Real Estate Lawyer in Timmins

Suzanne Desrosiers Professional Corporation is the leading real estate lawyer in Timmins and the surrounding area. With 40 years of combined experience, we have developed a strong reputation as a trusted law firm—one known for client-focused service, thoughtful advice, and an unrivalled understanding of real estate law. Whether you need to close a real property transaction, set up an agreement of purchase and sale for a commercial, residential, or industrial property, or purchase your first home, we have you covered.

Call us at (705) 268-6492 to schedule a no-obligation consultation. We look forward to serving you.

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Real Estate Law for Purchasing Property

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 40 years of experience in real estate law, Suzanne Desrosiers or one of her lawyers will meet the client, as it’s an important transaction that involves thousands of dollars. It is vital that a lawyer explains the transaction to you personally rather than simply delegating the task to a law clerk.

Comprehensive Contract Review and Negotiation

Whether you’re buying, selling, or investing in real estate, a fair contract is crucial. Real estate transactions are often complex and involve numerous legal intricacies. At Suzanne Desrosiers Professional Corporation, we act as your guide, protecting your rights and ensuring you understand the agreement.

How Do Negotiations Work in Real Estate?

Negotiations in real estate involve the parties (buyer and seller) working together to come to an agreement on the terms of the transaction. This can include discussing the price, closing date, conditions, and any other details that need to be finalized before moving forward with the purchase or sale.

In some cases, negotiations may also involve counteroffers and proposals as both parties try to find a middle ground that is satisfactory for everyone involved. It is preferable to negotiate in writing to avoid the knee-jerk reaction of a vendor saying NO instantly when your offer is below the amount they had in mind. By presenting the vendor with a written offer and then walking away, you’re allowing the vendor to think through the pros and cons of a counter-offer, as once the offer is amended it permits the purchaser to walk away from the deal. The vendor will weigh how much he/she wants to sell and even though they’re receiving less than they initially had in mind, it will allow them to move forward with their plan now as opposed to later.

Common Pitfalls in Real Estate Contracts That a Lawyer Can Help Avoid

A lot can go wrong during the negotiation process, and without proper legal guidance, it's easy to fall into common pitfalls that could impact proceedings.

Some of these pitfalls include:

Ambiguous language or missing terms can create confusion or disputes in the future.
Failure to include important conditions, such as financing or home inspection contingencies, sale of a home, having the water and septic system checked to make sure the water is not contaminated and the septic has been installed in accordance with the regulation, and WETT inspection as it relates to woodstoves and wood fireplaces.
Inaccurate information about the property being sold leads to potential misrepresentation claims.
Hidden fees or costs that were not disclosed in the contract.

By having a lawyer on your side, you can ensure all necessary terms and conditions are included in the contract, protecting your interests and avoiding potential legal issues down the line.

What Is the Role of a Lawyer in a Real Estate Transaction?

In a real estate transaction, there can be parties involved, including the buyer, seller, real estate agent, and lender. However, one of the most important roles is that of a lawyer.

Our responsibilities as your lawyer in a real estate transaction can include:

Conducting title searches to ensure that there are no issues or complications with the property.
Reviewing and drafting legal documents, such as the agreement of purchase and sale, mortgage documents, and preparing the closing documents.
Negotiating terms in the offer on behalf of our client.
Providing you with ongoing updates and legal advice throughout the process.

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 lot on a plan of subdivision and don’t require an abutting land search. However, on occasion, such a search must be conducted, as the failure to do so may result in the transaction being null and void.

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, whether the vendor has obtained the consent from the Committee of Adjustment authorizing him to sell. If the vendor has not done so, the transaction will be null and void.

Also, with rural property, we want to consider testing the water not only for Ecoli but also for hard metals such as Arsenic. You would want to be sure to check the volume of the water to make sure you are not just getting a trickle of water. Consideration should be made to have the septic tank checked to make sure there are no cracks and that a search be done by the Health Unit to ascertain that a Use permit was issued by the Health Unit. This process confirms that the septic system was checked and was installed pursuant to the rules of the day when it was installed.

When Should You Contact a Lawyer if You’re Selling a House?

Selling a house can be a daunting process, but having a lawyer to guide you through the legal aspects can make it easier. It's best to contact our lawyers as soon as you decide to sell your house, even before listing it on the market. This will ensure that all necessary legal documents are in order and that any potential issues can be addressed beforehand.

