Toronto Property Title Review Lawyer
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Property Title Review Lawyer in Toronto
We are conveniently located in midtown Toronto, minutes from the Eglinton-Yonge station. Call us at 647-300-8391 or click the button above to book a FREE consultation.
Property Title Review Lawyer
Property Title Review
The title to a property is a legal document that outlines ownership rights. A thorough title review is indispensable because it unveils any potential issues that could impact the property’s ownership, marketability, and value. Here’s why this step is pivotal:
Identifying Encumbrances: Our title review lawyer can review property records to uncover any encumbrances, such as liens, mortgages, easements, or claims that could affect the property’s clear title.
Ensuring Marketability: A clean title is a hallmark of a marketable property. Our lawyer can review the title and advise if it is free from defects that might hinder its sale or financing.
Mitigating Risks: By pinpointing potential title issues, we provide the opportunity to resolve them before they escalate, saving you time, money, and potential legal battles.
Document Examination: Our lawyer can review property documents, land records, and historical records to trace the ownership history and uncover any irregularities.
Title Clearing: If issues arise, we can work to clear any encumbrances, whether negotiating with creditors or rectifying errors.
Off-Title Searches: We extend our examination beyond property titles, conducting thorough off-title searches to ensure no hidden liabilities, unpaid taxes, or outstanding debts exist.
Informed Decision-Making: Armed with our comprehensive title review, you can make informed decisions about property acquisition, ensuring that you confidently enter transactions.
If you need the assistance of a Toronto Real Estate Lawyer, contact us today and see how we can help.
What Can a Title Search Find?
A thorough title search is a crucial step in any real estate transaction. It involves examining a property’s historical records, documents, and public records to determine its ownership history, legal status, and potential issues. Here are some of the key aspects that a title search can uncover:
Ownership History: A title search reveals the property’s chain of ownership, showing all previous and current owners. This information confirms the current seller’s legal right to sell the property.
Liens and Encumbrances: A title search can identify liens, mortgages, charges, and other financial encumbrances against the property. These encumbrances can impact the property’s clear title and marketability.
Easements and Restrictions: Easements, which grant specific rights to others over the property (e.g., utility companies), and property use restrictions can affect the property’s potential uses and development plans.
Unreleased Mortgages: Occasionally, a mortgage might not be officially released even after it’s been paid off. A title search can uncover such discrepancies.
Missing Heirs or Beneficiaries: In some cases, a property might have multiple owners, and locating all relevant parties is crucial to ensure a valid sale.
Probate Proceedings: If the property was part of a deceased person’s estate, the title search can reveal if it went through probate and if the necessary legal steps were taken.
Errors in Documentation: Title searches can uncover clerical errors or mistakes in previous documents that could affect the property’s title.
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Real Estate Law Frequently Asked Questions
+ When to Contact a Real Estate Lawyer?
Buyers and sellers will want to contact a real estate lawyer as soon as an Offer to Purchase is signed. Conveyance of a property can be complex and time-consuming – real estate lawyers have the experience and expertise to make sure the process is smooth and headache-free. Your Lawyer can explain the terms in plain language the steps you will need to take and help you guide throughout the process.
+ What services do real estate lawyers provide?
Real estate lawyers provide a wide range of services, including drafting and reviewing contracts, negotiating deals, conducting due diligence, advising on zoning and land use regulations, handling title searches, and order title insurance.
+ When do I need to hire a real estate lawyer?
Whenever you are involved in a real estate transaction, whether you are buying, selling, leasing, or managing property, you should consider hiring or consulting a lawyer.
+ What is a title search?
A title search is a process of examining public records to determine the legal ownership of a property and to identify any liens, mortgages, or other encumbrances on the property.
+ What is title insurance?
Title insurance is an insurance policy that protects the buyer and lender from losses that may occur due to defects in the title, such as undisclosed liens, boundary disputes, or errors in public records.
+ What does “disbursements” mean?
Disbursements refer to the various expenses incurred during a real estate transaction. These expenses can include things like land transfer taxes, title searches, title insurance, appraisal fees, tax certificates, software and office charges, and any other costs that are associated with the transfer of ownership from one party to another.
+ What Happens If I have a signed Agreement of Purchase and Sale but find a better property?
The Agreement of Sale and Purchase is a legally binding document that can be enforced in court. Therefore, it is not advisable to sign a second agreement without the seller’s consent to release you from the first agreement, or without being willing and able to purchase both properties.
+ Can I get my deposit back If I change my mind?
While it is possible to back out of a real estate deal, there are potential consequences. In cases where the seller incurs expenses such as mortgage holding costs or legal fees, or is unable to quickly resell the property, there is a likelihood that you may lose some or all of your deposit. Furthermore, if your offer was considerably higher than the new buyer’s, the other party may choose to pursue legal action against you.
+ What is the Land Transfer Tax?
Purchasing land entails paying taxes to the Province of Ontario, determined by the land’s assessed value. If you are a first-time homebuyer, you may qualify for a partial land transfer tax refund.
Please refer to the Government of Ontario website for calculating the Ontario Land Transfer Tax:
https://www.ontario.ca/document/land-transfer-tax/calculating-land-transfer-tax
If the property is located in Toronto then an additional Toronto Municipal Land Transfer Tax will also apply:
+ How much does it cost to hire a real estate lawyer?
The cost of hiring a real estate lawyer varies depending on the nature of the work, the type of the real estate transaction, the complexity of the transaction, and the experience of the lawyer. Some lawyers charge on an hourly basis, while others charge a flat fee.
+ Can I use a real estate agent instead of a real estate lawyer?
Real estate agents can help you find a property that suits your needs and provide valuable assistance in buying or selling a property, but they are not licensed to provide legal advice. It is important to hire a real estate lawyer to ensure that your legal interests are protected.
+ What is the Agreement of Purchase and Sale?
An agreement of purchase and sale is a legally binding agreement between a buyer and seller that outlines the terms and conditions of a real estate transaction, including the purchase price, financing terms, and contingencies. It defines the rights and obligations of both sides regarding the subject real estate transaction.
+ What is a contingency?
Typically, certain agreements of purchase and sale contain contingencies (or conditions) that must be met before a real estate transaction can be completed. Common contingencies include home inspections, financing approval, and appraisal.
+ What is an easement?
An easement is the legal right for one property owner to enter another’s without permission. An Easement runs with the land and binds all subsequent owners.
+ Can a real estate lawyer help with leasing commercial property?
Yes, a real estate lawyer can help with leasing commercial property by negotiating lease terms, reviewing contracts, and ensuring that the lease complies with applicable laws and regulations. Both landlords and tenants can hire their own real estate lawyers in order to obtain legal advice and other legal services regarding the lease.
+ What does a real estate lawyer do?
Real Estate Lawyers handle the Conveyancing of the Property, which includes handling the paperwork that transfers the property title to your name, dealing with your mortgage financing, and coordinating paying the seller the purchase price. Real estate lawyers review the legal documents and issues related to a transaction, including the legal review of the Agreement of Purchase or Agreement of Sale.
Buying or selling a home in Toronto might be challenging since this may be the most important transaction in a lifetime. While making every effort to ensure the transaction is closed smoothly and on time, our lawyers will also assist you in understanding the details of your transaction and strive to be accessible to you throughout the process. We provide quality legal services in real estate law to individuals and businesses while protecting the best interest of our clients, even in the most complex matters.
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Title Review Lawyer Near You
We conveniently serve the following nearby locations
Brampton | Burlington | Etobicoke | North York | Markham | Mississauga | Oakville | Richmond Hill | Scarborough | Toronto | Vaughan