Chown Cairns Legal Advice Blog

Real Estate Law Practice

Recent Posts

Should you use your realtor’s real estate lawyer referral?

Posted by Real Estate Law Practice on May 25, 2017 10:43:00 AM

Many clients do not realize the value of their real estate lawyer until they are well into the transaction process and their lawyer has uncovered an issue or a clause that could affect the transaction agreement.

Your real estate lawyer’s sole obligation is to protect your rights within the confines of the law. Thus, they are valuable to you throughout the real estate estate transaction and we’d recommend engaging an experienced lawyer at the beginning of the process.

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Topics: Real Estate and Land Law

How to choose the right Niagara real estate lawyer

Posted by Real Estate Law Practice on May 4, 2017 4:09:00 PM

A real estate lawyer is an essential part of the process of buying or selling a home. In a hot market, like the one Niagara is currently experiencing, hiring the right lawyer is essential. Your real estate lawyer’s role is to represent your interests and to ensure that you and your asset are legally protected throughout the transaction process.

Buying and selling real estate involves a number of legally binding tasks including the preparation or review of an agreement of purchase and sale and the transfer of title insurance. Where your realtor can help you market your home or find the one of your dreams, your lawyer will ensure that your interests are protected.

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Topics: Real Estate and Land Law

Common legal mistakes to avoid when selling your home

Posted by Real Estate Law Practice on Apr 27, 2017 1:16:47 PM

Selling your home is a complicated process that involves navigating many legal issues and requirements. These legalities may seem overwhelming, but working with the right Niagara real estate lawyer should make this process simple and easy for you.

There are certain legal tasks that are commonly done wrong, which have the potential to result in serious complications for homebuyers or sellers. During the real estate transaction, it’s very important to ensure that both you and your real estate lawyer keep these common mistakes in mind so that they are not replicated in your transaction, and you finish the purchase or sale of your home without any unforseen consequences.

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Topics: Real Estate and Land Law

What to expect on closing day of real estate purchases

Posted by Real Estate Law Practice on Mar 21, 2017 11:53:38 AM

Purchasing a home is an incredibly exciting time, but it is also a complicated process. You are likely familiar with the basic steps of this process. You must search for a home, secure a mortgage and make an offer to purchase. When you lay out your Agreement of Purchase and Sale contract with your realtor and then review with your lawyer, there are a number of clauses that must be negotiated, including your closing date.

Your closing date will determine the date of the transfer of property ownership and requires preparation on your own behalf, as well as, your lawyers.  

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Topics: Real Estate and Land Law

Understanding conditional offers when purchasing a home

Posted by Real Estate Law Practice on Feb 14, 2017 11:29:00 AM

There are many reasons in which prospective homeowners may submit a conditional offer. The most common reason to do so is to protect the buyers in the case that the home inspection report reveals extensive renovation needs or if their financing does not come through.

Typically a conditional offer is structured with a deadline for expiry of each condition and the purchaser can give notice of either waiver or fulfillment of those conditions. If the conditions are not met the offer to purchase becomes void and the purchaser’s deposit is returned.

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Topics: Real Estate and Land Law

Legal Considerations for First-Time Landlords

Posted by Real Estate Law Practice on Jan 17, 2017 9:32:15 AM

 

Becoming a landlord is a popular financial strategy. Whether you’re purchasing a new home to rent out, are renting out a portion of your current home or sub-leasing your apartment, there are several legal considerations for first-time landlords.

The Real Estate and Property team at Chown Cairns has decades of experience in landlord-tenant relations. Please see below for their top landlord tips.

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Topics: Real Estate and Land Law

The importance of using a lawyer to buy a custom built home

Posted by Real Estate Law Practice on Dec 13, 2016 12:32:50 PM

Purchasing and building a custom home with a builder affords you the luxury of building a home perfectly tailored to your tastes. It’s a trend that is rising in popularity, especially in the Niagara Region as the population grows and residential resources expand out to accommodate. Newly built homes come with many benefits, specifically, there should not be any serious issues or immediate maintenance costs.

Frequently, home buyers do not hire a lawyer until the purchase deal is almost complete, however hiring a lawyer to review your purchase agreement and negotiations early on, can protect your from the risks and hidden costs associated with purchasing a builder's home.

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Topics: Real Estate and Land Law

Tips for negotiating a real estate purchase agreement

Posted by Real Estate Law Practice on Nov 10, 2016 9:30:23 AM

When purchasing a new home it is important that you get the right representation, so that you have access to the information and protection you deserve in this major purchase. This may include hiring a real estate agent to help you search for your home, draft your agreement of purchase and sale and negotiate terms and fees on your behalf. You are not legally required to hire a real estate agent, your can act on your own behalf and draft your own offers to purchase. To protect your rights, you should have a real estate lawyer review any contractual documents.

Purchasing a home is a large financial decision, you will need to negotiate your real estate purchase agreement, in order to protect your interests and be successful in producing a favourable purchase agreement, use the following tips.

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Topics: Real Estate and Land Law

How to properly prepare closing documents in a real estate transaction

Posted by Real Estate Law Practice on Oct 11, 2016 11:15:19 AM

You’ve found the home of your dreams, you’ve secured a mortgage and now you are well on your way to owning a new home. In order to complete the process, you must hire a real estate lawyer to assist in closing the purchase of your home.

Hiring a lawyer is necessary at this stage, as your lawyer will protect your rights and guide the legalities of the real estate transaction until your keys are delivered. To prepare closing documents your lawyer will move through a number of steps, there is not an average time period for the process, it is dependent on your personal situation.  

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Topics: Real Estate and Land Law

How to mitigate risk when buying a home

Posted by Real Estate Law Practice on Sep 6, 2016 11:53:19 AM

Buying a home is a stressful and risky process, this feeling is heightened for first-time home buyers. Purchasing a home is a highly contracted process; risks lie in fees that you aren’t legally required to pay and a potential misunderstanding of your legal rights or obligations.

The best way to mitigate risk when buying a home is to hire a real estate lawyer. Your lawyers legal advisement will ensure your best interests are taken care of.  

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Topics: Real Estate and Land Law