The Haq Mehr


I AM MUSLIM AND I WANT A DIVORCE

In my previous discussion regarding Muslims and Divorce in Ontario I discussed the idea of the Haq Mehr

If a Muslim couple or individual is either seeking a divorce in Ontario or looking at the legal impact of the Haq Mehr they should consult with a family law lawyer who has expertise in Islamic law.  It's also a good idea to consult your local imam in order to determine that the Haq Mehr is in compliance with Islamic Law. 

Whether or not the Haq Mehr is enforceable depends on the basis of whether it is a binding enforceable legal contract that satisfies terms of the Ontario Family Law Act.

HOW DO I ENSURE THE HAQ MEHR IS ENFORCEABLE?

In order to ensure the Haq Mehr or also referred to as an agreement is enforceable its terms should be reduced to a domestic contract the parties should ensure it complies with section 55 of the Ontario Family Law Act. in that it:

  1. Is in writing;
  2. Signed by both parties; and
  3. Witnessed.

HOW CAN THE HAQ MEHR BE SET ASIDE? 

Section 56(4) of the Ontario Family Law Act states that if the Mehr is recognized as a domestic contract it can be set aside if:

  1. A party fails to disclose significant assets, debts or liabilities existing when the contract was made;
  2. A party did not understand the nature or consequences of the contract or;
  3. Otherwise in accordance with the law of contract.

If prior to marriage the Muslim couple had an understanding of how the Mehr would be returned then it must be incorporated into writing. Parties should not presume that the Mehr will be automatically returned on the breakdown of a marriage and on whether one party commences the divorce proceedings.

 

FAMILY LAWYER IN BURLINGTON? 

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is a Muslim Divorce in Ontario?


What are my rights as a Muslim in Ontario and divorce?

Very often, I receive calls from Muslims who are looking to get divorced in Ontario and want more information regarding the Haq Mehr. This is a concept entrenched within Islamic scripture and forms Islamic law. According to a 1998 Ontario Court decision, Kaddoura v. Hammoud, 1998 the concept of the Haq Mehr was defined as a gift in that it is akin to a marriage contract. 

The court in referencing the testimony of a local Muslim clergymen stated:

“Mahr” is a gift or contribution made by the husband-to-be to his wife-to-be, for her exclusive property. It is not, however, a gift in the sense that a gift is given by the grace of the giver, but in fact “Mahr” is obligatory and the wife-to-be receives it as of right.

........in many marriages, a portion of the Mahr is paid promptly, that is, before the marriage is consummated, and a portion, often the larger portion, is deferred to be paid on demand by the wife, or upon divorce or upon the death of the husband. In the case of such deferred payment, the portion deferred had the effect of helping look after a wife after divorce or after her husband’s death. He also advised that although a wife could forbear or waive payment of the Mahr, she was entitled to it as a matter of Islamic religious principle.

The court also stated, that the Haq Mehr was essential to a Muslim marriage. 

I NEED A MUSLIM DIVORCE LAWYER 

If you need a lawyer in Burlington or Oakville that can assist with a Muslim Divorce then call my office.

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

WHAT HAPPENS IF I CAN’T SERVE THE LAWSUIT?


WHAT HAPPENS IF I CAN’T SERVE THE LAWSUIT? 

If you can’t serve a party this can become quite a nightmare. Especially, if you’re suing more than one party.

See my discussion about How to serve court documents? 

Also see my discussion about What is an Affidavit of Service? 

Always ensure you check the expiration period in which you must serve. For example, in civil court you must serve the lawsuit within six months. Failure to do so, will render the lawsuit null and void as if it never existed.

Always, check the Ontario Rules of Civil Procedure for civil cases and the Ontario Family Law Rules for family court.

If you can’t serve the other party, then your only option is to bring a motion to court as soon as possible. When bringing a motion you may ask for substituted service or service to be effective at the last known address or service to be dispensed or an extension for time to serve.

Most, civil litigation lawyers will often option to throw everything and the kitchen sink in to stay on the safe side.

To be truly successful on this motion the party looking to serve must successfully demonstrate they have made reasonable attempts to serve. The unwritten rule is generally about three times. Also, three reasonable attempts. If the party wasn’t home at 10:00 AM on a Monday don’t expect its fair to return at 10:30 AM. They may be work.

