Real-Estate Law

Def: Real estate law encompasses the purchase and sale of real property, meaning land and any structure on it. It also covers legal issues related to anything that is attached to the property or structures, such as appliances and fixtures.

Real-Estate Law at Rose Law Firm

We represent clients on a broad range of real estate matters including both commercial and residential purchase and sale transactions and mortgage transactions.

We encourage clients to engage us earlier on in the process before the deal is inked.

The following are just some examples of the various areas of real estate law where we go above and beyond in assisting our clients.

A few examples of areas where our Real-Estate lawyers can help:

Prepare & review of agreements of sale and purchase

Purchase and Sales agreements are often written in very small print and there is not much space to make changes.

For this reason, it is important to take the offer to our lawyers before signing it. Our lawyers will explain the agreement to you to ensure that it is acceptable.

With our lawyer’s advice and assistance, you may also be able to delete or change terms that are heavily weighted in the other party’s favour.

Complete closing transactions (Residential & Commercial)

When closing a real estate deal, there is limited time to address numerous legal and practical issues. Great care must be taken to make sure that there are no clouds on title so that the client does not purchase or sell where title is not clean.

At Rose Law Firm, we know  that even the most attentive efforts will sometimes overlook key details in closing documents and create problems for purchasers that could have been easily avoided.

That is why we are so diligent in our work so we can avoid creating problems that a less  diligent lawyer might create. Sometimes these problems arise out of inconsistencies between real estate instruments, title, and the closing documents themselves. Sometimes, the purchaser’s intentions are incompatible with restrictions on the property.

Ensuring that you understand the current nature and use of the property, along with the purchaser’s intentions, can help prevent these oversights from becoming headaches down the road.

Our lawyers are available at every step of the way to make sure this process is painless, and you are protected in every aspect of the transaction.

Title and off-title searches

At the Rose Law Firm, we understand the complexity of commercial real estate transactions and never treat any deal as “everyday”.

We always advise our clients looking to purchase a residential or commercial property to consult with us prior to negotiating any deal so that we may undertake a preliminary search of title to understand what type of issues may be attached to the title of the property.

Our title review includes reviewing all instruments registered on title to the subject property or affecting title to the property. We regularly review encumbrances such as:

  • Easement agreements
  • Right-of-way agreements
  • Restrictive covenants
  • Site plan control agreements
  • Development agreements
  • Subdivision agreements
  • Municipal by-laws
  • Registered leases
  • Liens

We will always review available surveys of the property and point out any concerns to our clients.

We will also review title to all adjacent properties to ensure that there are no issues or contraventions of the Ontario’s Planning Act which might come back to haunt our clients in the future. We also prepare a summary report of our findings for our clients and have a discussion with them so they understand how title to the property is affected by its registered encumbrances and how that may affect them in a future sale.

Further to our title searches, we conduct an exhaustive off-title search. Our off-title searches include inquiries with:

  • The municipal tax department to ensure there are no unpaid realty taxes
  • The municipal water department to ensure there are no unpaid utilities
  • The municipal building department to ensure zoning compliance, that there are no outstanding work orders, that the property was never used as a waste disposal site, no open building permits and that there are no septic tanks on the property

We have acted for many clients purchasing residential multiplexes, apartments, commercial plazas, and commercial office buildings. In these situations we undertake thorough due diligence of all leases.

We will review all current leases and summarize key terms to our clients in an easy-to-understand manner.

The Rose Law Firm real estate law team are well versed in all aspects of commercial and residential real estate law in Ontario and have years of experience acting on behalf of our clients to achieve their goals.

We regularly work together with real estate agents and mortgage brokers to ensure that our clients complete their transactions with ease and without worry.
We understand that our client’s livelihoods are tied into their commercial real estate holdings and we are proud to represent them.

Mortgage documentation

Our lawyers are the only independent advisor and the only party involved who will work to protect your interest in these with complex mortgage documents. We will clarify complex mortgage documents so that you fully understand the lending criteria.

We will make sure you understand:

  • The specifics of what you are borrowing
  • The security that you are giving to the bank in exchange for borrowing the money
  • The lender's Standard Charge Terms (including what the lender can do if you do not make your mortgage payments or other payments on time (e.g., condominium common expense payments, property tax payments)
  • An explanation of what is currently on the title to your home

Our lawyers will work to ensure that the old mortgage(s) is paid off from the money included in the new mortgage and, once they have been paid, we will ensure that the old mortgage(s) is discharged from the title to your property.

Our clients always take possession of their property with peace of mind.

Learn more about Real-Estate Law:

Need legal advice?

If you would like us to help you navigate the laws of business, get in touch with us for a preliminary call.

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