Trusted and Esteemed Mortgage Lawyers in Brampton

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Book A Free Consultation

Qualified and Experienced Mortgage Lawyers in Brampton

Providing Our Clients With Top-Notch Legal Services

When it comes to mortgage refinancing, you need a qualified and reliable mortgage lawyer who can guide you through the process while protecting you from the challenges of a real estate transaction. At Brar Tamber, we have a powerful team of experienced lawyers who can help you with a wide range of services, including home purchases and sales, private mortgages, mortgage refinance and discharge, and title transfers. We aim to exceed your expectations by generating outstanding results to meet your needs.

Whether you’re a first-time homebuyer or a seasoned real estate investor, you can trust our mortgage lawyers to protect your legal rights. We provide services that make you feel confident and secure, and keep you up to date on your real estate transaction. We are committed to helping our clients with professionalism, dedication, attention to detail, compassion, and a results-oriented approach. We have a successful track record and give our best to ensure your real estate transaction proceeds smoothly and without errors. When it comes to choosing a mortgage lawyer in Brampton, look no further than Brar Tamber.

Top-Notch Legal Services from Our Mortgage Lawyers in Brampton

Brar Tamber’s mortgage lawyers have the expertise and knowledge to handle a wide range of real estate cases. We have a diverse clientele that includes local buyers and sellers, banks, life insurance companies, and institutional lenders. We specialize in delivering streamlined mortgage enforcement solutions and providing accurate and reliable legal information.

Contact Us to Book a Free Consultation

CALL: 1-833-BRAR-LAW

Reliable and Knowledgeable Mortgage Lawyers

Our lawyers are knowledgeable, trustworthy, and have handled a wide range of complicated real estate cases, including mortgage and land title frauds, with ease and efficiency. We always suggest the best course of action to get the desired results. When you choose us you get:

Professional legal advice

Services on a contingency-fees basis

Free initial consultation

No hidden charges

Expert dispute handling

Efficient communication.

Our vast experience and expertise give clients the confidence to move forward with their cases. We make sure all documents are accurate, thus avoiding last-minute hassles. With our dedication and commitment, we help our clients achieve their goals

What We Offer

Mortgage Closing

When closing your mortgage loan, you need expert advice from an experienced mortgage lawyer to avoid costly mistakes that can land you in legal disputes. With Brar Tamber on your side, you rest assured knowing we will deal with real estate agents, the seller’s agents, the title company’s representatives, and loan officers from your mortgage lenders. Our lawyers play a vital role in mortgage closing by:

Studying the paperwork and ensuring the documents are correct before you sign them.

Complying with all legal requirements and avoiding errors in documentation.

Helping clients understand the complicated financial structure of a real estate transaction.

Doing a title search and ensuring there’s no lien against the property.

Our team of mortgage lawyers will walk you through the mortgage closing process to ensure it goes smoothly. We are by your side through your real estate transaction’s completion.

Mortgage Enforcement

Mortgage enforcement occurs when a borrower fails to comply with the agreed-upon terms and conditions in a contract with a lender. Our lawyers are the leaders in providing complete mortgage enforcement services for both commercial and residential properties. If you’re a mortgagee, we can help you with the following options, in the case of mortgage enforcement:

Power of Sale

Mortgage Foreclosure

Whether you require mortgage enforcement services for a single property or a sizable portfolio, our team of trusted mortgage lawyers will simplify the legal process and present solutions tailored to your needs. We offer a wide range of services that include:

Power of Sale

Filing claims with mortgage insurers;

Negotiating;

Conducting the sale of property.

01 Power of Sale:

Power of sale allows a lender to sell the mortgaged property and recover their investment. It is a clause written into a mortgage note that authorizes the lender to sell the property if the borrower fails to repay the mortgage debt. Here’s how we can help:

We protect the lender’s rights

We suggest what legal actions they can take.

We issue the Notice of Sale.

We help with the sale of property.

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At Brar Tamber, we have an in-depth knowledge of mortgage laws and make sure we keep our clients informed of the latest updates to their case. We support our clients at every step of the mortgage enforcement process. Trust our mortgage lawyers in Brampton for legal actions if your mortgage terms are violated.

