Toronto Property Title Review Lawyer

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Property Title Review Lawyer in Toronto

Insight Law Professional Corporation is a Law Firm Located in Toronto that provides individualized attention for Property Title Review. Our title review lawyer will handle the review of your title review request related to the property. The process of a title search is typically performed by a real estate law firm or title company on behalf of the buyer or the lender if the transaction is financed. The title review identifies the legal ownership of the property. A title search also identifies whether there are any outstanding claims or recorded liens against the property. We assist our clients every step of the way, recognize different types of properties and their unique considerations and guide our clients through the process.

We are conveniently located in Midtown Toronto, minutes from the Eglinton-Yonge subway station. Contact us at 647-300-8391 or click the button above to book a FREE consultation.

Toronto Real Estate Lawyer
Property Title Review Lawyer

Simplified Process

Calculate Your Quote

Fill out our form here and we will contact you to provide a detailed estimate for your mortgage transaction. If you do decide to close the transaction then we will include the title review fee within the legal fees.

Collect Your Documents

Forward us a copy of the agreement of Purchase and Sale or the legal description of the property

Document Execution

We will meet with you in person or remotely for the title review.

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 it’s 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 assistance from a Toronto Real Estate Lawyer, contact us today and see how we can help you.

What Can a Title Search Find?

A thorough title search is a crucial step in any real estate transaction. It involves examining historical records, documents, and public records related to a property to determine its ownership history, legal status, and any potential issues. Here are some of the key aspects that a title search can uncover:

Ownership History: A title search reveals the chain of ownership for the property, showing all previous and current owners. This information confirms the current seller’s legal right to sell the property.

Liens and Encumbrances: Liens, mortgages, charges and other financial encumbrances against the property can be identified through a title search. These encumbrances can impact the property’s clear title and its 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

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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.

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.

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.

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.

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.

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.

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.

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.

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:

https://www.toronto.ca/services-payments/property-taxes-utilities/municipal-land-transfer-tax-mltt/mllt-calculator/

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.

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.

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.

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.

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.

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.

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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