Also, courts will want to ensure you have the most recent up to date address for the individual. This can also become tricky. Especially, if the individual has no fixed address. If you don’t have the most up to date address don’t be surprised a court tells you to buzz off, and return when you have done more homework. This might involve hiring skip tracers.

In many situations even after complying with the above the court may simply grant you an extension for time for service. Which means, you’re basically back at square one, but the original six month limitation has been extended. That means you need to reattempt possibly another three times to serve.

If your family law lawyer or your civil litigation lawyer is using the services of a process server this can become very expensive. If you’re serving on your own expect to take time off work or be sleuthing around in the evenings trying to find the person.

Serving people is truly a headache. One that should be eliminated by virtue of all the great technology we have.

After all, if you were conversing with the prospective Defendant yesterday via email. Why can’t you simply serve them with a claim? Aside, from the obvious that they Defendant could claim they never received it.

Bringing a motion in regards to service can be a headache. Call a civil litigation lawyer today to find out more.

CIVIL LITIGATION LAWYER NEAR ME?

If you need a civil litigation lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is an Affidavit of Service? – Burlington Divorce Lawyer


FAMILY LAW LAWYER BURLINGTON 

Many folks who decide to represent themselves in family court or civil court are stumped when it comes to the Affidavit of Service or also referred to as proof of service.

An Affidavit of Service is a document confirming service of a document. What type of document requires an Affidavit of Service? My answer...... a document that is super duper important. For example, a simple notice letter to the other side advising you may be starting a lawsuit does not require an Affidavit of Service. However, the lawsuit itself will.

Always, check the Ontario Rules of Civil Procedure for civil cases and the Ontario Family Law Rules for family court.

In today’s hyper technological fast paced world, the concept of the Affidavit of Service is really pointless. Also, I have found in my experience that self represented folks, will go so far as to swear a false Affidavit of Service.

If you are looking to serve an individual with official court documents. Ensure that you check the requisite rules for how service is considered effective. For example, in the situation of a Statement of Claim or an Application for family law documents will have to be served personally. It’s also not enough that you went by once, and the individual wasn’t home and you simply wiped your brow and called it a day. Most courts require three reasonable attempts. That means making at least three attempts. In order to really convince a court those three attempts must be staggered. So it isn’t enough that you attended at 1:00 PM and then returned at 1:30 PM and then 2:00 PM.

If an individual responds at the door, but its not the person you are serving you must confirm they reside at the address. You must also ensure that any members of that household be over 18 for the purposes of serving. Meaning, you can’t just walk over and serve the 14 year old goofball lounging at home that day.

If you do manage to successfully serve you must also obtain the name of the person, and the time and date. All of this information will be used in your Affidavit of Service.

On completing the Affidavit of Service you will also need it officially sworn by a commissioner for taking oaths or a notary. Some court staff will provide this service.

Once, you have completed the Affidavit of Service you must return to the court and file it, as confirmation the individual was served.

WHAT HAPPENS IF I CAN'T FIND THE DEFENDANTS?

See my discussion entitled What happens if I can't serve the court documents? 

DIVORCE LAWYER NEAR ME?

If you need a divorce lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

YouTube Pedophile Hunters


Youtube Vigilantes

By now you may have heard of so called, “pedophile hunters”. Essentially, they befriend an individual on-line through chat groups and mobile dating apps while posing as an underage child. They correspond with the alleged pedophile. Eventually, they arrange a meet up. When the alleged pedophile shows up, he is confronted and publicly berated by the hunters who videotape the entire ordeal through their cell phones. The footage along with the chat logs, pictures and personal information is then uploaded to Youtube and other social media sites.

Both law enforcement and criminal lawyers have voiced their concerns about the dangers of such vigilantism. Not only is it unsafe, but it violates the presumption of innocence, evidence, privacy issues and due process. Rather than assist, this type of vigilantism may be helping to drive these individuals even further underground and causing them to be even more guarded.

However, the general public seems to applaud the work of the hunters. For them they see the legal system as being ineffective. Whereas, the hunters name and shame tactics are instant.

What’s very concerning is that many of the videos depict familiar locations and the alleged perpetrators are just your average Joe, they could be your neighbour, co-worker or friend.  In the case of Justin Payne from Oakville his exchanges took place at Shoppers World in Brampton, Oakville Place, Hamilton Mall and Victoria Park subway station.

