Real Estate — Timmins, Ontario and area

Real Estate involves either purchasing or selling a residential, commercial, institutional or industrial property. Sometimes, real estate agents are involved and other times the transactions are dealt with by way of a private deal whereby the lawyer for the purchaser must draft the agreement of purchase and sale. With over 35 years of experience in real estate law, Suzanne Desrosiers will personally meet the client as it’s an important transaction that involves thousands of dollars and there are some financial liabilities due to the mortgage. It is vital that a lawyer explains the transaction to you personally rather than simply delegating the task to a law clerk.

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Residential Properties

A distinction must be made between a city property and a rural property. For the most part, city properties consist of the whole of a lot on a plan of subdivision and don’t require an abutting land search. However, on occasion, such a search must be conducted as failure to do so may result in the transaction being null and void. You don’t know if such search will be required until you are retained and a search of the property is conducted. For rural properties, 99% of the time an abutting land search is required. The reason you must conduct such search is to ascertain if the vendor of the property retains abutting property and, if so, the vendor must obtain a consent from the Committee of Adjustment, if not, the transaction is null and void.

Commercial Properties

As for commercial properties, one must make sure that the zoning permits the use of the subject property. Secondly, when you sell or purchase a commercial property, is it important that a provision be made for the HST and that the HST is over and above the purchase price. Failure to ascertain this will result in the vendor believing that he is receiving a certain amount for his property, when in fact 13% of the said amount needs to be remitted to the CRA.

If there is or was a gas station in the area of the subject property at one time, you want to consider getting an environmental assessment done. There are two phases to an environmental assessment. Phase I, is typically a research by someone that specializes in environmental matters who will ascertain the type of soil, and the use to the subject properties over the years. If there were properties in the area that were the cause for an environmental concern, the environmental consultant will recommend that we proceed to a Phase 2 assessment which involves some drilling on the subject property to ascertain if the property has environmental issues that need to be addressed.

Rural properties – residential or commercial

For rural properties, one needs to be mindful about the well and septic system. It is highly recommended that not only that you check that the water is free of e-coli from the Porcupine Health Unit, but that you also test the water for its mineral content which is done through a laboratory in Sudbury. In particular, you want to know if there are any heavy metals in the water. That cannot be ascertained by a simple test through the Porcupine Health Unit. An example of heavy metals is arsenic. There have been instances where the Porcupine Health Unit determined the water was fit for human consumption because it was free of e-coli, but it had a high concentration of arsenic that required a special filtration system to avoid the negative effect of such metal in the water. Also, if we are dealing with a well you want to verify that the volume of water is enough to serve the needs of your household.

Furthermore, with rural properties, you need to be mindful of the septic system. If you obtain a septic search or usage permit from the Porcupine Health Unit, it only ascertains that when it was first installed, it met the specifications of the day. What you want to consider if there is a septic system, is that it is fully operational. For you to do so, it is necessary to have the septic tank emptied, and have someone with expertise in this area, inspect the septic system to ascertain that is working properly.

Benefits of Hiring a Real Estate Lawyer

There are many benefits to enlisting the assistance of a real estate lawyer. Let's explore just a few:

  • Cost-Efficient - Although hiring a real estate lawyer may seem like an additional cost, the expertise and guidance provided by the attorney often pay for themselves. Our job is to ensure you make a successful transaction and avoid unnecessary costs and fees.
  • Less Work for You - There is so much to think about when buying or selling a property. Hiring a lawyer will allow you to take some of the work off your plate. Our attorney will handle the legal terms and complete complex paperwork accurately.
  • Reducing Risks - Perhaps the most obvious benefit of hiring a real estate lawyer is reducing risks during the transaction. If a seller does not disclose enough information about their property or home inspection, for example, they could be sued. We will help to ensure that all legal obligations are met, so you avoid costly complications.
  • Simplifying Negotiations - Buying and selling property is one of the most significant decisions a person will make and negotiating is a big part of the process. Our lawyers have extensive experience negotiating and can help you get the very best price.

To learn how a real estate lawyer could benefit your unique situation, contact the experts at Suzanne Desrosiers Professional Corporation today at 705-268-6492. If you are presented with a real estate offer, please contact our team as there is no charge to reviewing an agreement of purchase and sale.

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