The details of a commercial real estate transaction are necessarily more complex than those involving most residential transactions. With over 14+ years of combined legal experience, Madaans LLP is well positioned to handle all of your commercial real estate transaction needs.ffffff
Madaans LLP has a wide range of experience in estate planning and transfer of wealth, during life, upon death, and even after death. It is a hard truth, but if you die without a Will, Ontario law dictates who will administer your estate, who will share in your estate, the amount of their share, and the time at which they will share it. This scheme of distribution may be very different from what you would choose. The absence of a Will or other estate planning can cause unnecessary legal costs and increased family concerns at a very difficult time.
• Reviews the Agreement of Purchase and Sale;
• Contacts the Buyers, confirms acting for the Buyers, confirms personal details, discusses any preliminary issues raised by the Agreement, determines whether the buyers are eligible for the first time home buyer rebate, Whether the buyers are purchasing the property as their principal residence or as an investment property, whether the buyer is arranging a mortgage or bridge Financing is needed and arranged, whether the buyer is using a Power of attorney, whether the Buyer is a Foreign Buyer for the purposes of the Non Resident Speculation tax; opens Buyers file;
• Performs title and writ searches, Part Lot searches to ensure compliance with The Planning Act and determines if there are any Charges that will be remaining on Title;
• Forwards the letter of Requisitions and other Seller conveyancing documents to the Seller’s Lawyer for execution by the Seller and return to the Buyer’s Lawyer;
• Reviews Mortgagee’s Instructions;
• Prepares the conveyancing documents. In Ontario, the Buyer’s Lawyer prepares all of the documents;
• Advises Buyers of Mortgagee’s insurance requirements, the amount of the Cash Shortfall AND when it is needed (Bank Draft) and arranges an appointment to sign the necessary documents (usually a week before the Closing Date);
• Signing Day – reviews the whole transaction and documents with the Buyers and attends to the signing of all documents (usually a week before the Closing Date);
• Cash Shortfall – is usually received a couple of days before the Closing Day. The Cash Shortfall must be with the Buyer’s Lawyer BEFORE the documents are submitted for registration;
• Ensures Property and Title Insurance is obtained;
• Requests mortgage funds from Mortgagee for Closing Date;
• Closing Day, Delivers the funds to the Seller’s lawyer as per their direction along with the Buyer’s documents;
• Registers the Transfer and the Charge/Mortgage in Teraview;
• Confirms “registration” on the Closing Date and advises the Buyer, Seller’s Lawyer and Realtors that the “Deal” has registered. On the Closing Day, there will be a “sub search of the title” and the seller’s writ search is done to ensure that the Buyer gets a good title. The actual new title showing the Buyer as registered owner won’t be produced by the Land Registration Office (LRO) for one to two weeks. When the title is produced, the Seller’s Mortgage may still be registered on the title. This is normal, until the registered transfer is certified by the LRO in the Buyer’s name.
• The keys are released to the Buyers.
• Reviews the Agreement of Purchase and Sale;
• Contacts the Sellers, confirms acting for the Sellers and discusses any preliminary issues raised by the agreement, gathers information about any existing mortgages to be discharged, Realty tax information, Seller’s residency status, Use of a Power of attorney, Assumption of any rental equipment by the buyer and assumption of any existing tenants by the buyer; opens Seller’s file;
• Performs a Title and Writ search and confirms the details of Mortgages that the Seller must discharge;
• Contacts Mortgagees for discharge amounts and per diem rates of interest;
• Prepares the Statement of adjustments and the seller’s documents. Coordinates with the Buyer’s Lawyer and provide a response to the Letter of Requisitions. Prepare and message the Transfer in Teraview;
• Arranges for the Sellers to come into the Office (usually a week before the Closing Date);
• Signing Day – reviews the whole transaction with the Sellers, attends to the signing of all documents and advises the amount due to the Sellers from the sale of the Property. (usually a week before the Closing Date);
• Forwards the conveyancing documents to the Buyer’s Lawyer and the appropriate undertakings;
• Obtains funds, the Purchaser’s documents and confirmation of registration from the Buyer’s Lawyer and advises Seller of closing of the transaction (on the Closing Day)
• Looks after discharging the Seller’s mortgage from title and advises the Buyer’s Lawyer when that has been done.
• Pays the Balance of the Commission to the Realty Company and release the remaining funds to the Seller;
• There is a constant interaction between the Buyer’s Lawyer and Seller’s Lawyer, their staff and others involved in the transaction in order to ensure that a Real Estate Transaction completes smoothly and on time.
PLEASE NOTE: There can be many variations on the foregoing respecting the issues of Possession of the Property, release of the keys, however the foregoing is the “normal” sequence of events. Please check with your Lawyer as to what will be the actual procedure on the Closing Date.
Reporting on the Transaction:
Now that the Real Estate Transaction has closed, each of the Buyer’s Lawyer and Seller’s Lawyer must report to their respective clients and others involved in the transaction.
• Telephones the Buyers on the Closing Day and prepares an initial reporting letter to the Buyer advising that the transaction has completed and provides the Buyer with a copy of all of the relevant documents.
• Prepares a reporting letter to the Lender advising that the transaction has completed and provides the Lender with a copy of all of their relevant documents including the Mortgage.
• Provides a final reporting letter to the Buyer.
• Prepares a reporting letter to the Seller advising that the transaction has completed and provides the Seller with a copy of all of the relevant documents.
• Forwards sufficient funds to the Seller’s Mortgagees to payout and have discharged the Seller’s Mortgage.
• Advises the Buyer’s Lawyer when the Seller’s Mortgage is discharged.
For buyers and sellers, you’ll want to call your real estate lawyer as soon as you’re ready to sign an Offer to Purchase. The offer is a legal document, so it’s important to have a lawyer review it, because the consequences of breaking the contract can be expensive. Your lawyer can explain all the legalese in plain terms. You’ll need to see your lawyer again before the closing day, to finish the transaction.
If you’re refinancing, you only need to see your real estate lawyer once, to sign all the paperwork that is required for your new mortgage.
Legal fees depend on how complicated the purchase transaction is, as well as the lawyer’s expertise. Most of the time, there will be a base fee that depends on the type of home (detached, condo, etc.) and then you’ll pay for disbursements (Courier, faxing, photocopying, software fees etc.) and registration fees. The cost will also depend on whether you’re buying, selling or refinancing. Expect to pay around $1,500 in legal fees and disbursements when all is said and done.
Disbursements are essentially the lawyer’s expenses incurred by working with you, and anything they have to pay ahead of time on your behalf; this can include faxing, photocopying, software fees, acquiring tax certificates and any title and writ searches the lawyer has to complete that comes with a cost attached. Legal fees are what you pay for the lawyer’s time (either a flat fee or per-hour rate).
What is the difference between title registration and title insurance? Title registration is simply the process of changing the title of the home from the seller’s name to yours. Title insurance, on the other hand, is intended to protect you from liability should an undetected title defect be found. For instance, if there is a violation of the municipal zoning bylaws, an existing work order, property taxes in arrears or encroachments on adjoining property, this could affect your title. Both title insurance fees and registration fees are paid for on the closing day.