In almost every video the men are approached and publicly exposed, they are advised the process is non-violent and given an opportunity to explain themselves. The excuses are plentiful and rarely convincing. On the lure of underage sex, some men have shown up with condoms and alcohol.  The men who attempt to deny, are confronted by the hunter with their chat logs and pictures that were exchanged.

But here’s what’s interesting, the perpetrators are always terrified at the thought of being exposed or the police being called. Some try to run away, others attempt to justify their actions. Some explain they were unaware and others mention they had no intent for anything nefarious. But reviewing the chat logs shows a very different and disturbing side of the story.

However, there are also two other things to consider. First, are these hunters engaging in this activity out of the goodness of their heart? Is this for the greater good of humanity? Or are they simply trying to attain social media stardom through likes, shares and audience views.

While I have no issue with the first, in that people can try to monetize on Youtube as long as they are being legitimate. The second more pressing concern is inherently obvious when watching the confrontations. It seems, as though the hunters while swearing, berating, yelling and chasing the perpetrators are almost getting their rocks on. It seems they are enjoying and almost relishing the events. It also seems as though the hunters take a hostile approach when the alleged perpetrator is unable to converse in English. However, some of the alleged perpetrators on being discovered also fake being able to understand English.

None of the hunters receive a salary for their efforts. It’s all volunteer.

British Columbia based Creep Catchersvideos led to the confrontation and eventual arrest of an RCMP officer. In another video not only was the alleged pedophile arrested but also a member of the Creep Catchers group. Possibly for assault. Another Creep Catcher operation led to the arrest of a BC man who ended up serving jail time. In another incident a confrontation by Creep Catchers may have led to the suicide of the alleged perpetrator. Prompting Christie Blatchford of the National Post to comment that the hunters are just as creepy as their prey. There are even  defamation suits launched against Creep Catchers. The National, recently reported an incident involving a developmentally delayed man caught in a Creep Catcher sting. Prompting local government officials to comment on the inappropriateness of Creep Catchers. In the situation of Justin Payne he uploaded to Youtube his conversation with a local police officer advising him to stop. In some situations the hunters have even come across repeat offenders.

While I certainly do not support their work and it does not seem the hunters are going away anytime soon. They should at minimum exercise discretion, caution, restraint, good will and respect for the rule of law. If they truly care about helping children their approach when confronting can be less hostile. If their goal is to name and shame, they should not be belligerent. It seems that some of their fans are also expressing the same sentiment. While the actions of the alleged pedophiles are abhorrent it does not justify the hunters reaction. The hunters should not, as depicted in the videos be chasing vehicles down the street. Nor should they be pouncing on the vehicles hood of an alleged perpetrator as they try to escape. Hunters should not under any circumstances attempt to stop an individual from escaping. Nor should they ever come into any physical contact with the other party. Hunters should be educated on how to diffuse situations versus making them worse. They should obtain basic safety training such as, First Aid. They should ensure their nighttime antics don't affect their day jobs and that they have their employers blessing. Hunters must be aware that if the alleged perpetrator harms himself or another even inadvertently that the hunter could be liable. For example, in a Brampton confrontation the alleged perpetrator runs out into a busy intersection and begins to stop random vehicles and ask for help. In one of the stops, he even attempts to jump into the vehicle as that vehicle speeds off, he approaches another, screaming in his native tongue that the, "white people will kill me" in reference to Payne.

 

 

I AM A LAWYER IN BURLINGTON

I provide legal services in Halton, Burlington, Oakville, Hamilton and Milton 

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

I need a lawyer I just got sued!


I JUST GOT SUED!

Civil Litigation lawyer 

Don’t panic, call a civil litigation lawyer. A smart lawyer will always ask, “when did you get served” since that determines how many days you have left to respond.

Nobody likes getting sued, I have never had a client in my decade of practising that has called me jumping for joy, because they were sued. Most people on getting served will panic, become angry, nervous and at times decide to toss the lawsuit in the garbage.

Remember, the person who took the time to start the lawsuit will not just let it go that easily.

When you call my law office I will chat briefly over the phone to get a basic idea about what the lawsuit is about. From there, I will normally ask you to come in. I don’t ask people to come in because I want to make money from legal consultations fees. I want you to come in, because its impossible to understand all the facts, dates, arguments, scenarios unless we are face to face. Also, this gives you an opportunity to meet with me and vice versa.

