Are you thinking of buying, selling or re-financing your existing property?

Or is it a commercial venture that you need assistance with.

Are you, buying, selling, or need contracts/agreements negotiated?

Are you confident of receiving prompt and courteous legal services?

Then contact Joseph S. Roza, a Nova Scotia Barrister & Solicitor, with 20 years of experience in assisting clients with:

Real Estate transaction experience including: 

Purchases, sales, development agreements and refinancing.

• Depending on your particular requirements, you will need a Lawyer to make sure you receive all your agreement entitles you to. While these transactions are common every day occurrences they are far from simple:
• If you are a seller, you must be assured that you receive the funds and advise you are entitled to and that all mortgages or other claims affecting the title are dealt with......................
• If you are a buyer, then you must be assured that the ownership of your property is secured and guaranteed and not affected by any outstanding interests...........
• If you are mortgaging or re-financing, your lender will insist that a Lawyer review your ownership and handle the transaction throughout, including the transfer of mortgage funds and preparation of the appropriate documents.................

REVIEW - since the entire transaction is guided by the Agreement, have your Lawyer involved in drafting it,............. if this is not possible place a clause in the Agreement making it a condition that your Lawyer review and approve of its terms within 48 to 72 hours.

INSPECTIONS - since you will want to ensure that the property is in good condition, that the structure is sound, that the furnace is in working order, that the roof does not leak or to determine if there are any other problems, your Agreement should contain a clause that allows for an inspection by a qualified building inspector. This is normally at your expense, but it will be money well spent, especially if problems are disclosed.

In addition you will be permitted to visit and inspect the premises in the 24 hours preceding the closing, to ensure that the condition of the property has not changed since the signing of the Agreement.

FINANCING - you should arrange, before entering into your Agreement to have your mortgage pre-approved, in this way, you have pre-determined a price range for your purchase. If this has not been arranged then your first task, after entering into the Agreement is to approach a Bank or lending institution to obtain approval of your mortgage financing for the purchase.......

Looking for a Mortgage ..............check out:

Canadian Imperial Bank of Commerce (CIBC)

Toronto Dominion Bank

LOCATION CERTIFICATE - a location certificate ensures that the dwelling or other building on the property is located within the boundaries of the lot described in the deed that you receive the approximate location of the driveway, but it's overriding purpose is to provide insurance against encroachments off or on to the lot which could materially affect the value of the property. Generally, the previous location certificate does not achieve this purpose, as there is no right to rely on a certificate that has not been prepared by a surveyor paid by the Purchaser. In other words, if an older certificate is incorrect, it is unlikely that you, as purchaser, would have any legal recourse against the Vendor or the Surveyor. Therefore, you should obtain a new or updated location certificate prior to closing, or title insurance can be arranged through Stewart Title

TITLE SEARCH - a search is conducted at the Registry of Deeds and establishes that the Vendor is the true undisputed owner of the property and to ascertain whether or not there are any problems which may or may not affect the validity of the title to the property you are purchasing. Once clear title is obtained, then the closing of the property proceeds and you receive a deed from the Vendor which conveys the property to the Purchaser. 
 

In addition, a tax certificate is obtained from the Municipality in which the property is situate to ascertain the status of taxes and the amount of any betterment charges for sewer, sidewalk, paving or curb improvements done or commissioned by the Municipality. Betterment charges are generally paid for by the Vendor prior to closing. Subsequent to closing a deed together with the deed transfer tax (to a maximum of 1.5% of the purchase price) is forwarded to the relevant municipality. Once the deed transfer is paid, the deed is stamped by the Municipality and forwarded to the Registry of Deeds for registration, along with the mortgage. Upon receiving the registered documents, then a full report and certificate of title is issued to the Purchaser along with a certificate to the mortgage company.................

There may be other investigations required with respect to the purchase of the property, however these investigations are conducted on a property by property basis and may be specific to the property being conveyed..............
 

THINGS TO DO..............Remember, no matter where you live,  you have to change the utilities, cable, telephone, the oil delivery, water and don't forget that all important change of address.......... so all your friends know where to find you.

Commercial transactions ..........including formation of Nova Scotia registered companies, contract negotiations, acquisitions and sales of existing businesses and all aspects of commercial/business transactions.........

Return soon, this site is under continuous construction. If you need help or further information do not hesitate to contact our offices.