Here are some other situations when it’s important to contact a lawyer:

If you have a mortgage on the property, how much will the penalty be if you sell before the end of the term?
If you are selling a property with an existing tenant.
If any renovations or additions have been made to the property.
If there are any outstanding liens or mortgages on the property.
In cases where there is more than one owner of the property.
If you are selling a rural property.

By involving our lawyers early on in the selling process, you can avoid any delays or complications that may arise. We can also provide valuable advice on pricing (such as considering having an appraisal done), negotiations, and potential legal implications of the sale, such as the sale of an investment property like an apartment building or a cottage as it will trigger a capital gain once sold.

What Does “Abut” Mean in Real Estate?

In the context of property, the term "abut" refers to the situation where two pieces of land share a common boundary or border. When properties abut, they’re directly adjacent to one another without any intervening land or water. This is a crucial consideration in property transactions, particularly in rural areas, as it may impact the legal status of a sale.

The Importance of an Abutting Land Search

An abutting land search is a necessary step in the due diligence process of any property transaction. It involves researching and obtaining information about adjacent properties to ensure that the sale can legally proceed without any complications.

This includes verifying that the seller has the right to sell their property and that there are no encumbrances or restrictions on the land that may affect its use or value.

What Happens if a Real Estate Deal Falls Through?

When a real estate deal falls through, it can be a stressful and complicated event for all parties involved.

If the agreement of purchase and sale is terminated, several potential consequences and steps must be considered:

Forfeiture of deposit: If the buyer is unable to complete the transaction, they may forfeit their deposit to the seller.
Return of deposit: In some cases, if the deal falls through due to issues beyond the buyer's control, such as the inability to secure financing or problems with the property that were not disclosed, the buyer may have grounds to request the return of their deposit.
Legal recourse: The seller or buyer, depending on the withdrawing party, may have the right to pursue legal action against the other for breach of contract. This could include seeking damages for any financial loss incurred due to the failed transaction.
Mutual release: Both parties may sign a mutual release form, officially terminating the agreement and releasing each party from further obligations. This is often the least contentious resolution.
Title complications: If the deal falls through due to issues discovered in the title search, these complications must be addressed before the property can be relisted or sold to another buyer.

Commercial Properties

As for commercial properties, one must make sure that the appropriate zoning permits are in place for this type of property. Further, when you sell or purchase a commercial property, is it important that a provision be made for the HST collection. Failure to ascertain this will result in the vendor believing that he is receiving a certain amount for his property, when in fact thirteen percent (13%) of the said amount needs to be remitted to the Canada Revenue Agency (CRA).

In certain circumstances, such as where a gas station was in the area of the commercial property you are interested in, you would want to consider getting an environmental assessment done. There are two phases to an environmental assessment. Phase I, is typically involves research by someone that specializes in environmental matters and addresses the relevant environmental matters. If there were properties in the area that are 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. This will often be part of the conditions that the bank will advance you the mortgage. Also, it is something you want to give serious consideration to as once you become the owner, it will be your responsibility to clean up the environmental problems, and this can be a very costly proposition.

Why Is Proper Zoning Important?

Zoning laws are put in place to regulate land use and ensure that properties are used for their intended purposes. This is important because it helps maintain the overall function and appearance of a neighborhood or community. Improper zoning can lead to negative consequences, such as decreased property values and incompatible land uses.

For example, if a commercial property is located in a residential zone, it may disrupt the quiet neighborhood and decrease property values for nearby homes. However, zoning regulations can also have positive impacts on a community, such as promoting economic development and preserving open spaces.

RURAL PROPERTIES - Residential or Commercial

For rural properties you need to be mindful about the well and septic system. It is highly recommended that a condition be placed in the offer that not only you wish to check the water through the Health Unit but that you also check the water for heavy metals such as arsenic. The Health Unit typically checks for e coli only.

Also, you want to ascertain that the volume of water coming from the well is sufficient for the household. You don’t want to take a shower and have the water only trickle down . Also, for the septic system, you will want to insert a condition that the offer is conditional upon the septic system being inspected by a specialist in this area and that it was installed according to the rules of the day as set out by the Health Unit.

Typically, the condition to check the septic system is at the cost of the purchaser and the cost to empty the septic tank is at the cost of the vendor. If there are issues with a septic system it can be a very costly proposition.

