The purchase and sale process can become extremely complex, especially when there are multiple parties involved. Too often, important details are missed and costly mistakes are made that render transactions dead and spark potential lawsuits. That’s why a real estate lawyer is often included as part of the process. Here are 5 situations that require a real estate lawyer that you should know about.
Purchasing Property
Your real estate agent will help you navigate through the process, but they don’t have the training to identify unlawful activity or oversee legal matters. That’s why a real estate lawyer is required when collecting and dispersing funds and transferring the property. But you should also consider hiring a lawyer to review the Agreement of Purchase and Sale and the title documents to ensure that all the details are accurate and in your best interest.
Getting a Mortgage
You’ll also need the assistance of a real estate lawyer when arranging a mortgage to determine how the home will be titled, and to direct the funds from the lender to the borrower. A real estate lawyer will make sure that all the relevant mortgage documents are signed and that the money arrives on time.
Selling Property
When you decide to put your home up for sale, you’ll need to call a real estate lawyer. The lawyer will draft the documents, negotiate the terms, and add in any necessary conditions that represent your best interests. They’ll also make sure that all the appropriate laws are followed and any issues are quickly remedied as they arise. Most importantly, they’ll arrange the statement of adjustments, then discharge the mortgage as well as any other liens on title.
Property Disputes
If you’re facing contractual or title issues, land use, access, zoning, boundary or ownership issues, a lawyer can help. Any disputes you face regarding the surrounding property and ownership can be handled by a legal representative. Attorneys can also be called in to provide skilled advice and litigation if there are unsettled construction liens or insurance disputes.
Leasing Agreements and Disputes
An attorney can assist with any landlord and tenant situations. Whether it’s a dispute over a commercial lease or residential lease agreement, or you need assistance drafting a complex lease agreement that is officially binding, a real estate lawyer can help protect your legal rights.
To ensure you’re protected throughout the entire process, you should consider hiring a real estate lawyer early in the process. Contact us at Accord Law today to find out more about our services.
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Privacy Policy
Accord Law Professional Corporation is a firm that specializes in Real Estate, Immigration, and Business law with offices in Toronto, Ontario. The lawyer[s] and staff at Accord Law Professional Corporation (sometimes referred to as “we”) are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy.
Privacy Legislation
Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Accord Law Professional Corporation.
In addition, an Act respecting the Protection of Personal Information in the Private Sector has been in force in Quebec since 1994 and sets out rules regarding the collection, use and disclosure of personal information within that province.
Lastly, as a professional services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer-client and agent-client relationship.
Personal Information
Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.
Consent to Our Collection of Personal Information
In most cases, we obtain your consent to collect, use and disclose your personal information. Usually, if you retain our firm, we assume that we have your implied consent to our collection and use of your personal information, however, at times we may ask for your express consent, either verbally or in writing. Generally, we collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes we may obtain information about you from other sources such as a government registry or other professionals who serve you.
Use of Personal Information at Accord Law Professional Corporation
We use your personal information to provide legal advice and services to you, to issue invoices and to maintain our database of clients. In addition, if you apply for a position with Accord Law Professional Corporation, we will use your personal information to assess your candidacy. Lastly, we may use your contact information (name, e-mail and postal address) so that we may communicate with you about recent developments in the law, keep you abreast of Accord Law Professional Corporation news and invite you to our firm events.
Withdrawal of Consent
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.
You can ask us not to send you marketing communications by following the opt-out instructions in each communication or you may let us know by contacting us at info@accordlaw.ca.
Disclosure of Personal Information
Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival file storage or insurance. (In such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or we engage expert witnesses or other law firms on your behalf.
Accuracy of Your Information
It is important that the information that we have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.
Safeguards
Accord Law Professional Corporation uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.
Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Accord Law Professional Corporation will notify you in writing of the reason for the denial.
To request access or to amend your personal information, please contact the lawyer with whom you normally correspond or write to our Privacy Contact at the address below. Accord Law Professional Corporation will respond within thirty (30) days of receipt of your written request.
Challenging Compliance
Accord Law Professional Corporation will respond to inquiries about its policies and practices relating to its handling of your personal information. Inquiries should be directed to Accord Law Professional Corporation’s Privacy Contact using the contact information below. Accord Law Professional Corporation will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, Accord Law Professional Corporation will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.
Website Privacy
Like most other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize your visit to our website.
We do not use cookies or any electronic means to collect personal information from you or your computer; however, our website server will automatically collect IP addresses. We may view the IP log from time to time, for example, to maintain the security of our website. We do not link the IP addresses to other personally identifiable information.
Privacy Contacts
If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to our use of your personal information, or to request access to or update any information we have on file, please contact the lawyer with whom you are dealing, or contact:
Commission d’accès à l’information du Québec
480 St. Laurent
Suite 501
Montreal, Quebec
H2Y 3Y7
Telephone: 514.873.4196
Toll Free: 1.888.528.7741
Changes to this Privacy Policy
We may change this Privacy Policy from time to time. Any changes will be posted on our website at accordlaw.ca and will be made available upon request through your contact at Accord Law Professional Corporation. Please check from time to time to ensure you are aware of our current policy.