From there, I will normally explain to folks what the process is of a civil action. If you were quoted a legal consultation fee for our initial meeting. Normally, I will advise, that if you retain me, I will waive the fee.

In any event, don’t let a lawsuit go over your head also, don’t start responding on your own. There can be dire consequences.

If you need a civil litigation lawyer in Burlington call my office.

 

 

IS THERE A CIVIL LITIGATION LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a civil litigation lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Criminal charges and family court


Criminal Charges and Custody

AFFIDAVIT IN SUPPORT OF CUSTODY AND ACCESS

I have blogged extensively about false allegations of domestic violence in my six part series. Often, allegations of domestic violence go hand in hand on the breakdown of the marriage. In this situation a father is seriously behind the eight ball.

Not only is he facing a criminal charge, restricted from going to his home and likely shopping for a criminal lawyer. He may, simultaneously get whacked with a family court application from his soon to be ex-partner.

Now he’s shopping around for a family lawyer as well.

If he is facing criminal charges of most concern is the Affidavit in Support of Claim for Custody and Access also referred to as a Form 35.1. This document is sworn evidence to be filed in family court to be used for the purposes of obtaining custody or access.

Of specific importance are paragraphs 6 and 7.

Paragraph 6 of the Affidavit in Support of Claim for Custody and Access

This paragraph states:

I have been found guilty of the following criminal offence(s) for which I have not received a pardon.

It then requests further details such as, the criminal charge, the date of the guilty plea and the sentence received.

Many men involved in a criminal proceeding related to allegations of domestic violence find themselves worn out. Particularly, since in my experience these men have never had any prior dealings with the criminal courts. They may, opt to accept an early guilty plea. To make the matter go away.

Paragraph 7 of the Affidavit in Support of Claim for Custody and Access

Paragraph 7 states:

I am now charged with the following criminal offence(s):

It then requests further details such as the criminal charge, the next court date, and any conditions. A common condition is the individual is barred from going near their home since that is usually where his partner resides.

If an individual is charged with an allegation of domestic violence and he has not received any outcome he must disclose it. While for the purposes of criminal law he is innocent until guilty. For family court he is not. An inference may be drawn for custody.

Don’t get me wrong, there are obvious, good reasons for concern. After all a court doesn’t know anything about you. Disclosure according to these paragraphs is sort of based on the honor system. In that, one does not produce their criminal court proceeding documents unless ordered to do so. A court, doesn't know if you are a violent thug.

However, both these paragraphs are very concerning. If a family law litigant positions herself strategically she may on immediately having her husband charged, also hit him with family court proceedings. Thus, forcing him to disclose as per Paragraph 7 whether he is charged.

Now, if you were the judge and two parties are contesting child custody in front of you and one of them has the children residing with her already and has no history of criminal proceedings, whereas the other does not have the children and does have a criminal record who would you side with?

FAMILY LAWYER NEAR ME IN BURLINGTON? 

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

 

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Are family courts biased towards dads?


FAMILY LAWYER IN BURLINGTON 

Why do father's rarely get custody?

I previously blogged about whether or not family courts discriminate against fathers in my post entitled, Is Family Court Sexist?

I want to address the issues outlined in a 2012 Huffington Post article entitled, Dispelling The Myth Of Gender Bias In The Family Court System.[1] I have noticed that this article has been used as support by independent bloggers and commentators to rebuke the notion that family court may be gender biased.

The author, Cathy Meyer is a Divorce Coach and operates a website called Divorced Moms. A site she describes for mothers to, “connect, communicate, express their passion and thoughts, share experiences and find expert information and advice.” Ms. Meyers provides insight into her own private life, in dealing with her own divorce and how she had to rebuild her life, “in spite of the loss I felt and the adversity that comes along with being tied up in the Family Court System and dealing with an angry ex.” She bases her article on her 10 years of doing work within the industry along with data from a website called DivorcePeers.com. A website that is no longer functioning but I will take her word for it. She argues that fathers simply give up their custody rights. Moreover, that this happens absent of a court order. She also argues that mothers spend more time with their children and thus, have a closer bond.

Uh, no. This is false.

