Kitchener Real Estate Lawyer

When you’re buying or selling real estate in Kitchener, you are required by law to hire a real estate lawyer. It is in your best interests: a real estate lawyer might be instrumental in helping make sure you understand all the clauses in your agreement, and that the process from offer to closing day runs smoothly. 

At Cohen Highley LLP, we understand that every client’s needs are unique, and each property comes with its own demands and challenges. Properties themselves vary in size and type, from detached homes and townhouses to units in condominiums. For details on how our Kitchener real estate lawyers might be able to help you, contact us today.

How Can A Kitchener Real Estate Lawyer Assist With My Real Estate Purchase or Sale?

Whether you are the buyer or purchaser of real estate, there are many things to keep track of through the transaction. Our Kitchener real estate lawyers might be able to help in the following ways:

  • Communicating with your real estate agent
  • Communicating with the other party’s real estate lawyer
  • Organizing your contracts
  • Making sure all your legal documents are in order
  • Helping with fee negotiations
  • Clarifying the terms and conditions of your Agreement of Purchase and Sale
  • Performing title and off-title searches
  • Advising you regarding title insurance
  • Helping with your mortgage arrangements
  • Arranging for your title transfer
  • Keeping you updated on estimated final dollar amounts
  • Arranging the transfer of keys
  • Arranging the transfer of funds
  • Organizing the Statement of Adjustments
  • And more

The purchase or sale of real estate property comes with many specific requirements that can hinge on the work of a real estate lawyer. Our team would be pleased to see how we might be of service to you. Contact our Kitchener office today.

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

The practice area of real estate covers a wide range of transactions, including but not limited to the purchase and sale of residential property, residential and commercial tenancies, land leases, and expropriation law. Read on to learn more about how our Kitchener real estate lawyers might be able to help you.

Residential Real Estate

Defined as a structure intended for private occupancy, residential real estate refers to a place in which someone is living, either temporarily or permanently. This can include detached or semi-detached houses, row houses, apartments in condominiums or multi-unit residential complexes, and even mobile homes.

Likewise, the intention behind a given real estate purchase might vary. Some people buy property for themselves as a primary residence, while others plan to rent the property out to tenants as an investment. At Cohen Highley LLP, we understand that each residence is unique, as are the interests of buyers and sellers. Contact us today to see how we might be able to help in your specific case.

Residential Tenancies

If you are a residential property investor and are renting to tenants, you might encounter the unique challenges of landlord and tenant relations. From navigating issues of noise complaints and property damage to the process of filing for and enforcing an eviction, our Kitchener real estate lawyers have over 30 years of experience representing the legal rights of landlords and property managers.

While it is hoped that every issue is settled amicably, sometimes conflicts escalate and need to be settled with external mediation. If this arises, you may need the assistance of a real estate lawyer to represent you before the Landlord and Tenant Board, in Small Claims Court, or more. Contact us today to see how our Kitchener real estate lawyers might be able to help you.

Non-Profit Housing Corporations

For low to medium income households, there is an affordable housing option in the form of non-profit housing corporations or cooperatives. These are organizations that offer rent-geared-to-income programs, meaning households pay a percentage of their monthly income in rent, instead of a set fee. 

The people responsible for the day-to-day operations of non-profit housing corporations are usually volunteer boards, often residents of the building or community themselves. They might be responsible for hiring and managing maintenance staff, as well as making decisions about occupancy agreements. Unfortunately, sometimes this might mean enforcing an eviction, which might cause tensions between the board and their affected neighbours. 

Whether navigating Human Rights Complaints, applications before the Superior Court of Justice, or any range of matters, our team of Kitchener real estate lawyers may be able to help the boards of non-profit housing corporations. Book a consultation with our team today to see how we might be of service.

Commercial Tenancies

Just as with residential tenancies, there can be issues surrounding landlord and tenant relations in a commercial tenancy. Depending on the business nature of the commercial tenant, there may be additional concerns related to material goods and matters of bankruptcy. At Cohen Highley LLP, our Kitchener real estate lawyers might be able to help either landlords or tenants in a commercial tenancy in some of the following areas:

  • Lease terms and conditions
  • Sublets
  • Lease reassignments
  • Arrears
  • Rent recoverable
  • Levying of distress
  • Fraudulent removal of goods
  • Lease forfeiture
  • Bankruptcy
  • Injunctive relief
  • Legal proceedings
  • And more

Just as each property is unique, so are the issues concerning each tenancy. Contact us to see how our Kitchener real estate lawyers might be able to help.

Land Leasing

In Canada, one option to make home ownership more affordable is to enter a land lease agreement. This means renting a piece of land from a landowner, on which to purchase, build – or, in the case of mobile homes, park – your place of residence. Often this means people own the house in which they live, but not the land on which it stands. Examples include residential land lease communities and mobile home communities. Land leases can also cover land intended for recreational purposes, such as campgrounds.

The landowners in a land lease matter have their own unique set of responsibilities, often including the maintenance of roads, water pipes, and sewage systems. All of this, of course, comes with costs, which might drive up rental prices, which might cause tensions with tenants. Likewise, there may be challenges concerning issues of zoning laws with municipal governments. Whatever the matter, our team of paralegals, rent control consultants and real estate lawyers at Cohen Highley LLP might be able to be of service to a range of issues surrounding land lease and mobile home tenancies.

Expropriation Law

There is a piece of legislation in Canada known as the Expropriation Act under which the government can take possession of private land without the landowner’s consent, with the intention to use that land for public purposes. This might mean building roads or railways, or making room for a public school. There are numerous exceptions to the Act, as well as regulations as to how it must be planned and enforced. Often, the government offers a financial settlement to the private landowner to help compensate for the expropriation.

Our Kitchener real estate lawyers might be able to help through any number of issues concerning expropriation law, whether you are a government entity or private landowner.

For government entity, we might be able to:

  • Help you plan and execute the expropriation process
  • Help conduct your settlement negotiations
  • Strategize on how to save your costs
  • Represent you before the Ontario Municipal Board and/or the Courts

For a private landowner, we might be able to:

  • Help you in your settlement negotiations
  • Strategize how to maximize your settlement
  • Represent you before the Ontario Municipal Board and/or the Courts

Contact Our Kitchener Real Estate Lawyers Today For a Consultation

From the purchase or sale of residential real estate to issues that surround landlord and tenant relations, as well as the nuanced navigation of expropriation law, our Kitchener real estate lawyers would be pleased to see if we might be of service in your specific case. Call our Kitchener office and book a consultation today.

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