DO I NEED A REAL ESTATE LAWYER?
WHY DO I NEED A REAL ESTATE LAWYER?
Whether you are selling or buying on your own or through a realtor the need for a real estate lawyer is imperative.
Websites such as Property Guys and Com Free have started to gain in popularity as many folks seem to feel exhausted with the whole process of buying and selling a home. These websites eliminate the need for a realtor and can save buyers and sellers a tremendous amount of money on fees. Despite, the popularity and allure of selling your own home realtors have not noticed any notable dent in their business based on these sites.
HOW MUCH DOES A REAL ESTATE LAWYER CHARGE?
Purchasing a home ranks right up there with some of the most important decisions in an individual’s life. Most real estate lawyers charge anywhere between $700 to $2000 for a residential real estate closing. Do you really want to skip out on the use of a lawyer because of this fee? Does saving that fee make it worth your while?
Here’s a great article about why you should use a lawyer entitled, Home Buyers: What should a real estate lawyer do for you?
Feel free to review the following link on my site where I detail how legal fees and disbursements are calculated in a real estate transaction.
HOW CAN A REAL ESTATE LAWYER HELP ME?
A good real estate lawyer will guide you through the process and explain any fine print. Also, when it comes to handling funds, many financial institutions are comforted knowing that a lawyer is handling the transaction. In addition, many financial institutions have their own specific criteria for how funds are to be handled. Many experienced real estate lawyers are often familiar with the practices of certain lending institutions.
Throughout the real estate closing there are a number of issues that can arise. A common issue is where the real estate law office receives funds on the day of closing or sometimes even an hour before the end of the business day. Other issues, can be related to the property itself, outstanding property taxes, verifying home insurance. If you are the purchaser your real estate lawyer will contact the utilities companies and notify them, of the address and name change.
WHY CAN’T I CLOSE MY HOME ON MY OWN?
In my practice, I openly advise clients that anything a lawyer can do, you can do on your own. The issue is whether you will actually know what you are doing. One of the most important elements of a real estate transaction is verifying title, registering a mortgage, discharging a mortgage, registering a deed. Lawyers in Ontario use computerized software in order to complete these tasks. In the old days lawyers practicing real estate law would physically attend at the Land Registry Office on the day of the closing.
The option of attending on your own is still available to the public follow the link entitled Search land property records.
From a realistic standpoint this is not a practical option for clients looking to close their home. On-line computerized software is also not open to all members of the public. Even Lawyers must complete a formal application process in order to register to use the on-line property search software. There is also a fee that is passed on to the client as a legal disbursement.
HOW DO I CONTACT A REAL ESTATE LAWYER?
Easy, call my office to speak with an experienced real estate lawyer. I provide legal services in Burlington, Oakville, Hamilton and Milton.
My office is located at 901 Guelph Line, Burlington Ontario.
You can also email me at ray@rehankhalil.com
You can also call or text at 416-505-4901
FINDING THE RIGHT REAL ESTATE LAWYER
HOW DO I FIND A REAL ESTATE LAWYER?
There are lots of real estate lawyers in Burlington, Oakville, Milton and Hamilton. When searching on the internet ensure you find the right lawyer.
Here are some tips in finding a real estate lawyer:
Access to your lawyer
Ensure, that you can communicate with your lawyer when you have questions. Many busy real estate lawyers are not always available. Clients are left often having to speak with only law clerks.
Make sure you meet with your lawyer
Again, while the bulk of real estate law is handled by law clerks make sure you get a chance to meet with your real estate lawyer. Especially, on signing the final documents!
Lawyer near me
I always recommend that your real estate lawyer be close to you. During the process of the closing there will often be last minute things that will be required from you. It’s significantly easier when the law office is local.
Ask the right questions
Good lawyers will always presume a client knows nothing and will do his or her best to explain the process. However, sellers and purchasers should always be asking questions. For example, what is title insurance? This is a great way to ensure your real estate lawyer is able to provide you with the best advice and legal services.