YES. FATHER'S DO WALK AWAY FROM CUSTODY. THERE IS A REASON

In my previous post, the statistics I cited were from Stats Canada (2000) in that a high number of court ordered custody arrangements were in favour of the mother.  The 2014 sampled suggested it was equally divided between court ordered and out of court.

Regardless, as I blogged in that same article the reason men give up custody has to do with many external factors. Such as, finances, stereotypical perceptions, stress, lengthy litigation or the threat of it. Let’s not forget issues such as, false allegations of domestic violence and parental alienation.

If Ms. Myers has been a Divorce Coach for 14 years, have all her clients been “deadbeat dads”? I am sure many who work within the industry would suggest otherwise. For example, The Telegraph reported, Are divorced dads really treated fairly by the family courts?[2] The author Glenn Poole responded to a study that found no discrimination existed against men in family court by commenting:

I was shocked, because when you repeatedly see discrimination against dads with your own eyes, 
it can be baffling when professionals claim it doesn’t exist. And then I’m not surprised, 
because the gender political world of family breakdown has long produced an endless 
list of “experts” who claim that the courts don’t discriminate against separated dads.[3]

A lawyer in the United States commented, that sexism is, “prevalent in our courts, even if it’s unintentional and we see it most often negatively impacting men in child custody arrangements and alimony awards.”[4]

Another family lawyer in Toronto, back in 1999 said, “I maintain that "gender bias" is indeed a reality in Canada's courts.”[5] An organization in the United States, called the National Parent Organization reported, Studies Show Judicial Bias Against Dads. [6]

During the months of February and March the National Post as reported by Christie Blatchford provided a number of articles featuring stories from fathers. For some the stories would be astonishing. Unfortunately, for those in the industry they are not.

 

FAMILY LAWYER NEAR ME IN BURLINGTON? 

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

 

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

 

 

 

[1] Dispelling The Myth Of Gender Bias In The Family Court System

http://www.huffingtonpost.com/cathy-meyer/dispelling-the-myth-of-ge_b_1617115.html

 

[2] Are divorced dads really treated fairly by the family courts?

http://www.telegraph.co.uk/men/relationships/fatherhood/11647915/Are-divorced-dads-really-treated-fairly-by-the-family-courts.html

 

[3] Are divorced dads really treated fairly by the family courts?

http://www.telegraph.co.uk/men/relationships/fatherhood/11647915/Are-divorced-dads-really-treated-fairly-by-the-family-courts.html

 

[4] http://familyblog.legalmatch.com/2016/06/do-our-family-courts-practice-institutional-sexism-towards-men.html

Do Our Family Courts Practice Institutional Sexism Towards Men?

 

[5] Gender Bias in the Family Courts of Canada: Fact or Fantasy?

http://www.complexfamilylaw.com/Articles-by-Gene-C-Colman/Gender-Bias-in-the-Family-Courts-of-Canada-Fact-or-Fantasy.shtml

 

[6] An organization in the United States, called the National Parent Organization reported, Studies Show Judicial Bias Against Dads

https://nationalparentsorganization.org/blog/22457-studies-show-judicial-bias-against-dads

What is an Agreement of Purchase and Sale?


PAGE 2 OF THE AGREEMENT AND PURCHASE OF SALE

Most folks looking for a real estate lawyer near them will often ask, what is an agreement of purchase and sale? I blogged about this in my previous post entitled, what is an agreement of purchase and sale and I focused on page one of the agreement.

In this post we will talk about page 2.

CHATTELS INCLUDED

A chattel is movable personal property. For example, a chair.

FIXTURES EXCLUDED

A fixture is something that is attached, affixed “stuck on”. For example, the island in the kitchen.

Now, over the years courts have had to step in to determine the difference between the two. However, that’s not a discussion I will be having here.

When drafting the Agreement of Purchase and Sale parties, should clearly identify what will be included and what will be excluded. It is commonly held, that chattels that are movable property will be taken by the seller. However, also keep in mind that when the purchaser came to view the property, perhaps they noticed nice new kitchen appliances. Perhaps, the buyer just assumes they will come with the home. Unbeknownst, to the buyer that the seller recently purchased the kitchen appliances with the intention to take them.

Parties should be cautious, especially the buyer when dealing with the hustle and bustle of open houses, quick in and outs from various homes over weeks and sometimes months.

