REAL ESTATE

 

 

The buying and selling of real estate, especially one's own home, is frequently the largest single purchase in an individual's life.  At any rate, with rare exception, this is a purchase that is only made once or twice by an individual.  From the moment the decision is made to look for a home until the individual moves into a new home there are many considerations.  These include budgeting, necessity of size and location, as well as the esthetics of the home that you desire to own.  Well down the list of considerations is frequently questions about whether or not the seller has the right to sell, whether or not what you are making your offer on is actually what you will get when the paperwork is complete and what will happen if what you think you're buying is in fact not what you're buying or not in the condition that you thought it would be when you signed the purchase papers.  All of these concerns are the issues your lawyer spends his days looking into.  Your lawyer will ensure that the house you think you are buying is the house that the papers say you are buying.  Your lawyer will ensure that the house you are buying is properly located on the lot, and that you will not face an unsettling surprise when you move in and realize that your house was built twenty feet too far on one side of the lot and therefore encroaches on someone else's land.  Your lawyer will ensure that there are no liens that survive the sale of the land, that the seller's mortgage, if there is one, is removed within a reasonable time of your own being applied, that is to say that at the end of the day you have one house with one mortgage at most that your planned on, not one house and two mortgages because the vendor has decided to take the money and run.  Your lawyer will also advise you of your rights to move in even if the money does not transfer on time or land titles is slow with the transfer, or other delays that are not of your making, impact the transfer of monies between yourself and the vendor. Your lawyer can also advise on the prudence of a high ratio mortgage and what a guaranteed mortgage means to you and to the bank.  In those cases, where a sale transaction has occurred without a realtor, and indeed, potentially without a mortgage, it is even more vital that your interests are protect through a lawyer.  Without the involvement of a realtor or a bank or mortgage company, many of the safeguards built in by their due diligence are removed.  It is vital in those situations that someone ensures that the steps that would normally be taken by a realtor such as reviewing the Real Property Report, such as ensuring that the legal address on the document  is in fact the legal address of the property being sold, as well as numerous other precautions have been taken.  Real estate and mortgage fraud are at an all time high in North America.  Neither vendors nor sellers wish to be the victims of such fraud as prevention in this case is worth many times the cost compared to the horrendous cost of the cure, if one can be found.

 

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