While some banks and mortgage companies require that their clients retain a Lawyer to finalize their mortgage refinancing transaction, it is now very common that some lending institutions would rather finalize it themselves or use a mortgage processing company. Nevertheless, most lenders will still give you an option of retaining your own Lawyer to finalize the transaction.
Benefits of using a Lawyer
Your Lawyer will help you to review and understand complex mortgage documents, such as the mortgage disclosure statement and standard mortgage terms, and will also explain to you your rights and obligations under the mortgage.
They will make sure that your old mortgage is discharged from the title to your property. As a Lawyer, I regularly see mortgages registered on title that were paid off many years ago, but have never been discharged by the bank. Your Lawyer will also go through the mortgage discharge statement with you to ensure that the payout amount to discharge your old mortgage is correct.
Finally, your Lawyer will make sure that the terms for the mortgage being registered on title are the same terms you have negotiated with your lender. It is not uncommon for some people to later discover that the amount of the mortgage registered on title is a lot higher than the actual amount of the mortgage they received from the lender. This can negatively affect their chance of getting a second mortgage or adding a secured line of credit from a different lender.
We placed an offer on a house, which was accepted by the sellers. The agreement is conditional upon a satisfactory home inspection. The house was built only a few years ago and we are considering waiving our right to a home inspection. If we do, what rights do we have if we discover some deficiencies in the house after the closing date? Should I wave my right to a home inspection?
The law in Ontario is pretty clear: “let the buyer beware”. Unless there is a fraud, misrepresentation or mistake made by the seller, the buyer takes the existing property as he finds it. Therefore, most of the time the buyer can’t make a claim against the seller for any deficiencies discovered after closing. The general rule is that there is no obligation to disclose any defects that the seller is aware of. The only exceptions to this rule are serious hidden defects. Hidden defects are those that are not discoverable by a reasonable inspection. Further, such defects have to be serious enough to either affect the integrity of the house or render the house unfit for human habitation. Hidden defects are also those defects that the seller is trying to conceal.
Representations and Warranties
The sellers of residential real estate in Ontario are not obliged to provide any representations or warranties to the buyer.
The standard Agreement of Purchase and Sale for a resale home used by real estate agents does not contain any warranties in regards to the physical condition of real estate property, except for a very limited warranty related to ureaformeldahyde insulation. The buyer might try to negotiate warranties into the agreement of purchase and sale, however this is very rare.
A proper home inspection performed by an experienced home inspector is the best way to protect you from any unpleasant surprises. While a home inspector might not be able to identify all defects, especially hidden ones, it is the only way to learn what you are buying and to make an informed decision about one of the most important purchases of your lifetime.
A lot of people wrestle with the idea of whether they need a real estate Lawyer to handle small real estate transactions. They are unsure if they should hire a real estate law firm Kanata property buyers have hired to help them. The answer is always going to be yes when it comes to hiring a real estate Lawyer to navigate any type of real property transactions.
A good real estate Lawyer is on your side, that means they are looking out for your best interest and will ensure that your interests are protected. Real estate law firms specialize in real property law and deliver the support that you need.
When Do You Need to Consult With a Lawyer?
A lot of times buyers will just let the sellers’ Lawyer manage the real estate transaction, unfortunately, this can be a mistake. Whether you are buying or selling, you want to have your own real estate Lawyer on your side.
You want to be sure that you are getting the support that you need to make an informed decision about your real estate transactions and the only way to do that is by hiring an expert in real estate law. You need a real estate Lawyer when:
- You are buying residential property, commercial property, or land
- You are selling residential property, commercial property, or land
- You are ready to sign a contract for the purchase or sale of property (before you sign)
Having the trusted advice of a real estate law firm Ottawa residents have gotten support from can ensure that you are making informed decisions about your transactions. The ideal time to hire a real estate Lawyer is before you sign the purchase contract.
Knowing exactly what you are agreeing to gives you the power to go into the situation with your eyes wide open. A Lawyer that specializes in real estate will review your contract, provide feedback, and help you negotiate the best deal.
It is important that you have an Lawyer on your side for any type of real estate transaction no matter how small or large. Protecting your interests should be a priority for you and an Lawyer can do that.
Get the legal support that you need to have the peace of mind that you want.
As a first time home buyer you may be eligible to receive a partial refund of the Ontario Land Transfer Tax which is charged on real estate purchases. The First Time Home Buyers’ Tax Credit and the Home Buyers’ Plan are federal programs that provide assistance.
Land Transfer Tax (LTT)
The Land Transfer Tax is paid to Ontario government whenever there is a registered change of ownership of real property. While there are certain exceptions, the land transfer tax is generally payable whenever someone purchases a residential home. The amount of the LTT depends on the purchase price and the current tax rate rises progressively from 0.5% on the first $55,000 of the purchase price to 2% of the amount of purchase price which exceeds $400,000.First time home buyers get a LTT refund up to a maximum of $2,000. To qualify for this refund, you must not have owned a home anywhere in the world in the past and you must use your new home as your primary residence within nine months of the purchase. If you are buying a home together with someone that is not a first time home buyer, you can still receive half of the refund.
First Time Home Buyers’ Tax Credit (HBTC)
The First Time Home Buyers’ Tax Credit is available for the taxation year in which a first home is purchased. The value of this tax credit is $5,000. It can lower a person’s income tax by up to $750.
Home Buyer’s Plan (HBP)
Home buyers can withdraw up to $25,000 from an RRSP if the funds are used towards the purchase of their home. Although there are no immediate tax consequences at the time of withdrawal, the full amount must be repaid to the RRSP within 15 years. To qualify, the Purchaser must not have owned a home in the preceding four years.