RENTAL ITEMS: This stipulates there is equipment that is rented and that the buyer will assume the rental contract. For example, a water heater.

HST Is the Harmonized Sales Tax payable. Generally, on the resale of a home it will not. It will be payable on the purchase of a new home. However, a claim can be made for a rebate. One should also keep in mind that

If tax is payable its important to clarify the purchase price.

TITLE SEARCH:

The buyer’s real estate lawyer will perform a Title Search to ensure that the property does not have any title defects, existing liens, existing work orders and that there will not be any issue obtaining insurance. You can click here to learn more about what is a title search?

Generally, the buyers lawyer should be provided with enough time to ensure that title is free and or to report any title defects. This time period is referred to as the Requisition Date. It’s important to ensure that if the Agreement of Purchase and Sale has conditions such, as conditional on financing that there is sufficient time.

In the event there is no Requisition Date, then according to Ontario law, there will be a 30 day period from the date of the contract.

FUTURE USE:

In the event the buyer is thinking about doing something different with the property. For example, turning it into an office. This clause protects the seller, basically that they have no issue with whatever it is the buyer is planning on doing with the property. However, it is important that the buyers lawyer look into whether or not the property can be used for that purpose. For example, if the buyer is thinking of turning the home into an office do local zoning laws permit it? In that situation, there should be conditional clauses in the agreement of purchase and sale.

TITLE:

The seller has the obligation to provide the property to the buyer with good title. In other free from any types of liens, claims or mortgages on the property. For example, often people looking to sell their home, get a sudden call from their real estate lawyer advising them that there is a something on title. At times, this could have been a court order from a lawsuit they may have been involved in. The seller’s then must move quickly to remove this from title.

However, certain exemptions exist such as municipality zoning and or by-laws. Also, for the purposes of utility companies.

CLOSING ARRANGEMENTS:

This is a clause pertaining to the lawyers use of electronic document transferring. Lawyers are bound to hold all items from one another in trust until the electronic document transference has been adequately satisfied. In other words, the sellers lawyer on receiving funds from the buyers lawyer will hold the funds in trust. Until, such time as the electronic transference has been completed.

DOCUMENTS AND DISCHARGE

This provision states, that the seller does not have to provide anything else they don’t have. Also, that the sellers lawyer will undertake (promise) to discharge (pay off) any existing mortgages on the property and provide proof of same. Thus, permitting the buyers lawyer to register the new mortgage after the closing within a reasonable period of time.

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

I need a Real Estate Lawyer – Agreement of Purchase and Sale


AGREEMENT OF PURCHASE AND SALE

PART 1

The Agreement of Purchase and Sale is the legally binding contract that parties in Ontario use when buying or selling their home.

As a real estate lawyer I often receive calls from people prior to or during the negotiation and or finalizing phase. While I am happy to chat with prospective clients I always advise that they speak with their realtor. The reason being, your realtor is there to help you, he or she is sitting at the bargaining table with you and is aware of your immediate needs. Whereas, as lawyers we tend to just get the final documents.

The Agreement of Purchase and Sale has standard terms that pretty much apply to all real estate transactions in Ontario with subtle differences.

Even though, it seems to be a daunting document. It’s a good idea to review it. After all, this is the most important purchase or sale of your life. The Agreement of Purchase and Sale is also referred to as the Form100.

Over the next series of blog posts. I will attempt to breakdown the various clauses and provisions of the Agreement.

Page 1 of the Agreement and Purchase and Sale

If you freak out at the possibility of looking at a contract because of all the legal jargon, a purchaser and or seller should at minimum review page 1 to put them at ease. This first page consists of:

  • Buyer: Who is buying the property?
  • Seller: Who is selling the property?
  • Real Property: The description of the property.
  • Purchase Price: What is the agreed upon price.
  • Deposit: Buyer will provide a deposit within 24 hours that will be held in trust
  • Schedule A: This can be used for a variety of purposes to attach special conditions or statements. For example, the buyer may stipulate that the offer is contingent on financing. Both parties may agree to extend the date for closing on notice.
  • Irrevocability: This is an offer and it will expire on….
  • Notices: This clause identifies and appoints the parties respective realtors/brokerages and whether or not the parties are using the same brokerage for the purposes of giving any official notices.

For many real estate clients this provides peace of mind knowing they can contact me.

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211