Why You Need a Real Estate Lawyer for Buying a Home

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In Ontario, hiring a real estate closing lawyer to assist with the purchase or sale of a home is required by law. These lawyers have the expertise required to guide buyers and sellers through legal terminology, complex documents, and processes that must be followed to complete a transaction. 

Most importantly, they register the transfer of property with the Land Registry Office. This step is necessary to ensure that the ownership change is legal and declared to the government. If the transfer is not registered, the home purchase is not legalized.

What a Lawyer Can Do

A real estate lawyer will protect your rights during the transfer of property and beyond. This will involve reviewing contracts, performing a title search, and ensuring there are no outstanding claims, taxes, or other encumbrances that would interfere with your use and enjoyment of your home. 

If there are any issues or problems with the property, a real estate lawyer will know what a clean title to property looks like in Ontario, how to resolve outstanding issues, and your options for proceeding with or canceling a contract.

When your due diligence is complete, and you are satisfied with the results, a lawyer will manage the sale's closing. This could involve communicating between multiple lenders, sellers, buyers, real estate agents, and government agencies. A lawyer will then register the transfer property deed, making the purchaser the new legal owner under the Land Registry.

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Finding the Right Real Estate Lawyer

Buying or selling a home can be an emotional process; you want to find a lawyer who specializes in real estate law and is familiar with the type of transaction you are involved in. Real estate law is a specialized area of the law and you want to use an experienced lawyer to get the best outcome.

You can not hire the same lawyer as the seller–this is considered a conflict of interest. If there are multiple purchasers, you can all use the same lawyer because everyone is on the same side of the transaction.

However, not all lawyers are the right fit for you. Ask your friends, family, colleagues, and real estate agents for recommendations, and read online reviews and ratings thoroughly to understand why previous clients were satisfied (or dissatisfied) with the attorney’s services. You want to hire a lawyer who is accessible, understands your needs, and communicates well.

Selecting a lawyer with experience in the community or area where the property is located can help streamline the entire process. So, look for local recommendations or lawyers advertising in that particular area.

When you’ve narrowed your choices, ask the lawyers about the fees they charge so you can compare and budget accordingly. The cost will depend on the complexity of the deal.

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Summary

Buying a home is often one of the most significant investments a person makes. Zachary Soccio-Marandola is a real estate lawyer with the specialized knowledge and experience to ensure your real estate transaction is legal and closes as smoothly as possible. He can also advise you on the nuances of the first-time homebuyer rebate in Ontario and other programs that could help offset the costs of buying your first home.

Should a problem arise after the closing, a real estate lawyer can help you resolve these issues, too.

Contact Us

If you have questions about purchasing real estate or any other real estate legal matter, we're here to help. As real estate law specialists, our mission is to provide the clarity and direction you need to protect your property rights.

Contact us today to schedule a free consultation.

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