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.
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.