Real Estate Law

We will review your Agreement of Purchase and sale, prepare closing documents and complete your real estate transaction. We offer remote and in-person appointments.

Homeowners or property investors may choose to mortgage or refinance the real property for different reasons such as:

• to secure funds for a renovation;
• to consolidate debt;
• to take advantage of a more beneficial interest rate;
• to remove someone from the title;
• to access home equity for further investment.

Are you a first-time homebuyer? To qualify for the first-time buyer land transfer tax refund:

• The purchaser must be at least 18 years old;
• The purchaser must occupy the home as their principal residence within nine months of the date of transfer;
• The purchaser cannot have ever owned a home, or an interest in a home, anywhere in the world, at any time;
• If the purchaser entered into an agreement of purchase and sale before December 14, 2007, the home must be a newly constructed home, and the purchaser must be eligible for the Tarion New Home Warranty;
• If the purchaser has a spouse, the spouse cannot have owned a home or had any ownership interest in a home, anywhere in the world, while he or she was the purchaser's spouse. If this is the case, no refund is available to either spouse.

Please contact our office if you are unsure as to whether you qualify for this refund.

The Status Certificate package usually includes the following documents:

• Status Certificate (Form 13);
• Declaration;
• By-laws;
• Current budget;
• Form 15 – Notice of Future Funding re: the Reserve Fund;
• Shared Facilities Agreements (if applicable);
• Insurance certificate;
• Rules; and
• Financial Statements.

The purpose of the status certificate review is to inform you of what your lawyer views as important legal matters with respect to the condominium corporation and the building in order to allow you to assess the risk of the purchase transaction.

You should also read on your own the status certificate documents. There may be items of interest or concern to you in the status certificate package (i.e. lifestyle) that do not present any particular concern from a legal perspective.

If you decided to cancel the contract within the status certificate contingency period under the Agreement of Purchase and Sale, you must do so in writing, deliver the notice to the seller, and confirm receipt by the seller or seller's agent.

The lawyer will review the Agreement of Purchase and Sale prepared by the builder's lawyer and provide the comments in writing. It is usually appropriate to request amendments to the Agreement in order to cap or remove some of the adjustments or charges.

A transfer of ownership/title is a process in which a person is added or removed from the property ownership/title by the owner. We act on family transfers, transfers according to minutes of settlement or a separation agreement. We offer remote and in-person appointments.