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02 Mortgage Foreclosure

Mortgage foreclosure is a legal process that allows lenders to recover the balance of a loan from a borrower on a defaulted loan by taking ownership of and selling the mortgaged property. Our mortgage lawyers can help you by:

Initiating foreclosure proceedings on behalf of lenders;

Handling issues related to the origin of the loan;

Spotting potential liability issues the lender could face;

Providing sound legal advice.

Our experienced mortgage lawyers have handled a wide range of complex mortgage foreclosure cases in Brampton. When you choose our legal services, you can rest assured that we will take care of all legal aspects of the process while protecting your rights.

Why Choose Us

Brar Tamber’s mortgage lawyers have experience dealing with complicated real estate cases. We are proud members of the Canadian Bar Association, the Ontario Trial Lawyers Association, the Law Society of Upper Canada, and the South Asian Bar Association of Toronto.

Our strong negotiation skills mean we can help our clients find a resolution to receive timely payment from the borrower. Our positive approach, professionalism, and ethical services make us one of the most trusted mortgage law firms in Brampton. We guarantee to maintain the confidentiality of your case and provide legal services that make you feel confident. Here’s why you should choose our team.

Fast and effective mortgage enforcement solutions

Vast knowledge and understanding of complex mortgage laws

Comprehensive services, including real estate and corporate laws

Prompt, accurate, and reliable legal information

Brar Tamber is a multi-practice law firm offering innovative solutions and timely results to businesses, families and individuals across Ontario.

Frequently asked questions

Q1. Apart from mortgage law, what are the other areas of your practice?

Apart from mortgage law, we also provide legal services related to personal injury, corporate, and family law. Contact our law firm for more details.

Q2. Can a lawyer act for both lender and borrower?

Yes. It is common in residential real estate transactions for a lawyer to act for both lender and borrower. However, it does not relieve a lawyer from the conflict of interest rules in the applicable Code of Professional Conduct.

Q3. What is included in your legal services related to mortgage enforcement?

Our services include:
Approval of clean-up and repair quotes prior to listing

Correcting title problems

Filing claims with mortgage insurers

Receiving reinstatement/redemption or sale proceeds

Collecting mortgage deficiencies.

Q4. What is a notice of sale?

A notice of sale is a statement sent by the mortgagee to the borrower (who has failed to pay the loan) that the property will be sold at public auction. It generally states the property address and/or legal description and the date, time and location of the foreclosure sale.

How does the litigation process begin in Ontario?

Litigation in Ontario starts with determining the correct court.
For instance, if an individual’s claim is for $35,000 or less then the action needs to begin in small claims court. For claims over $35,000, individuals need to take the matter to the Ontario Superior Court of Justice.
If the plaintiff is claiming $200,000 or less, the claim can be started in the Ontario Superior Court of Justice under the simplified procedure rules. Alternatively, for claims over $200,000, the process starts in the Ontario Superior Court of Justice under the ordinary rules. However, the parties can agree to use the simplified procedure for claims over $200,000.
Your best bet is to speak to a general litigation lawyer in Ontario. They will be able to advise you regarding the jurisdiction of your claim. They will also be able to guide you on whether it’s best to use the simplified procedure or go a different way.

What is the litigation process?

In a nutshell, the litigation process begins when a plaintiff sues another party. In such cases, the defendant either brings in another party or countersuits and/or answers. Both parties then engage in discovery during which there is an exchange of information regarding the matter in question.
Once discovery is complete, either mediation or alternative dispute resolution occurs. The process comes to an end with a trial and, at times, an appeal.
Most litigation ends before they reach the trial process as both parties work to come to an agreement or settlement that resolves the dispute.

Can a lawyer file a complaint without my approval?

Lawyers cannot start a formal litigation process and file a complaint without receiving their client’s implied or express permission. Without their permission, the lawyer may face ethical and legal consequences. While the lawyer knows everything there is to know about the laws surrounding litigations, the claim solely belongs to the client.

What are pleadings?

Pleadings are the legal documents the plaintiff files with the Court. They may contain the parties’ defences, allegations, and the facts surrounding the case and claim. These documents come in handy to describe and scale down the issues that need to be litigated.

