The Role of the Lawyer in a real estate transaction
Problem:
what does my lawyer do to close my house deal -what should I expect?Solution:
read the following!
Once the offer has been accepted
Once
the Agreement of Purchase and Sale has been signed, you should bring it to your
lawyer as soon as possible. It is a mistake to wait until the last minute to hire
a lawyer. It is best to get your contract to the lawyer as soon as possible after
it has been signed. This allows the lawyer more time to deal with any problems
that may arise in the course of the searches - which in turn can save you money.
Always be sure that the contract gets to the lawyer before the date marked "requisition"
date in the Agreement.
Once the offer has been accepted, your lawyer should
explain to you your obligations under the contract. The lawyer should also advise
you as to what expenses you are likely to incur with respect to the closing procedures,
including Land Transfer Tax, disbursements and legal fees. If you are buying a
New Home from a builder, the lawyer should provide you with an estimate as to
how much you should budget for "hidden charges" such as Ontario New
Home Warranty Enrollment Fee (in Ontario) , Hydro and Water meter installation
charges, Fencing charges. Grading Deposit charges, etc.
If all of the conditions
in the Agreement have been met and the Offer is firm, the lawyer proceeds to conduct
two types of searches, title and off title. Title searches involve investigating
the registered title to the property. Initial off title searches includes utility
searches, property tax searches, building, zoning and planning searches. Title
Insured searches involve different requirements (more on that later - see Title
Insurance)
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