Perhaps the only time you may need the help of a lawyer is when
you buy or sell your home. For many people, this may also be the
biggest purchase made in their lifetime. It is therefore a good
idea to know in advance what legal services may be required and
which issues should be considered.
When Should You Seek Legal Advice?
You should seek legal advice as soon as you decide to buy or
sell your home. Generally, the realtor involved will provide a
standard form of Real Estate Purchase Contract that will govern the
terms and conditions of the sale. If you sign this contract before
your lawyer has a chance to review it, you will be bound by its
terms. If, on the other hand, you take the time to meet with us
before you sign, we may be able to save you from a
potential dispute or source of anxiety down the road.
Why Should You Seek Legal Advice?
Whether you are buying or selling your home, it is important to
obtain legal advice to ensure that you are properly informed and
aware of the issues that may arise. If you are selling your home
you may want to avoid the expense of obtaining a new Real Property
Report or Survey, especially if you have had this document prepared
in the past and have not made any changes to your property.
If you are selling your present home and buying a new home at
the same time, you may require "bridge financing" which
will allow you to fund the purchase of your new home while awaiting
payment for your present home. You may also wish to transfer a
mortgage registered against your present home to your new home. We
can assist you in making these arrangements with your bank and in
preparing the required documents.
If you are buying a new home, you should ensure that the
property taxes have been paid and that there are no encumbrances
registered against title to the property that may affect your
interest. You should also make sure that the property complies with
municipal planning by-laws and that it does not encroach onto any
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Ontario Court of Appeal confirmed that courts will generally support and uphold decisions of condominium directors because they are better positioned than judges to make decisions pertaining to their buildings.
According to the city bylaws in Calgary, the grading of lots for new buildings must be done properly so that the water never flows toward the new building or any other nearby properties, but away from those buildings.
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