What is discovery?

‘Discovery’ refers to the legal process through which the parties involved exchange evidential and accurate information surrounding the case in question. It provides both parties with the ability to attain facts and information while also securing evidence they can use during the trial. Furthermore, it helps simplify the issues that need to be litigated.

What is an interrogatory?

Interrogatories are written questions that are formally served upon a party either during or after the discovery process. During this phase, numerous questions are asked to obtain evidence, information, and facts that will support the party’s legal claims and help them develop a litigation strategy that is in their best interests.

What is a deposition?

During a deposition in general litigation cases, one or more witnesses are questioned under oath about their knowledge of the relevant facts surrounding the case and information about themselves. Similar to the discovery process, depositions enable both parties to secure information and facts that can be used during the trial.
Since depositions typically occur early in litigation, the recollections of witnesses surrounding the event may be more precise. Additionally, if a witness passes away or is unavailable for the trial, their testimony can be used during the trial. This is possible as there are court reporters present who record all testimonies.

What kinds of questions are asked during depositions?

Typically, anything can be asked, even things you may not think are relevant to the case. However, some of the obvious questions you should be prepared for will be related to the incident that resulted in the dispute. Other topics may include your family, medical, educational and criminal history.

If I have filed a suit for monetary compensation and win, how can I ensure I will receive the money owed to me?

Typically, a court clerk will file a judgement against the other party wherein they will state that they owe the other party money and the sum they owe. This can later be used by you to obtain the sum owed or make the other party give property in an equal amount.

What is the limitation period in Ontario?

Generally speaking, the limitation period in Ontario is two years. (This means a lawsuit must be filed within two years of a claim being discovered.)

What is the best thing to do if I am notified that someone is suing me?

If you have been notified that you are being sued, we recommend contacting an experienced lawyer as soon as possible to discuss the specifics of your case.
Generally, once a lawsuit is filed, there are specific procedures and deadlines that need to be followed and maintained. An experienced general litigation lawyer will be able to explain the entire process and advise you on the next best steps. Furthermore, they will draft the necessary documents and ensure your rights are protected.

What is the statement of defence and counterclaim?

If the defendant has a claim against the plaintiff (also known as a ‘counterclaim’), then that is also included in the Statement of Defence.

Is there an alternative to filing a lawsuit?

In some jurisdictions, mediation is mandatory. However, it’s always available to individuals who want to participate in the process. In jurisdictions where it’s mandatory, both parties can meet with a mediator and try to negotiate a settlement. If the result is not positive, the mediator files a report with the court stating that no resolution could be agreed upon. Then, any of the parties can contact the court and schedule a pre-trial or settlement conference where the judge hears the parties’ positions after which they suggest a settlement. This is typically conducted in a private setting.

Can I sue more than one person in a single lawsuit?

Generally, yes. You can sue more than one person if your case involves more than one party. However, it’s best to speak to your litigation lawyer to understand the best course of action.
Also, depending on the situation, typically in cases involving several individuals it’s best to have one lawsuit and add the names of all the potentially responsible parties.
Keep in mind that when you file a lawsuit, all of the parties and claims must be related to the same incident.

Can a lawsuit be filed at any time?

This depends, as many claims have a statute of limitations. This means there are specific timeframes within which the lawsuit must be filed. Upon the expiration of the timeframe, the lawsuit cannot be filed. The timeframe depends on the jurisdiction and type of case. It’s best to contact a lawyer as soon as possible if you think you may have a claim that you want to file.

Can I represent myself?

The legal system is complex. While it might seem less expensive than hiring a lawyer, not hiring one can cost you a lot more.
Depending on the case, there may be various legal theories involved, complex issues of proof, and multiple parties. Moreover, if your case goes to trial, the procedure will require strict compliance with procedural rules, filing deadlines, and motions. For someone without legal knowledge or training, it can become extremely overwhelming fairly quickly.

How long does it take for a case to go to trial?

Every case is different, so it depends upon the type of case you are facing and the other cases that are still pending. While some cases may take only a few months to go to court, others may take years.

