Purchasing a residence is usually the single most expensive investment a person will make. The involvement of a lawyer who is experienced in real estate transactions will provide each party with a full understanding of their rights and responsibilities. An experienced Real Estate Lawyer can also help to avoid future legal problems that may arise if either buyer or seller is not fully aware of the legal effects of the real estate transactions.
The lawyer who represents the buyer in a real estate transaction reviews the contract, proposes and negotiates contract changes with the seller’s lawyer, provides notice to the seller’s lawyer regarding the results of the home inspections and documents the agreement between the parties regarding necessary repairs, treatment or cash credits at closing; works with the mortgage company in preparing the documents for closing; orders and reviews title searches and survey; conducts and most often disburses funds at closing; arranges for the registration of the deed and mortgage, and reviews and forwards to the buyer the complete closing package including the deed, mortgage, title insurance and the ledger indicating all the money received and disbursed.
A contract prepared by a lawyer, real estate agent, broker or salesperson is a legal document that fixes the rights and obligations of the parties, and establishes the terms of the transaction that bind the parties. It is very important that a lawyer be consulted to review this document. The lawyer’s review of the broker-prepared contract encompasses the entire realm of real estate contract law. The lawyer must be certain that the clauses that are used accurately reflect the terms of the transaction agreed to by parties, and properly and adequately protect the client.
The deed is the written document that is signed, acknowledged and delivered by the seller of the real estate to the buyer by which the seller transfer the real estate. As this is the document evidencing and effecting the transfer, it is critical that the document be drafted with clarity. Ambiguous language in a deed can be the source of title different types of deeds can effect the seller’s liability in the future. The use of a lawyer knowledgeable in real estate can ensure that the proper transfer is made.
Most buyers require a mortgage loan to complete the transactions. In some cases, the buyer’s lawyer prepares the mortgage documents, but in most cases the lawyer for the buyer can review the mortgage papers prepared by the lender to ensure that these documents are prepared correctly. A real estate agent or title company cannot explain the legal effects of these documents; such action would constitute the unauthorized practice of law. As the mortgage documents create a lien against the property and also personally obligate the borrower to repay the loan, it is prudent for the borrower to retain a lawyer to review these documents as to their correctness, and to explain their legal effect to the borrower.
To assure that the seller of real estate is able to transfer all legal and equitable ownership interest in the property to the buyer, a title search is required. The result of search identifies the legal owner of the property and list all recorded documents that affect the property. The title search also identifies those who have claims against any current or past owners of the property. These claims must be satisfied and cleared from the public record in order for the buyer to obtain clear title to the property that can be readily transferred in the future. Law Booth reviews the title search, explains the results and pursues the satisfaction of claims in anticipation of closing.
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In Ontario, a divorce can take 30 days to over a year depending on your situation. The quickest way to obtain a divorce is to file a Joint Application in which both parties agree to all the issues. You can then file your Affidavit of Divorce along with your marriage certificate. There are three heads under which individuals can seek divorce:<br /> Parties have been separated for 12 months, Adultery and Cruelty. Depending on how quickly your documents are prepared and filed and the number of cases being handled by the Court in your area it can take 30 days to over a year. In most cases we have seen a Divorce Order be granted within 4-6 months of filing all the outstanding documents.
A divorce application may be started by filing an application for divorce with their spouse as a respondent or a joint application. A simple divorce can be the most inexpensive avenue to obtain a divorce Order. You can get a divorce by proving that your marriage is over. You can prove this by showing that you have been separated for a year, or that your husband or wife has had a sexual relationship with another person, or that your husband or wife has been physically or mentally cruel to you. In this application you will name your spouse as the respondent. If your spouse does not respond to the application within the prescribed time, they lose the opportunity to respond at all unless they bring a motion asking for the Courts permission to do the same. If your spouse fails to respond, the divorce effectively becomes uncontested. Which means you may file your Affidavit for Divorce and seek a divorce Order. Alternatively you and your spouse can agree to file a joint divorce in which you agree to all the issues (which can be through a separation agreement) and advise the Court of your intention to divorce. This can be the quickest method of divorce. You may file the Affidavit for Divorce with the application.
In Ontario, family law matters are dealt with in separate courts. Each avenue has its benefits and drawbacks. You must apply to the Superior Court of Justice if you want to do the following: Apply for a simple divorce, Ask for custody, access or support as part of the divorce and Equalization and division of family property. You can apply to the Ontario Court of Justice if you want to do the following: Spousal support and Custody or access to children. This Court also hears adoption and child protections matters. You and your spouse can also resolve matters and issues between each other through private settlement, negotiation, collaborative family law, mediation or arbitration instead of going to Court. Here at Law Booth we believe in the collaborative approach to family law matters. If you want a Separation Agreement drafted, feel free to call us.
Government of Canada strongly recommends that Canadian children carry a consent letter if they are travelling abroad alone, with only one parent/guardian, with friends or relatives or with a group. For the purposes of this consent letter, a Canadian child is defined as anyone who is under the age of majority (18 or 19, depending on the province or territory of residence). A consent letter is not a legal requirement in Canada, but it can simplify travel for Canadian children, as it may be requested by immigration authorities when entering or leaving a foreign country or by Canadian officials when re-entering Canada. The letter demonstrates that Canadian children have permission to travel abroad from parents or guardians who are not accompanying them. At Law Booth, we can draft the letter for you while you wait in as little as 15 minutes. We ask that the person(s) consenting bring two pieces of ID's including a passport along with the full legal names, date of births and passport number of the children and the person(s) traveling with the children.