Trusted Real Estate Law Firm in St. Catharines, ON

Real estate lawyers advise and represent clients through real estate transactions, such as sale, purchase, leasing, mortgage financing, and property taxes. For commercial real estate transactions, your lawyers may also negotiate the terms of the agreement, advise on commercial matters, and assist with zoning and land development.

Your real estate lawyer’s fees will depend on several factors, such as:

• Whether it’s a residential or commercial transaction.
• Complexity and scope of the engagement.
• Any specialized services required for the real estate matter.

There is no prescribed fee for a real estate lawyer, but a residential real estate purchase usually costs $900, excluding taxes. Talk to a real estate lawyer to find out how much they estimate your matter to cost.

If you are looking for the most reputed, most established real estate law firm in St. Catharines, you’re at the right place already. Lancaster Chown & Welch LLP has been formed from the combination of four of Niagara’s top law firms. We bring over 100 years of experience representing and advising clients in a wide range of matters, including real estate.

No, in most scenarios a lawyer cannot represent both parties in a real estate transaction. There are some limited exceptions to this, including: 

• In some severance of land transfers.
• When transferring from an estate trustee, executor, or administrator to a beneficiary.
• Where the transferor and transferee are “related persons” under section 251 of the Income Tax Act.

To learn more, speak to us or visit the Law Society of Ontario website.

That depends on several things, such as what the real estate market is like, where you are planning to move to, your financial resources, and your risk appetite. Speak to an experienced real estate about the market and talk to a real estate lawyer to understand the pros and cons of either approach.

This is a big question, so it’s best to ask a lawyer in person. That said, you should:

• Review purchase and sale documents carefully (or have them vetted by a lawyer).
• Read the mortgage conditions thoroughly.
• Check for liens and potential issues with the title.
• Get title insurance.

Make sure your lawyer understands your concerns, expectations, and circumstances.

A mortgage is used to borrow money to buy real estate. The lender agrees to lend you money on the condition that you will pay back the amount loaned with the agreed-upon interest and timeframe, with the property being purchased effectively serving as security. Failure to do so will allow the lender to repossess the property.

You will need real estate if you are buying a house in Ontario to:

• Validate the property title and that the seller has the right to sell the property.
• Identify and correct liens and title issues.
• Calculate land transfer tax, if any.
• Meet your lender’s mortgage requirements (most will only provide the loan through the lawyer).

There is a lot of paperwork and technicality involved in a real estate transaction, and working with experienced real estate lawyers is advisable so nothing falls through the cracks.

Technically, there are no restrictions on what you can put in the offer at the time of purchase. That being said, adding too many conditions can make your offer less attractive. Here are a few essential conditions you should make the offer contingent on:

• Mortgage approval from your lender.
• Satisfactory property inspection.
• Condition of the fixtures and appliances.
• Clear closing date.

Do include conditions for items that are deal breakers for you (such as repainting or removing a hot tub) but know that unreasonable conditions can put off the seller.

Nothing. As the buyer, you do not need to disclose anything before making the purchase. As the buyer, you should know about caveat emptor—or buyer beware! You are responsible for finding out as much about the property as possible because you are buying it at your own risk.

Sellers have an extremely limited disclosure requirement, such as whether there has been a death on the property.

Yes, you can sell the property as a non-resident Canadian, though you will be subject to the same tax and legal requirements as a Canadian resident. However, the tax process will be stricter, including applying for a Certificate of Compliance.

You should work with experienced, local real estate lawyers to streamline the sale process.