How can I collect Housekeeping and Home Maintenance benefits?

you can claim up to $65,000 for these expenses, as long as they are reasonable, necessary, and the expense is incurred within five years from the date of the motor vehicle accident.

In the event that you have sustained a catastrophic impairment as defined by the Statutory Accident Benefits Schedule, the Medical and Rehabilitation Benefit is payable for life or when a total of $1,000,000 has been paid for Medical and Rehabilitation Expenses and Attendant Care Benefits.

What is the difference between litigation, mediation, and arbitration?

Litigation refers to the filing of a lawsuit and may or may not lead to a trial if the matter isn’t settled. Mediation and arbitration are alternatives to litigation.
Mediation is a cooperative process where both parties use a neutral party to come to a satisfactory resolution. Arbitration also involves a neutral third party who listens to both sides and comes to a decision that is satisfactory to both parties.
While arbitration is a binding procedure, mediation isn’t, and there are various costs associated with both.

What happens if mediation is unsuccessful?

If mediation is unsuccessful, both parties must resume their litigation through the court system. There are no penalties if the parties fail to come to a mutual settlement.

Is it better to take the case to trial or mediate it?

It’s best to try to settle the case through mediation before taking it to trial. Keep in mind that during trials, there are no guarantees of a favourable resolution for either party. Plus, trials are expensive, time-consuming and complex to navigate.

What qualifies as a weapon in an assault case?

In the eyes of Canadian courts, many objects can be viewed as a weapon. These include guns, knives, baseball bats, sticks, hammers, rocks, brass knuckles, and tools.

What is the punishment in Canada for assault with a weapon?

Whether you are carrying it or using it to threaten someone, you can be sentenced to a term up to 10 years. First-time offenders may get some leeway when being sentenced while repeat offenders may get a harsher punishment.

What is assault?

Assault is the forcible touching or threat to touch someone without their consent and can include a broad range of varying situations. Charges for assault can be laid after disputes with a neighbour, bar fights, domestic situations, and practically any instance where force is used against someone. Charges for assault in Canada can encompass simple assault, aggravated assault and assault that causes bodily harm.

What is the best defence against a domestic assault charge in Canada?

The best defence is to hire a domestic assault lawyer and to maintain clear records of the facts surrounding the alleged assault. Witnesses typically have a major impact on the outcome of the charge, especially when trying to prove a detail that may be relevant to the case.

Can domestic assault charges be dropped if the other party doesn’t show up in court?

No. The Crown Attorney will subpoena the other party and may issue an arrest warrant if they refuse to come to court. Also, any previous statements made on record will be used during the trial too.

What constitutes criminal harassment?

For an individual to be arrested and convicted of criminal harassment, the Crown prosecutor needs to prove certain factors beyond a reasonable doubt. These are:

That the victim felt harassed.

That the victim’s fear was reasonable within the circumstance or situation.

That the defendant was fully aware that their behaviour or conduct would make the victim feel harassed. Alternatively, they were willfully blind and/or reckless as to whether their conduct would make the complainant feel harassed.

That they took part in prohibited conduct outlined in the Criminal Code. This includes following the victim and trying to or actually communicating with them or someone that knows them directly or indirectly.

That they engaged in behaviour that made the complainant or their family members feel threatened.

That their behaviour made the complainant fear for their safety and well-being along with the safety of those they know and/or are related to.

How are individuals penalized for criminal harassment in Canada?

If you are found guilty of criminal harassment, you may be sentenced up to 10 years. However, if your case proceeds by way of summary conviction, you may face up to 18 months in prison and a $5,000 fine.
Along with time in jail, the defendant may have to follow restrictive ancillary orders. For instance, if you are given a weapons and firearms prohibition, you won’t be able to own or possess firearms or weapons for as long as the order is valid. You will also have to forfeit any weapons or firearms you own or have in your possession.

What behaviours comprise stalking?

Stalking typically includes behaviours used to frighten and control the individual being stalked. It may involve:

Stealing mail or frequently sending letters.

Repeatedly calling the victim’s home, workplace, or cell phone and remaining silent or hanging up.

Sending unwanted presents such as chocolates or flowers.

