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Why do I need a Real Estate lawyer? Well, buying or selling a home is a big decision; in fact, it will likely be one of the most significant decisions of your lifetime! This life-altering decision requires the support of professionals to make sure that every step is completed diligently, ensuring that every “i” is dotted and every “t” crossed. The person that takes care of the dotting and crossing on every legal document is your real estate lawyer.

The precedent setting judgment of case of Harkness v. Cooney, decided in 1979 at Waterloo County Court (as it was known then) raises an important issue regarding the purchasers’ right to a final walk-through in a real estate transaction.

When most people think of lawyers, they imagine lawsuits and personal injury cases. However, there are a lot of other reasons why you may require professional legal services. For example, if you're planning your will, selling your home or looking to incorporate your business, you will need to hire a lawyer to navigate you through the legal process.

The most important thing is finding the most qualified lawyer for your needs. If you're not sure how to start the process, don't worry, we're here to help. Keep reading for everything you need to know about hiring a lawyer in Kitchener, Waterloo, Cambridge, Guelph or Milton.

1. What Is Probate

Probate (now referred to as Certificate of Appointment of Estate Trustee, with a will or without a will) is the Court process that gives the executor the authority to act on behalf of the deceased and to handle his/her affairs.

Legal fees continue to increase even over the last two years. This seems like the perfect reason to use free online legal forms. Or is it? An online legal boilerplate may not have the critical elements required in a contract. You'll also need to ensure the terms are clear and enforceable in court. 

It's said that "the best things in life are free." But ironically, free things often have a hidden cost. You may end up paying a higher price in the end. This can be the case with free online legal forms. Here are five reasons why:

Did you know that 56 percent of Canadian adults don't have a will? Many people in the Waterloo area think they can't afford to have a will made or don't know where to begin. Failing to have your estate and will in place will be problematic for your loved ones when you pass away. Partnering with an experienced lawyer will ensure the process of creating wills in Ontario goes seamlessly. This article will explain how estate planning and wills work in the area so that you may begin making plans for your future.

A wills and estates plan is vital to ensuring your assets and legacy are honoured. Yet, most Canadians do not have a will in place. Perhaps that's because many do not know where to start. In this article, we look at some frequently asked questions to demystify these crucial legal instruments. 

Keep reading to learn what you need to know.

Beatty et al. v. Wei et al. is a Superior Court of Justice decision dated June 5, 2017. This case is significant because it speaks to representations and warranties made by a Seller in an Agreement of Purchase and Sale, specifically with respect to the relationship between representations and warranties made to the best of the Seller’s knowledge and belief and the ability to rescind an otherwise valid APS.

The above term is often used in the Agreement of Purchase and Sale; but what is the effect of it on representations and warranties?

It is extremely important when buying a rural property that the appropriate warranties are granted from the Seller to the Buyer. The following clause best sums it up:

We recently were contacted by an agent advising us of confusion about new properties sold without tax assessments. The example used was a new property sold within a year of being purchased, where there is no assessment and therefore no property taxes have been paid.

Agents sometimes run into problems when taking a listing because the Seller is aware of a defect and does not want the Agent to disclose the defect. The problem is that the obligations of Sellers are not the same as the Agent. The Agents have a broader duty of disclosure than do the Sellers. Agents, under the regulations pursuant to your Code of Ethics are obliged to disclose material facts relating to the property.

I recently gave a seminar for the Kitchener Waterloo Real Estate Board on Family Law issues in Real Estate with my business partner, Barry Paquette, who is a Certified Specialist by the Law Society of Upper Canada in Family Law.

A common problem in Family Law situations is when the client sells a matrimonial home and plans to use their share of the proceeds to buy another home. This “Dream Client” can become a nightmare if the agent is not careful. It is not uncommon for spouses to assume they will receive half (1/2) the equity of the house upon the sale. It is important for agents to ensure their client has a separation agreement in place, dealing with the proceeds of the sale of the house, or at least an irrevocable direction to the lawyer acting on the sale for what is required to complete the new purchase, before the spouse commits to a firm agreement of purchase and sale on a new house.

1. How much time do you require to complete a purchase/sale/refinance file?

Depending on the time of year, we require a minimum of 10 business days to complete your transaction. If your time period is shorter, please contact us at 1-877-744-2281 in order to determine whether we will be able to assist you on a rush basis.

At this point in time, we are not sure what the COVID-19 is going to do to the volume of real estate deals. Right now, we are busy; however, with many people wisely following the government orders to stay at home, self-distance and so much of the economy has shut down, we expect to see a market slowdown as a result of the Pandemic.

Bridge Financing

With the current climate of social distancing, many financial institutions and banks have closed several branches, and reduced hours of operation. For example, the few Scotiabank branches operating have reduced their hours from 10:00 a.m. to 2:00 p.m., Monday through Friday. Banks are also reducing staff and limiting the number of clients allowed in their branches, creating longer wait times.