Real Estate Lawyer Markham Overview
When you consider hiring a real estate lawyer in Markham, know that you are coming into contact with an experienced lawyer. Whether you are selling, buying or refinancing a property, real estate lawyers are the very best to consult. Their service fee is structured such that there are no hidden charges or surprises. Their aim is to provide a smooth and an efficient service to their clients, and also make sure every transaction is successful and devoid of any problem.
Purchasing, selling and/or refinancing a home or commercial property is the most important decision, yet most expensive transaction you or a family will ever make. That is precisely why Markham real estate lawyers are available to assist you through the process and conduct investigations through the important details of the subject property.
Processes Involved In a Real Estate Transaction
- Purchase-The cost and procedures involved in purchasing a property is very expensive and should not be played with. To make sure the property you are purchasing is exactly what you need and has no issues associated with it, it is best to hire a real estate lawyer to handle the transaction on your behalf. It is also important to provide your real estate lawyer with your purchase agreement as soon as possible. This is because you must meet a requisition date to enable the lawyer list the requirements that the opposing counsel has to meet and also this will give your real estate lawyer ample time to review the title.
- Title- Your real estate lawyer in Markham will handle the review and discussion of the title to your property. He/she will conduct investigations on previous mortgages, adjacent lands, easements and defects to the title, previous conveyance of lands and previous mortgages, if any exists. Furthermore, your real estate lawyer will search and ensure there are no judgements or writs against the seller of the property. knowing what you are buying and whom you are buying from is very important and real estate lawyers in Markham are ready to work, investigate and ensure that all aspects of the subject property is devoid of any issues.
- Title insurance- when your real estate lawyer completes the title purchase, it will electronically be registered in the land registry system. Title Fraud is on a surge so it is imperative that an insurance policy will be available to protect the homebuyer’s right to his/her property. Title Insurance policy protects commercial or residential property owners from any form of fraudulent act with respect to its ownership. When you have title insurance to your property, it gives you peace of mind since in an event of fraud, the lawyer will fight the said fraud and there will be no need to hire other lawyers and pay exorbitant fees.
- Land transfer tax-Land purchases require provincial tax. But how can land transfer tax be calculated? Primarily, land transfer tax Markham is based on the amount paid for the subject property or land.
- First time home buyer credit-If this is your first time purchasing a home, you can be qualified for a land transfer tax credit. To qualify, you should be 18 years or above to receive this credit and you should not own any home or interest in a home. In short, you cannot own any property or interest in a property in any part of the world.
- Non-resident sales tax (NRST). For foreign nationals and foreign corporations, beneficiaries are required to pay 15% tax on acquisitions or purchases of real estate in Markham.
- Sale- it is important to let your lawyer know when selling your home and this should be done as soon as possible. Your pay out statement for your current mortgage must be procured and your tax statement must be paid and should be up-to-date. Your Markham real estate lawyer will also communicate with the buyer’s counsel in respect to the conditions of the sale and closing formalities.
- Refinancing your home- you can refinance your home through a bank or a private lender. Your real estate lawyer will ensure the instructions from the lender are reviewed and that you know and understand the requirements you must meet to complete the refinance.
Legal Services real estate lawyers in Markham provide include:
- Purchasing and Sale of Properties.
- Reviewing of sales and purchase Agreements.
- Land Title Transfer, Spousal Title Transfer, Mortgage Title Transfer amicable or as per court order or separation agreement.
- Survivorship applications.
- Refinancing a Property.
- Trust Agreements and trust Declarations.
- Helping a first-time homebuyer with his/her real estate purchase.
- Spousal Independent legal advice and Mortgage advice.
- Providing assistance to foreign buyers in Markham with the purchase of their real estate, including non-resident speculation tax rebate.
- second mortgage, Bridge loans and Interim Closing
Markham Real Estate Lawyer Fees for Property Purchase
For the fees paid, a Markham real estate lawyer will:
- Review the purchase and sale agreement
- Conduct and review the title search for errors in the title
- Submit the title request and review the response
- Conduct, review and execute searches.
- Draft and register the mortgage documents
- Secure the title insurance and other correspondence with the title insurance company
- Examine the draft transfer deed and draft the closing documents
- Review the statement of adjustments
- Draft statements and documents in accordance with the Land Transfer Tax Act
- If the client is a first time home buyer, the real estate lawyer will draft the documents and apply for a first-time home buyer rebate
- Review the mortgage instructions
- Draft the documents for the mortgage
- Correspond extensively with the lender
- Receive the funds for the mortgage in a trust account
- Review the insurance certificate
- Meet with the client to explain the legal documents
- Secure the transfer of funds and close the transaction
- Register transfer and mortgage on title
- Report the closing of the transaction to the client, lender and realtor
File Opening Charges include:
- An Appointment or mobile Signing
- Appointment After Working Hours
- Legal fees, closing costs and disbursements
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