Live chat harassment, sending electronic viruses, leaving improper messages on guest books or message boards, electronic identity theft and sending unsolicited e-mails.

Tracking or following the victim.

Showing up uninvited to the victim’s home or workplace.

Assault (emotional, physical, sexual).

Holding the person hostage or kidnapping them.

Threatening to harm the victim or their pets, family, friends, et cetera.

Harming the victim’s pets.

Harassing the victim’s family, friends, colleagues or employer.

Vandalizing the victim’s home and/or car.

What is the definition of a threat?

Under section 264.1 of the Criminal Code of Canada, an individual can be charged with uttering a threat if they convey, utter or cause the victim to receive a threat:

To poison, injure or kill an animal that belongs to the accuser.

To destroy, damage or burn personal or real property. (Real property includes land and any buildings on that land.)

To cause bodily harm or death to someone.

What are the consequences of a conviction for uttering a threat?
In Canada, the consequence of being convicted for uttering a threat include:

Probation, fines and possible imprisonment.

Loss of a job.

Being deemed ineligible for various jobs, opportunities, and

Issues with citizenship applications, permanent residence or immigration.

Having to live with a permanent criminal record and social stigma.

Facing the risk of the conviction being reported to the public through the media.

What are the penalties for uttering threats?

If proceeding by indictment, the penalty for uttering threats could be imprisonment for up to five years. If the threat is to an individual’s animal or personal property, the penalty can be imprisonment for up to two years.

How can I defend myself when facing a charge of uttering threats?

When facing charges for uttering threats, don’t enter a guilty plea or give up. There are various valid defences you can use, depending on the unique circumstances of your case. Most of these focus on the person who has allegedly made the threats, their seriousness, and the context of the threats. Your best bet is to obtain legal counsel.

What is considered possession in terms of illegal drugs?

Under Canadian law, the Crown prosecutor needs to prove certain factors before the accused can be found guilty of drug possession. First, they need to prove you were in physical possession of the drug, meaning it was on your body or somewhere you can control or access, such as your car or home. Then, the prosecutor must also prove that you were fully aware that the drug was illegal.

What are the penalties for drug possession?

The Crown prosecutor can choose to proceed either by indictment or summary conviction. This will affect the penalties imposed on the accused if found guilty.
For summary convictions in drug possession cases, the maximum penalty is 6 months in prison and a $1,000 fine for a first offence. For subsequent offences, the maximum penalty is one year in prison and a $2,000 fine.
However, if the accused is found in possession of a small amount of soft drugs such as hashish, ‘magic’ mushrooms or ecstasy (MDMA), they will most likely face penalties ranging between $250 and $500, plus probation. When carrying large amounts, they may face a maximum of 5 years in prison.
When found in possession of more serious drugs such as heroin, cocaine, LSD, opium, and morphine, the Crown will likely ask for a jail sentence, even for a first offence. If convicted by indictment, the individual may face up to 7 years in prison.

What are the current rules for marijuana in Canada?

Marijuana was decriminalized for possession on October 17, 2018. The rules related to the drug are now set out in the Cannabis Act, under which it is legal for those 19 and older to possess up to 30 grams of dried cannabis in public.
The Act forbids distribution of marijuana on a “large scale,” and Section 9(1) of the Act makes it an offence for someone to distribute more than 30 grams of cannabis to another individual. Under the act, individuals can cultivate up to four marijuana plants in their homes. However, it’s still illegal to export and import cannabis.

What should I do if I’m being arrested?

According to the Canadian Charter of Rights and Freedoms, every Canadian has certain rights. They include the right to consult with a lawyer or obtain legal advice from a duty counsel. You also have the right to remain silent, although you must provide your full name, date of birth and residential address.

Is it necessary to hire a lawyer if I have been charged with possession of a small amount of drugs?

If you are being charged with a drug offence, you will be prosecuted by the Crown. If you are found guilty, it will most likely result in you getting a permanent criminal record. However, by hiring a criminal defence lawyer, you have a much better chance of avoiding a permanent criminal record and getting a minimal sentence.

What is the difference between over 80 and impaired driving?

