Real Estate Law

Falling behind on mortgage payments is a stressful experience for any homeowner. In Ontario, when a borrower defaults on their mortgage, lenders have legal remedies to recover the money they are owed. The most common of these is the "power of sale," a legal process that allows a lender to force the sale of a property. While it may sound similar, a power of sale is fundamentally different from a foreclosure. Understanding this distinction, along with the detailed steps and timelines involved, is crucial for both borrowers and potential buyers navigating Ontario's real estate market. Power of sale vs. foreclosure: What's the difference? The primary difference between a power of sale and a foreclosure in Ontario lies in the property's ownership. Power of Sale: The borrower retains ownership of the property throughout the sale process. The lender acts as a vendor to sell the property and collect the outstanding debt. Once the sale is finalized, any surplus funds—after...

Even the most straightforward property deal can encounter problems. Here are the most common real estate disputes in Ontario and how a skilled lawyer can help resolve them. 1. Breach of Contract If one party fails to close or meet obligations, your lawyer can negotiate, enforce, or seek compensation through court action. 2. Misrepresentation by the Seller Undisclosed defects like water leaks or structural issues may lead to legal claims for misrepresentation . 3. Title or Ownership Disputes When liens, fraud, or unclear ownership arise, your lawyer works with the Land Registry Office and title insurance to resolve them. 4. Boundary and Easement Issues Neighbour disagreements about fences or property lines can be clarified with surveys and legal documentation. 5. Deposit Disputes If a deal collapses, lawyers determine who legally keeps the deposit under Ontario contract law. 6. Mortgage and Financing Issues When financing fails, your lawyer can negotiate an extension or alternative so...

When purchasing a home in Ontario, understanding the types of insurance you will need is crucial to protecting your investment. Many buyers often confuse title insurance with home insurance, but these two serve very different purposes. This article will clarify the differences between the two and provide insights into the typical insurance coverage for homes in Ontario. Title Insurance vs. Home Insurance Title insurance is designed to protect homeowners from potential issues related to the legal ownership of their property. When you buy a home, you are not just purchasing the physical structure; you are also acquiring the title to the land and any associated rights. Title insurance safeguards against risks such as title fraud, undisclosed liens, or other encumbrances that could jeopardize your ownership rights. In Ontario, title insurance is generally a one-time premium payment made at the time of closing, ensuring you have peace of mind regarding the authenticity of your property titl...

If you’re a home buyer and have recently signed the agreement of purchase and sale, you might be wondering if it’s still possible to make changes. This is a common concern for many first-time buyers and even seasoned investors. Understanding the implications of signing this crucial document is essential for a smooth transaction and for making informed decisions moving forward. First, it's important to clarify what the agreement of purchase and sale entails. This legal document outlines the terms of the property transaction, including the sale price, closing date, and any conditions that must be satisfied before the sale is finalized. Once this agreement is signed by both parties—the buyer and seller—it generally becomes a binding contract. However, there's still room for flexibility, depending on the specifics of the agreement and the circumstances involved. One of the first things you should assess is whether your changes involve significant terms of the contract, such as the ...

Purchasing your first home is an exciting milestone, but it can also be one of the most complex transactions you’ll ever encounter. The process entails numerous legal documents, negotiations, and potential pitfalls. While it’s naturally thrilling to find your dream home, it’s vital not to overlook the importance of having a knowledgeable lawyer by your side throughout this journey. Here’s why hiring a lawyer when buying your first home in Ontario is not just a recommendation but a necessity. Understanding the Legal Framework The real estate market in Ontario is governed by a myriad of laws and regulations. A qualified real estate lawyer will have a deep understanding of these legal frameworks, ensuring that you comply with all applicable laws. They can help you with the Ontario Land Transfer Tax, which is calculated based on the purchase price of the home, among other legal considerations. Additionally, understanding zoning laws and legal restrictions related to your property can save ...

Navigating the Ontario real estate market can be overwhelming for both home buyers and sellers, especially given the rising home prices and changing finance regulations. However, one way to ease the financial burden of purchasing a home is to utilize savings from your Registered Retirement Savings Plan (RRSP) or Tax-Free Savings Account (TFSA). Understanding how these accounts can work for you is crucial for making informed decisions. RRSP: The Home Buyers' Plan Firstly, let’s talk about the RRSP. The Canadian government offers a program called the Home Buyers' Plan (HBP), allowing first-time home buyers to withdraw up to $35,000 from their RRSP to put towards the down payment of a home without facing immediate tax penalties. If you’re buying a home with a partner, both of you can withdraw this amount, totaling $70,000. To qualify for the HBP, you must meet a few criteria. You need to be a first-time home buyer, which means you have not owned a home in the last four years. Addi...