When should I consult with a real estate lawyer?
You can consult with a lawyer at any stage of the process even prior to entering into an Agreement of Purchase. However, practically many people end up contacting a real estate law office after they have already agreed to the terms of conditions of the sale.
It is recommended that you consult and retain a real estate lawyer immediately on knowing of your closing date. One of the biggest mistakes people make, is waiting days until the closing to find a real estate lawyer. This can have serious consequences.
HOW DO I CONTACT A REAL ESTATE LAWYER?
Feel free to text or call 416-505-4901 or dial toll free: 1-800-939-9211
My office is located at 901 Guelph Line, Burlington and is right next to the QEW and parking is free.
What should I know about a Will in Ontario?
What should I know about a Will in Ontario?
Below is a great informational video by the Law Society of Upper Canada about Wills in Ontario and the role of the Wills and Estates Lawyer.
The video is entitled Your Law: Wills and Estates
If you have additional questions about Wills and Estates and you live in Burlington, Oakville, Milton or Hamilton then contact my law office in Burlington.
I need to contact a Wills Lawyer in Burlington
Feel free to text or call 416-505-4901 or dial toll free: 1-800-939-9211
My office is located at 901 Guelph Line, Burlington and is right next to the QEW and parking is free.
How do I prepare a Will?
How do I prepare a Will?
Many Wills and Estates Lawyers will advise that prior to the first meeting prospective clients complete a questionnaire. This is used for the purposes of assessing an individual’s estate and further to draft the Will. This form should be completed as accurately as possible. Certainly, during your legal consultation additional questions from the lawyer will assist in providing clarity.
Below is a form that I provide to my clients prior to my first meeting. I have uploaded the link here for additional ease of access.
At the interview stage, this questionnaire along with an individual’s responses help the lawyer to start the process of preparing the Will. Not only that, it also gives the lawyer insight into the individual’s life, their goals and concerns. For example, an elderly mother might not want to give anything to one of her children.
In this intimate legal consultation a wills and estates lawyers job is to ensure that he or she really understands the client’s needs.
Can I just use a Will kit?
No.
Many will think that a Wills and Estates Lawyer frowns on this only because it takes money away from them. This is not the case. A Will is not a one size fits all template. We all have unique circumstances in our lives that should be reflected adequately in the Will.
An experienced Wills and Estates Lawyer can provide practical advice about estate planning that could reduce expenses and ensure your loved ones get the most from your estate.
How do I contact a Wills and Estates Lawyer
Do your homework. If you would like to speak with me I am local in Burlington, Ontario.
Feel free to text or call me at 416-505-4901 or call toll free: 1-800-939-9211
My law office is located at 901 Guelph Line, Burlington, Ontario.
How do I find a lawyer?
LOOKING FOR A LOCAL LAWYER
Despite, all the resources out there, people still struggle with finding a lawyer. Thankfully, Burlington and Oakville residents don’t have to travel far to find an experienced lawyer.
Feel free to browse some of my other blog entries regarding this subject:
Referrals from family and friends continue to be the preferred choice in selecting a lawyer. Then of course there is the internet. You will find today that there are many lawyers providing a wide array of legal services.
Research the lawyer and ask questions. Also, find out whether they are truly local. Many law firms in Toronto advertise they are local in order to show up in search engine results but in fact are not local. Having a local lawyer will reduce stress, time and expenses associated with traveling. For example, consider the cost of parking in Toronto just to attend a legal consultation.
Ensure your lawyer has experience. Again, with the overwhelming number of choices out there it can be hard to determine what makes one lawyer better versus another.
Finally, ensure the lawyer understands your needs and can work within your financial budget.
If you are looking for a criminal lawyer in Burlington or a civil lawyer call or text 416-505-4901.
Feel free to call toll free: 1-800-939-9211
I am located at 901 Guelph Line in Burlington.
WHAT HAPPENS WHEN MY SPOUSE DIES?
What happens when my spouse dies?