A person can be charged with ‘over 80’ if the results of a blood test or breathalyzer indicate that they consumed more than 80 milligrams of alcohol per 100 millilitres of blood and got behind the wheel. It doesn’t matter if the person appears impaired or not.
Impaired driving doesn’t require the driver to take a breath or blood test. The evidence of impairment is based on other factors. These include whether alcohol or drugs are found in the car and the driver’s inability to successfully pass the sobriety test.

When can someone be charged with driving ‘over 80’?

When the driver of a motor vehicle is found to be driving with more than 80 mg of alcohol for every 100 ml of blood, they can be charged with driving ‘over 80’. This charge is typically laid when the driver provides two breath samples (taken 15 minutes apart) and the lower exceeds the legal limit of 80 mg of alcohol per 100 ml of blood.

What are the consequences of an Over 80 charge?

If an individual is found guilty of driving over 80, the severity of their punishment will depend on whether they are a first-time offender. While a first-time offence doesn’t come with jail time, your punishment will comprise one or all of the following:

Attending a mandatory alcohol education and treatment program.

A $1,000 fine, not including towing charges or other traffic-related fines.

Having an ignition interlock device placed in your car for at least a year.

A suspended driver’s license for at least a year.

For a second offence, these are the additional punishments you should be prepared to face:

Attending a mandatory alcohol treatment and education program again.

A fine determined by the judge.

Having an ignition interlock device in your car for a minimum of three years.

Having your driver’s license suspended for at least three years.

Serving time in prison for a minimum of 30 days.

If there are additional offences, the offender may face more severe penalties, including:

Enrolment in mandatory alcohol treatment and education programs.

A lifelong requirement to have an ignition interlock device on your vehicles.

Additional fines determined by the judge.

Possible suspension of your driver’s license anywhere between 10 years to life.

Serving a minimum of 120 days in prison.

In which way should we take title to the property?

In Ontario there are many ways to own real estate, each with its own benefits and liabilities. When deciding how to take title, it is important to speak with your real estate lawyer to determine which is right for you.

Sole Ownership

Joint Tenancy

Tenancy in Common

Do I need to hire a home inspector?

Unless you are planning to tear down the house in order to build a new one, we always recommend that you hire a home inspector. This can be done either prior to making the offer or as a condition of it. Contact us to discuss which option is best for you.

In terms of condominiums, what are interim occupancy fees?

When you purchase a pre-construction condominium from a developer, there is a period of time between when you take possession of the unit and when you take final ownership. This is known as the ‘occupancy period’ or ‘interim occupancy’. During this period the developer will request that you pay occupancy fees which are also known as ‘phantom rent’.

Do I need home insurance?

When you purchase a property that is not a condominium, home insurance is required. You will have to provide your real estate lawyer with a copy of your home fire insurance binder.
 
In fact, your institutional mortgage lender will not advance the mortgage funds without proof of fire insurance.
When obtaining fire insurance coverage, speak with your insurance agent or broker about any other property insurance needs you may have.
 
If you purchased a condominium, you may also want to arrange for content insurance

Should you sell your house before you buy a new one?

The answer to this question depends on the real estate market, your personal finances, and your comfort level taking risks. Both options have benefits and drawbacks.
 
Contact us to discuss which option may be best for you.

What home information must be disclosed to a potential purchaser?

In Ontario it is not mandatory that sellers provide potential purchasers with a disclosure statement or a Property Seller Information Statement.
Patent vs. Latent Defects
Patent defects are those discoverable on a superficial inspection of the property by an ordinary purchaser.
A seller does not have an obligation to tell a potential purchaser about patent defects. An example of a patent defect might be a crack in the side of the home or a hole in the living room wall.
 
Latent defects are hidden but ought to be discoverable with a home inspection.
 
A seller is not liable for a latent, defect if they had no knowledge of it.
 
A seller does have an obligation to disclose latent defects such as if the property is dangerous or likely to be dangerous or unfit for habitation; for example, if there are mould issues.
 
A seller must also disclose any deficiencies to the purchaser after the agreement has been signed and prior to the closing date.
 
If the property has been stigmatized, (for example, if there has been a murder, suicide, or reports of paranormal activity on the property), the sellers have no obligation to advise potential purchasers.
 
