Real Estate Law

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For Sellers

It is common for real estate transactions to involve both a real estate agent and a lawyer.

When selling your home your real estate agent helps with marketing and finding a buyer for your home. Once your agreement of purchase and sale is signed you will need a lawyer to handle the legal aspects of the transaction to ensure a smooth and legally sound sale.

At The House Lawyer a typical sale includes:

Reviewing and Drafting Legal Documents: We review and draft any legal documents related to the sale of your home. This could include drafting the agreement of purchase and sale (in the event you are not working with a real estate agent), drafting amendments and preparing documents for closing.

Sub-search of Title: The lawyer for the buyer of your house will conduct a title search of your home to ensure you have good title and to determine if you have any outstanding liens, mortgages, lines of credit, rent-to-own contracts or other encumbrances on the property. As the seller’s lawyer, we will also talk to you about encumbrances so we can be prepared to deal with them before closing. We correspond with the buyer’s lawyer to confirm that you have clear title and that any encumbrances are dealt with appropriately on closing.

Preparation of Closing Documents: We prepare the necessary closing documents, including the deed and statement of adjustments. The statement of adjustments outlines the financial details of the transaction, such as the final sale price, adjustments for property taxes, heating sources such a fuel oil or propane, and any other relevant costs. We coordinate a meeting, either in person or remotely. For you to sign the closing documents don’t forget we also house make house caus in the Cobourg area.

Notarizing Documents: We notarize and witness the signing of important legal documents, ensuring that they are legally binding.

Closing the Transaction: On the closing day, we exchange legal documents and funds with the buyer’s lawyer. Once everything is in order, we facilitate the transfer of ownership to the buyer via the province’s land registry system. We ensure that all necessary payments are made, as per the statement of adjustments, including paying out any encumbrances, and transferring the balance of the proceeds of sale to you. Shortly after closing you can expect a detailed report from us outlining the transaction and confirming the success completion of your sale. 

Addressing Liens and Outstanding Encumbrances: If there are any outstanding debts or liens on the property, we work to address them, either before the sale is finalized, or if the debt involves paying off existing mortgages or other obligations out of the closing proceeds, we ensure that debts are paid on closing and monitor to ensure that a discharge of the encumbrance is registered as soon as possible thereafter. This is something we undertake to do, with the buyer and their lawyer, in the closing documents.

Representation and Advocacy: Throughout the process, we represent your interests and advocate for you in any legal matters that arise during the course of closing your sale transaction. If there are any issues, we will work with you and the buyer’s lawyer to resolve them as favourably as possible.

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