Benefits of Hiring a Real Estate Lawyer Early in the Process

Purchasing or selling property in the real estate market goes hand in hand with navigating the legal issues. Having a real estate lawyer in your corner is an invaluable asset. Whether you’re investing as a first-time homebuyer or expanding your development reach, our team can make the purchase or sale less stressful. 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 knowledge and guidance provided by the lawyer often pays for itself. 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 lawyers will handle the legal terms and complete the complex paperwork accurately.
Reducing Risks - Perhaps the most obvious benefit of hiring a real estate lawyer is reducing risks during the real estate transaction. We will help to ensure that all of their legal obligations are met, so you avoid costly complications.

We’ve earned a name for ourselves in real estate transactional matters. Please view the testimonials under “about us” on the website. Our staff possesses an extensive knowledge and experience in real estate law, and we can act on the purchase and sale of a property anywhere across the province of Ontario. Whatever situation you find yourself in, we have the skills and resources to help you.

To learn how a real estate lawyer could benefit your unique situation, contact the team at Suzanne Desrosiers Professional Corporation by calling today at (705) 268-6492 or emailing us at info@sdlawtimmins.com.

Real Estate Lawyers Committed to You

For all your real estate needs, Suzanne Desrosiers Professional Corporation is here to serve. We offer a complete range of services tailored to your individual needs. Our experienced, passionate legal team works closely with you to provide the highest standard of service and to ensure you get the results you deserve. Whether you're buying a home, selling a commercial or industrial building, or looking for help navigating local zoning regulations, our team is sure to be of assistance.

We can help with:

Financing and refinancing
Mortgage registration
Preparing and reviewing property transaction documents
Minor variances and severances
…and more

To learn more about our services and what we can do for you, we invite you to contact us to book a no-obligation initial consultation. There, we can walk you through our services, discuss your needs with you in person, and explain what we can do to help. We can also give you an upfront quote for any services offered.

Take advantage by booking your consultation today.

Experienced in Real Estate Law

With over 40 years of shared experience, we recognize that every real estate transaction represents a significant investment for the client. At Suzanne Desrosiers Professional Corporation, we understand the importance of safeguarding your financial interests. We use our experience and knowledge to act as your trusted advisor throughout the entire process.

We don’t stop at simply facilitating transactions—we meticulously examine every detail to identify and mitigate potential risks that could threaten your investment. With our support, you can proceed with confidence, knowing that you have a reliable partner at your side.

Local Real Estate Law Team

Our law firm is devoted to providing our clients with start-to-finish support through their real estate transactions. In our 40 years of experience, we have faced many unique situations that have affected both vendors and purchasers. With every new case, we bring an in depth understanding of the current market to the table alongside personalized attention and care. Our legal team is fully licensed and insured to offer a full suite of services in both the local residential and commercial sectors, including (but not limited to):

Sales and purchases
Title transfers
Refinancing
Mortgages

You can trust that our staff stays continually up to date with real estate developments.. With us by your side, your real estate transaction will be legal, binding, and will protect your best interests.

Residential Real Estate Law

Are you a first-time homebuyer or seller? We have your back. We offer comprehensive legal services to help you process your transaction and take the stress of the situation off your shoulders. Led by renowned real estate lawyer Suzanne Desrosiers, our team provides real, actionable solutions to help you finalize the transaction in a timely and cost-effective way.

Commercial Real Estate Law

Business owners can depend on us for counsel on all matters of commercial real estate law. Our breadth of knowledge allows us to offer a complete range of services to ensure your business venture can succeed. Whether you need assistance preparing a lease for a commercial space, finalizing a transaction, or resolving a dispute, our experienced team of lawyers is here to help.

Practice Areas:

Commercial sales and acquisitions
Real estate development
Real estate management transactions
Title review

To learn more about our commercial real estate legal services and what we can do for you, don't hesitate to get in touch with us.

Timmins's Leading Local Real Estate Lawyer

Whether you need a real estate lawyer to process a sale or prepare documents, Suzanne Desrosiers Professional Corporation is here to serve. Renowned for our deep understanding of the law, client-focused approach, and unparalleled knowledge, we've set ourselves apart as the Timmins area's top real estate law firm. Whatever your needs, we're the team you can trust.