Buying a house is an exciting moment in one’s life, but it may become stressful thing if it is not handled by a professional lawyer. . There is a long list of procedures that can be confusing to some, and then there’s the matter of the humungous price of the house as well. But that is not all, because there are laws of real property that are involved in the process and agreements being signed. These processes need the supervision and professional services of a lawyer to deal with any problems that may arise during the transaction. Real estate lawyers are helpful when reviewing contracts, conducting title searches, studying easements, covenants and dealing with any legal problems that may arise during buying or a selling of a house. It is also a lawyer job to satisfy lender’s mortgage instruction and requisition funds to bank for closing the deal.
Buying a house:
In a typical buying and selling process, the lawyer acts as an overseer for the exchange from the buyer’s side, the lawyer will review the contract or agreement of purchase and sale to make note of any deadlines to ensure the deal takes place on schedule. The lawyer will perform title searches to make sure that buyer is buying a good and marketable title. The lawyer’s job is to review and examine all the instruments which are registered on the parcel register of a particular property. He has to make sure if any instrument may impact or interfere with the reasonable enjoyment of the property and ultimately affects the title. He will also act as an intermediary between the buyer and the lender(Bank) , and at times hold keys and funds in escrow which will later be transferred when everything is approved.
Selling a house:
From the seller’s side, the real estate lawyer also performs similar duties. He or she will review the contract of purchase and sale and make sure everything is in order. Lawyer will obtain property tax information, request the pay-out statement to bank for existing mortgage on the property, receive the funds in escrow from the purchaser’s lawyer. The lawyer will release transfer to purchaser’s lawyer upon receipt of funds, pay the existing mortgage from the sale proceeds and transfer balance to the seller after deducting fee and disbursements. . The lawyer will also inform the municipality about the change in ownership of the property and will take care of any official changes on that end.
Refinancing refers to the replacement of an existing debt (in this case a mortgage loan) with another debt, under different terms. When buying and selling houses is concerned, you may take the new debt to clear off your mortgage in one go. This is a common phenomenon among homeowner and one that warrants the attention of a lawyer. First and foremost the lawyer can oversee the signing of the contract and make sure that everything is in order. In the case of second and third mortgages, they are going to be competing for payments from the borrower, and this will create the problem which the lawyer can help sort out. If the payments are not made regularly for some reason then a foreclosure proceeding may take place, where the borrower may forfeit the ownership of home which will then be sold. It can be avoided depending on certain state property laws, where a lawyer can help you. If things take a turn for the worst and you have to go to court to file a lawsuit, then this lawyer may represent you there as well.
Selling and buying has never been an easy decision in life. As, real estate frauds are on rise in Canada. In order to buy a good marketable title, you need a qualified real estate lawyer to close your deal. It also matters to you how much you are paying in legal fee and disbursement to a lawyer for closing your sale/purchase deal.
We provide affordable services in the real estate area which include:
- Refinancing Your Home
- Selling Your Home
- Buying Your Home
- Buying or Selling the Business
- Reviewing or Writing Contracts