Suzanne has been practicing in the field of real estate law for over 31 years and in fact it has been an important part of her practice throughout all those years.
Within the first 6 months of opening her practice Suzanne was representing Riverside Acres of Timmins Limited, a major developer in the City of Timmins, who were building between 75 and 100 homes a year. Her work involved the preparation and registration of various securities for the bank, mortgages in favour of Ontario Hydro and the Gas Corporation. It also included drafting building contracts of all kinds from stick built to prefabricated homes, the sale of leasehold parcels (where you sell the building and retain the land) which was a unique way of disposing of real estate 31 years ago in the Province Ontario. In fact it is still unique as it remains an unusual way of disposing of property. When you are purchasing a new home you want the Tarion guarantee dealing with the construction registered. You also have to be mindful of HST as HST is added when it comes to the acquisition of new homes. In fact Suzanne represented that developer for some 15 years.
With the implementation of the new Teraview system a few years ago which is a computer program which permits the lawyer to register documents electronically across the Province of Ontario it permits our office to now close real estate transactions all across Ontario from our Timmins office.
Real Estate Law in Timmins involves the acquisition or the sale of real estate of a variety of properties. Some consist of single family dwellings, others deal with the purchase and sale of an apartment complex wherein one must be mindful of the retrofit legislation and the legislation that governs landlords and tenants. There is also the purchase and sale of commercial properties where one has to also be familiar with the Environmental Laws. For example if you are acquiring a property where gas or oil tanks were used in the past, or near the property that you are acquiring you need to consider having at least a Phase I and possibly a Phase II environmental assessment done. There is obviously a cost for such an assessment but it is better to find out before purchasing as opposed to being the owner and being faced with the extraordinary expense of having to clean it up. It also includes the acquisition of a leasehold interest which is where an individual or a corporation is acquiring the building and not the land. An example of this would be when one has entered into a lease with the Ministryof Natural Resources to build a cottage and the individual does not acquire ownership of the land. The land remains in the name of the Crown.
Each type of real estate transaction offers its own challenges and one must be familiar with the laws governing them. For example on a commercial transaction wherein it is provided that the HST is included in the purchase price it is quite likely that the vendor will not receive the purchase price set out in the agreement. In fact he/she will receive the purchase price less 13% of the value which will need to be remitted to Revenue Canada unless both the purchasers and the vendors have an HST number and an election is filed with the appropriate government authority. It is important to be aware that the legal fees that you are paying in the acquisition and sale of a real estate property include providing legal advice even prior to you executing the agreement of purchase and sale. This is a service that is not often sought by the client. You must remember that the agreement of purchase and sale (the offer) is the legal document which forms the foundation of the real estate transaction and if it is not done properly at this stage you may be tying the lawyers hands in being able to assist you even before you even set foot in the legal office.
Suzanne has always maintained through her 31 years of practice that a real estate transaction is often one of the most important acquisitions an individual will make in their life time and if they are paying for legal fees they have a right to see the lawyer.
As a Timmins Real Estate Lawyer Suzanne has always made it a point to personally meet with the client to explain the purchase and the mortgage documents and on a sale transaction the sale documents. Unfortunately many lawyers delegate this important task to the secretary who may know how to practically prepare the documents but do not have the knowledge of the legal principles that the lawyer has gone to university for 7 years to acquire.
Real Estate Law touches a number of fields of law such contract law, Corporate Law, Environmental Law, Municipal Law etc. Real Estate also includes the drafting of a lease agreement which deals with a certain parcel of land. One must be aware that if the lease is for a period of more than 21 years it may be necessary to apply to the Committee of Adjustment to obtain an Order permitting the same as otherwise it maybe contrary to the Planning Act.
Cochrane, Kapuskasing, Kirkland Lake, Temiskaming shores, Iroquois Falls, Gogama, Chapleau, Temagami First Nation, Mattagami First Nation, Wahgoshig First Nation, Constance Lake First Nation, Attawapiskat First Nation, Kashechewan First Nation, Fort Albany First Nation, Moose Cree First Nation, Taykwa Tagamou First Nation, Chapleau Cree First Nation and Missanabie First Nation, Brunswick House First Nation, Matachewan First Nation, Beaverhouse First Nation, Flying Post First Nation, all within the Province of Ontario.