Suzanne has been practicing in the field of real estate law since she commenced her practice over 34 years and in fact it has been an important part of her practice throughout all those years.
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 are also the purchase and sale of commercial properties where one has to be familiar with the Environmental Laws. For example, if you are acquiring a property where gas or oil tanks were used at that location or on abutting properties in the past, 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 at your expense. 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 Ministry of 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 can file election with the appropriate government authority. It is important to be aware that the legal fees that you are paying in the purchase 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 our clients when a real estate agent is involved. 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 set foot in our office. Suzanne has always maintained through her 34 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.
Suzanne has always made it a point to personally meet with the client to explain the purchase and the mortgage documents and the sale documents on a sale transaction.. Unfortunately many lawyers delegate this important task to the secretary/law clerk 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 as 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 will be necessary to apply to the Committee of Adjustment to obtain an Order permitting the same as otherwise it may be contrary to the Planning Act.
Call Suzanne Desrosiers at the office of Suzanne Desrosiers Professional Corporation at 705-268-6492 to find out more about how we can assist you.
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.
We are always receptive to serving other Communities.