The real estate lawyer Mississauga, Ontario trusts for buying and selling
A real estate transaction is serious business, whether residential or commercial and requires the assistance of a lawyer trained and experienced in real estate law helps to make the experience low-stress and efficient. Gujral Law Professional Corporation has locations in Mississauga, Ontario for your convenience.
Residential real estate law firm
Buying or selling a home is a significant decision for a family, and the process can be intimidating. You are presented with a sheaf of technical documents that must be signed. These documents contain a number of solemn obligations– yet you may receive minimal explanation. A residential real estate transaction must be executed within certain protocols to avoid short or long-term repercussions that could result in real estate litigation or unexpected expense.
Even if your transaction is handled by a real estate agent, legal issues may arise that the Realtor cannot answer. This need for legal advice may include property line disputes, need to evict an existing tenant, desire to formulate a rent-to-own agreement, or past-due taxes and liens against the property. In addition, Ontario requires property to be registered under the Land Titles Act using an electronic system not readily accessible to the public. An Abstract of Title prepared by a solicitor is necessary for this registration.
Mr. Tarunjeet Gujral is experienced in anticipating roadblocks and smoothing the way for your sale or purchase of a home.
Commercial real estate lawyer in Mississauga, ON
Gujral Law Professional Corporation provides commercial clients with legal services in a timely, friendly, and professional fashion that develops long-term relationships. Commercial closing requires specialized searches. Would you like to ask a lawyer about some aspect of Ontario land law? Do you need to place a lien on a property or have one removed? Do you want to structure a rental agreement, or have questions about property law?
Gujral Law Professional Corporation can help. We handle:
- Preparation and review of agreements of purchase and sale
- Commercial unit purchase and sale
- Condominium purchase and sale
- Mortgage refinance (debt consolidation) and second mortgage
- Mortgage documentation
- Real estate litigation
FAQs
Do I need a lawyer when buying a home?
In Ontario, the expertise of a lawyer is strongly recommended. Our expertise as a real estate law practice is helpful when registering the transfer of properties from sellers to buyers. This step is essential to complete the home-buying process, as it assures the change in ownership is legally recognized. Our expertise is also helpful for complex transactions, and when your real estate agent may be limited in what they can do to assist you.
Is a lawyer only necessary when finalizing the sale of the property?
No. The expertise of a seasoned real estate lawyer like Tarunjeet Gujral also ensures that the entire transaction and process is “on the up and up.” By assuring that the letter of the law has been followed, you, as a buyer, are protected from unexpected and potentially costly financial and legal issues that could arise after the home is purchased.
What are some of the potential problems that you are looking for?
You might be exposed to numerous risks as a buyer without the knowledge and experience of a real estate lawyer. These potential liabilities and oversights include:
- Compliance issues associated with local zoning laws
- Encumbrances, legal claims, or restrictions on property
- Unpaid property taxes
- Land registry errors
- The presence of liens
Do I need to get title insurance?
This one-time fee protects against fraud, liens, encroachment, public records errors, and other title-related risks. It covers the defects not known or visible at the time of purchase. It is strongly recommended as a safeguard for both your equity and ownership rights (the “Owner’s Policy”) and the lender’s investment in your mortgage (the “Lender’s Policy”). Both may be purchased upon closing, and the Owner’s policy remains effective throughout your ownership of the property and may also extend to your future heirs.
What are my legal obligations as a seller?
As a seller, you must, by law, disclose any “material defects” known to you. These defects could have a negative effect on the value and desirability of the property. For instance, you must report any structural or environmental hazards. It is also your obligation to maintain the property after the contract has been signed and before the official closing date. The property must be maintained in the condition that you and the other party agreed upon. You must also resolve any liens, mortgages, or encumbrances, and provide the buyer with access to the property for any “due diligence”: inspections and appraisals. The seller has to give a clear title to the Purchaser.
What are my rights as a tenant?
Your landlord must provide you with safe, habitable housing. There are also protections in place to prevent unlawful eviction. For instance, you must be given proper notice and a valid reason for your removal. Landlords cannot enter your unit or home without written notice of at least 24 hours. The only exception to this is emergencies when the landlord must access your living quarters immediately. In addition to privacy, you also have the basic right to live in the property without harassment, disruptions in services, and discrimination based on protected characteristics such as your race, sexual orientation, religion, or disability. If you are concerned about your landlord deviating from any of these legal protections and procedures, contact us today to discuss them. You may have a case.
When can I evict a tenant?
You may only evict tenants for legally valid reasons. These reasons typically fall under the category of “for cause” (or “tenant-related”) and “no fault” (or “landlord-related”). As noted above, you must follow very specific procedures to remove tenants. The No. 1 “for cause” reason for eviction is non-payment or frequent late payments. Significant property damage and lease violations are among other tenant-related reasons. It is critical to keep all correspondence, payments, notices, and other records in case the eviction case proceeds to the landlord and tenant board for a hearing.