If your spouse has a Will and passes away the surviving spouse must decide on whether they would like to proceed by way of:
- Making an election for equalization payment as per the Ontario Family Law Act; or
- Accept their entitlement as per the Will of the deceased spouse.
As discussed in some of my previous posts the law of estates in Ontario is governed by the Succession Law Reform Act.
It’s important to keep in mind that the surviving spouse must do this within six months from the date of the death.
The decision between the election and or the entitlement in the Will is largely going to be based on what is the better offer. In other words, does the surviving spouse stand to gain more as per Family law or the Will.
For additional information please feel free to call our office and speak with a Will and Estate Lawyer in Burlington.
Our office is located at 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 or call toll-free 1-800-939-9211
Additional Resources: Ministry of Attorney Generals website.
WHAT IS A SEPARATION AGREEMENT?
WHAT IS A SEPARATION AGREEMENT?
A separation agreement is one of the most effective ways for parties to resolve a family law dispute. Not only is it cost effective it can avoid years of litigation.
A separation agreement works best if the parties are somewhat co-operative and willing to consider a resolution. A separation agreement is not recommended for a high conflict situation.
If the parties agree normally one party will retain the services of a family law lawyer who can draft the separation agreement. Each separation agreement must be tailored according to the families needs. It is beneficial for the lawyer and the client to work together closely in ensuring all possible legal risk, and benefits can be adequately covered within the separation agreement.
On completion of the draft the separation agreement is provided to the other side. Normally, the other side is unrepresented. In that scenario the other side must obtain independent legal advice. Feel free to browse my post about what independent legal advice is.
The agreement comes into force once it is signed. Common provisions in a separation agreement will deal with child custody, spousal support and property. Again, everyone’s needs are different.
Why you should avoid drafting a separation agreement on your own.
People will want to draft a separation agreement on their own. However, this is not recommended since only an experienced lawyer can advise about all the possible risks. For example, entitlement to spousal support or provisions dealing with financial disclosure.
At my law office in Burlington I provide a flat fee for drafting a separation agreement.
If you are looking for a lawyer to obtain independent legal advice or to draft a separation agreement then please call or text at 416-505-4901 or you can call toll free: 1-800-939-9211
I am located at 901 Guelph Line in Burlington.
Hep A Saga Continues
What is Independent Legal Advice?
What is Independent Legal Advice?
Independent legal advice is a onetime meeting with a lawyer to review certain documents. Common documents that require independent legal advice might be a separation agreement or refinancing documents or a severance package.
Often, the party that has drafted the document will request that the other side who is unrepresented meet with a lawyer to obtain legal advice. For the represented party this is peace of mind that the unrepresented party understands the terms of the agreement.
Often these agreements will require the signature of the lawyer who provided the independent legal advice.
Most lawyers charge a onetime flat fee depending on the nature of the agreement. Obtaining legal advice in regards to a contract is a great way to protect and understand your rights if you are the unrepresented party. Similarly, independent legal advice provides peace of mind to the represented party.
If you require independent legal advice in Halton, Burlington, Oakville or Milton please give me a call.
I am a local lawyer in Burlington.
My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: Â (800) 939-9211
How should I select a Mediator?
Lawyers as Mediators. Why we are better.Â
I am a lawyer in Halton with over a decade of experience with mediation and alternative dispute resolution.
Always select a lawyer for mediation. My opinion on this is biased of course. An experienced lawyer will be able to provide great insight to all the parties about not only the benefits of mediation but also the legal risk and liability with proceeding to a trial.
A lawyer with courtroom experience can convey to parties in a mediation about the consequences of a trial, whether a judge or jury will accept one version over another and how credibility is assessed.
While there are many types of mediators out there, only an experienced lawyer with real life mediation experience can discuss possible outcomes in the courtroom.
If you would like to find out more about mediation for your potential or pending legal case then please call my office. I provide cost effective mediation services with a view to your budget.
Call toll free:Â (800) 939-9211
Or if you are local dial:Â 416-505-4901
Address: 901 Guelph Line, Burlington, Ontario