Chatham Real Estate Lawyer

Buying or selling property in Chatham? Whether it is a house or condo, residential or commercial, Ontario law requires the help of a real estate lawyer when buying a home or other property. The legal jargon of an Agreement of Purchase and Sale can be confusing, as can the complexities of fee negotiations, and the process of closing. Our Chatham real estate lawyers may be able to help you through purchases and sales, mortgages and leases alike. Contact us today to see if we can help.

How Can A Chatham Real Estate Lawyer Assist With My Real Estate Transaction?

Our Chatham real estate lawyers may be able to assist with almost all legal aspects of your real estate transaction, including but not limited to: 

  • Communicating with your real estate agent
  • Making sure your contract is in order
  • Negotiating fees, terms and conditions on your behalf
  • Coordinating and executing the terms of the Agreement of Purchase and Sale
  • Title and off-title searches (looking into building inspections, zoning laws, taxes, and so on)
  • Handling all legal documents involved in the real estate transaction
  • Advising on title insurance, if applicable
  • Advising on issues that may arise in the process
  • Communicating with your bank or lender about preparing your mortgage
  • Communicating with the other party’s lawyer about how the title will be exchanged
  • Providing you with an estimated dollar amount required to close the transaction
  • Reviewing all of the closing documentation with you
  • Facilitating the transfer of funds on closing day and completing a Statement of Adjustments (a final overview of the real estate transaction)
  • Helping with the exchange of keys
  • Handling issues that may arise with closing
  • And more

As you can see, there are many moving parts to the sale or purchase of property, and a lawyer may be able to help make sure you fully understand what you may be signing. Whether you are selling or buying, our Chatham real estate lawyers might help make sure the exchange goes smoothly. Read more on what to expect when purchasing a new home.

Types of Real Estate Transactions Handled by Real Estate Lawyers at Cohen Highley LLP

Residential Real Estate 

We understand the unique needs and challenges that come with the purchase and sale of a residential property. Some may be buying a primary residence; others, an investment property to lease to tenants. From detached or semi-detached houses to townhouses, condos, or apartments in multi-unit residential complexes, our Chatham real estate lawyers may be able to help you through either side of a sale, as well as mortgaging and leasing matters. 

Expropriation Law

Though the parties in most real estate transactions aim for a mutually beneficial agreement, there are times when property is taken from a land owner without their consent. Covered by the Expropriation Act, private land in Canada can be “taken by the Crown,” (i.e., government entities) for public interest. 

This can be a complicated matter, subject to numerous rules and exceptions, and real estate lawyers at Cohen Highley LLP may be able to help either side in matters related to expropriation law

With a commitment to local Southwestern Ontario concerns and experience representing clients before the Ontario Municipal Board, our Chatham real estate lawyers may be able to help a municipality or government ministry through the process, including project planning, negotiations and settlements with land owners, and strategies for any issues that may arise throughout the process. 

Likewise, we may be able to help landowners by helping to negotiate and secure any compensation for expropriate land, including damages and business loss. If issues surrounding a settlement arise, we may be able to represent you in hearings before the Ontario Municipal Board and the Courts.

Landlord and Tenant Relations

If you rent your residential property to tenants, you may encounter issues surrounding landlord and tenant relations. Conflicts can emerge surrounding rent arrears, property damage, evictions, and more. With more than 30 years experience representing residential landlords and property managers, our Chatham real estate lawyers and paralegals may be able to help you with standard evictions, as well as Landlord and Tenant Board proceedings, and in Small Claims Court.

Non-Profit Housing Corporations

A non-profit housing corporation or co-operative is an organization whose purpose is to offer affordable housing for low to moderate income households. This can mean rent-geared-to-income subsidies, where rent may be set to a percentage of a household’s total monthly income, instead of a consistent dollar amount. Non-profit housing corporations are typically run by a board of volunteers who make decisions on matters including occupancy terminations, and the overall enforcement of the residents’ collective rights. Often, the volunteer board are also residents of the building, meaning they live alongside neighbours affected by their decisions.

At Cohen Highley LLP, our Chatham real estate lawyers understand the complex nature of the board-and-tenant relationship, and may be able to assist the boards of non-profit housing corporations with members’ meetings, drafts or amendments to by-laws and other documents, property tax assessment appeals, applications before the Superior Court of Justice, and responses to Human Rights Complaints. 

Commercial Tenancies

Just like issues in residential tenancies, landlords and tenants may encounter conflict in commercial tenancies. Our team of Chatham real estate lawyers might be able to offer representation to either side. Cohen Highley LLP has experience helping clients resolve arrears, terminate leases, obtain injunctive relief for tenants, help with bankruptcy matters, resolve sublet disputes, and more. 

Leasing Land

With a team of lawyers, licensed paralegals, and rent control consultants, Cohen Highley LLP represents the rights of landlords in matters surrounding land lease and mobile home tenancies, as well as campgrounds. From water and sewage regulations to municipal zoning approval and remedies under the Residential Tenancies Act, our Chatham real estate lawyers offer a range of services to help achieve positive results. In the event an issue escalates to a lawsuit, we have experience with proceedings before the Superior Court, the Landlord Tenant Board, as well as corresponding appellate courts.

The costs of development and maintenance on land property can become substantial, potentially involving upgrades to infrastructure, sewage control, and water testing. With a commitment to efficiency and creative problem solving, our Chatham real estate lawyers carry a track record of precedent-setting decisions before courts and Housing Tribunals. We have helped clients ranging from major corporations to “mom and pop” proprietors through a variety of issues surrounding tenancies on their land.

Contact Our Chatham Real Estate Lawyers Today For a Consultation

Whether you are buying or selling property, Ontario law requires you to engage the services of a lawyer. The real estate law team at Cohen Highley LLP would be pleased to help you with real estate transactions surrounding detached homes, condominiums, commercial property, land, and more. We may also be able to offer support in matters of mortgages and leasing, as well as issues surrounding expropriation of land and non-profit housing corporations. 

Looking for legal help with your real estate transaction? The team Cohen Highley LLP would be pleased to help. Ask your real estate agent to forward our Chatham office a copy of your sale/purchase agreement today.

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