As a purchaser, you have an obligation to ask as many questions as possible and complete due diligence on the property prior to signing the Agreement of Purchase and Sale. If it is not in writing, it does not exist.

I am not a Canadian resident. What happens when I sell my property?

If you are a non-resident of Canada at the time of closing, it is important that you contact our office as soon as possible.
 
You will have to apply for a non-residency clearance certificate through an accountant. This will usually result in 25% of the gross sale price being held (usually by the seller’s lawyer in trust) until the government non-residency clearance certificate has been obtained by the accountant who has filed the appropriate application. This process can take 60-90 days to process and must be submitted within 10 days of closing to avoid penalties.

If I am not a resident of Canada, can I still purchase a residential property in Ontario?

Yes, non-residents can purchase properties in Ontario. The expenses (disbursements) and legal fees surrounding the purchase of a residential property are the same for non-residents as for residents.
 
However, if the non-resident does not work in Canada, meaning they don’t have a Canadian source of income, they will most likely have to pay a significant down payment. Non-residents should also be prepared to pay a land transfer tax; this is typically based on the total selling price.
 
Your real estate lawyer can make deductions of up to $2,000 for a property located in Ontario and up to $3,752 for the Toronto land transfer tax, if applicable, when the purchase is being closed. However, this is applicable only if the buyer is a first-time homebuyer and meets these criteria:

Must be at least 18 years of age

Needs to use the property as their principal property within the first 9 months of completing the purchase

Must never have owned residential property anywhere else in the world

Does not have a partner or spouse who has owned an interest in a residential property after the marriage

What is the land transfer tax?

When purchasing land in Ontario, you have to pay a certain amount of money to the province. This amount is based on the total value of the land or property in question. First-time homebuyers may be eligible for a rebate either for part or the entire land transfer tax paid for the property.

Is it possible to get the deposit back if I change my mind about the property in question?

It is possible. However, if the seller incurs mortgage holding costs, legal fees, or is unable to swiftly re-list and sell the property, there’s a good chance you’ll forfeit the deposit, either in part or in full.
There’s also a chance the other party may sue if there’s a big difference between your offer and the lower one made by the new buyer.

Can I sue the buyer if they back out at the last minute?

While you can, keep in mind that court delays are time-consuming and inevitable and legal fees are costly. Instead, think about keeping their real estate deposit.
However, if you lost money holding the property or are seriously out of pocket, owing to a decline in the market between offers, it’s best to get in touch with a real estate lawyer.

What should I do if I find a better property but have already signed an Agreement of Sale and Purchase?

The Agreement of Sale and Purchase is a legally binding contract and can be enforced by the court. This is why it isn’t a good idea to sign another agreement unless the seller of the first property is willing and agrees to release you, or you are willing and able to purchase both properties.

Who signs the closing documents?

Ideally, every individual who holds the title of the property should sign the closing documents.

Can the buyer and seller have the same lawyer?

While most parties generally have their own lawyer when signing an Agreement of Sale or Purchase in Ontario, it may happen that both parties want to hire the same lawyer. However, the lawyers’ Rules of Professional Conduct generally forbid the same lawyer from representing both parties. Indeed, this is only possible in very limited and special circumstances.
 
On the other hand, it is possible for both parties to hire different lawyers from the same firm, provided that both are aware of and are willing to pay the dual retainer. If a conflict arises between the buyer and seller, both lawyers must withdraw.

Why should I have a real estate lawyer review the contract before signing it?

Any real estate contract that has been prepared by a lawyer, broker, salesperson or real estate agent is a legal document that states the obligations and rights of the buyer and seller. It also establishes the terms of the transaction. This makes it crucial to hire a lawyer to review the contract and make sure everything is in order. They are your best bet to ensure that the clauses have been mentioned and used accurately and that they reflect the terms of the transaction that have been agreed to by both parties. This can go a long way towards protecting the client and ensuring that the transaction is completed smoothly.

Are the property title and deed the same thing?

No. The property title is a document that states your rights related to the land in question. The deed is a legal document that transfers the land rights from the seller to the buyer, or the other way around.

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