Kami Norman

Victoria BC REALTOR®

Real Estate Law

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Randall and Murrell LLP
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WHAT LAWYERS DO WHEN YOU PURCHASE A PROPERTY

Review the Agreement of Purchase and Sale and advise of potential problems, if any.

Conduct a Search of Title and obtain copies and review all registered documents and encumbrances including: Easements, Statutory Rights of Way, Covenants, Building Schemes, Subsurface Rights, Liens, Judgments, Mortgages (if being assumed), Notices, Subdivision Plans, Strata Plans, Bylaws, and all other relevant encumbrances and documents. Determine how the Buyer wishes to take title to the property (i.e. as joint tenants or tenants in common). Determine whether exemptions or rebates apply concerning the Property Purchase Tax of GST.

Contact the Mortgage Lender and upon receiving Mortgage Instructions review them, and determine any special requirements.

Arrange for a Survey Certificate (if any existing one can not be located) in the event the Buyer or Mortgage Lenders requires. Review Survey checking for encroachments.

Contact the Municipal Property Tax Department, Water Department, Tenants to obtain current information for preparation of Statements of Adjustments (which are the respective credits and debits between the Buyer and the Seller).

Calculate the Property Purchase Tax, GST, Municipal Property Tax Adjustment, Water account arrears, tenants damage deposits (including interest), accrued interest to be deducted form the Mortgage funds, disbursements and Land Titles Office charges.

Prepare Buyer's and Seller's Statement of Adjustments, Conveyance and Mortgage documentation.

Forward Seller's documents to Seller's lawyer for signing and return.

Meet with Buyers for review and signing all documentation as required.

Obtain from Buyers certified cheque or bank draft which when added to the Mortgage proceeds will be sufficient to cover all purchase costs involved.

Submit transfer and Mortgage documents for registration at the Land Titles Office after conducting a pre-registration title review to ensure no further encumbrances have been registered since the initial title search.

Prepare preliminary report and forward copies of mortgage documents and registration particulars to the Mortgage Lender and receive Mortgage proceeds.

Arrange for payments of funds on closing day and removal of all objectionable encumbrances to be removed from title and receive confirmation of their removal.

Interim report to Buyer.

Final report to Buyer and Mortgage Lender with copies of documents and State of Title Certificate.

The foregoing is intended to be of general nature and the scope of retainer may vary.


WHAT LAWYERS DO WHEN YOU SELL A PROPERTY

Review the Agreement of Purchase and Sale and advise of Potential problems, if any.

Conduct a Search of Title, in order to determine which registered encumbrances such as mortgages (not being assumed), judgments, tax liens, builders liens, notices and other encumbrances, must be paid out or dealt with and discharged from title.

If rental property, prepare notice to tenant (if necessary) to vacate property.

Obtain mortgage assumption or discharge statement from Mortgage Lenders.

Receive and review transfer documents received form Buyer's Lawyer including, Seller's Statement of Adjustments (showing debits and credits for Seller and Purchases for such items as Purchase Price, Municipal Property Taxes, Water Account, Tenants Damage Deposits, Real Estate Commissions, Deposits and Mortgage Assumption), Transfer of Title, Condominium Certificates (if strata title) and Statutory Declaration concerning Survey Certificate.

Discuss and clear any problems with Buyer's Lawyer concerning title problems and accuracy of figures.

Arrange for clearance from Revenue Canada if Seller is a non-resident of Canada.

Attend on Seller for review and signing all documents including Seller's Statement of Adjustments, Mortgage Payout or Assumption Statements, Mortgage Assumption Agreements, Transfer documents and lawyers account.

Return documents to Buyer's lawyer with appropriate undertakings as to payment of funds, clearing of mortgages and other objectionable encumbrances to be cleared from title.

Receive funds, pay mortgages and other items to be paid form the proceeds, including back taxes, real estate commissions, and pay balance to Seller as directed.

Prepare and forward Mortgage an other encumbrance discharge documents to Mortgage Lenders and other parties and register at Land Titles Office when returned.

Report to Buyer's Lawyer with discharge particulars when received from Land Title Office.

The foregoing is intended to be of general nature and the scope of retainer may vary.