Sarnia Real Estate Lawyer

Whether you are buying or selling property, Ontario law dictates that a real estate lawyer must help with the transaction. This is because legal jargon can be complicated, and it is important to make sure that every party’s rights are represented. A lawyer may be able to help make sure you understand the documents you are signing, as well as assisting in any fee negotiations that arise. They may also help you with mortgage arrangements, and possible issues that may arise right through your closing day.

From detached homes to condos, townhouses and semi-detached homes, every real estate transaction is unique. To see how our Sarnia real estate lawyers may be able to help, contact us today.

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

Our Sarnia real estate lawyers may be able to help you with almost every legal aspect of a real estate transaction. This may include:

• Coordinating with your real estate agent
• Ensuring the accuracy of your contract
• Helping to negotiate your fees, terms and conditions
• Organizing your Agreement of Purchase and Sale
• Conducting title and off-title searches (eg. zoning laws, records of building inspections, etc.)
• Coordinating all legal documents involved
• Where applicable, advising you on acquiring title insurance
• Offering advice with respect to any arising issues
• Coordinating with your bank/lender to help prepare your mortgage
• Coordinating with the other party’s lawyer on the specifics of title transfer
• Communicating financial specifics to you (including estimated final dollar amount)
• Assisting with closing day, with the transfer of funds, and Statement of Adjustments
• And more

The purchase or sale of residential property can involve many steps, and a lawyer may be vital to making sure it all runs smoothly, with your interests represented. If you’d like an overview of how this process might go, you can read more on what to expect when purchasing a home. 

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

Real estate transactions include the purchase and sale of property, but they can also involve matters of leasing, expropriation, non-profit housing, and more. Here is an overview areas in which our Sarnia real estate lawyers may be able to help you:

Residential Real Estate

As exemplified above, there are many actions involved in a purchase or sale of a residential property. There are also many types of residential real estate: detached houses, semi-detached houses, condominiums, apartments in multi-unit residential complexes, townhouses, and more. Moreover, the goals of a real estate purchase can vary: some buyers intend to move into their new property as a primary residence, while others intend to lease it out to tenants as an investment property. Whatever your specific needs, our Sarnia real estate lawyers understand that every client is unique, and each property transaction carries its own set of requirements. 

Not only may we be able to help through your property sale or purchase, we may also be able to assist in matters concerning leases. 

Residential Tenancies

With a record of advocating for the legal interests of landlords and property managers, our Sarnia real estate lawyers and paralegals may be able to help you in matters concerning landlord and tenant relations. From general legal advice to assistance in eviction matters, here is an overview of issues with which we may be able to assist:

• Arrears and applications for eviction
• Matters involving the Landlord and Tenant Board
• General consultation
• Eviction order enforcement
• Rent Arrears Order enforcement
• Applications and Notices concerning noise and disturbance issues, as well as impaired safety issues
• Property damage, demolition, and similar matters
• Obtainment and reports on Arrears Judgments and Eviction Orders
• Advocacy and Collections in Small Claims Court, including garnishments
• And more

Contact us with any questions, and to see if we may be able to help with your specific case.

Non-Profit Housing Corporations

Non-profit housing corporations, as well as co-operatives, are organizations that provide housing for households with low to moderate incomes. They often offer subsidized rent, geared to a percentage of a household’s income. Because this form of housing organization interacts with government bodies, there can be many regulations to navigate. 

A non-profit housing corporation is typically run by a volunteer board, who may themselves be residents of the building or community. The board is typically responsible for making decisions that may affect their neighbours, including managing potential staff hired in the collective’s interests, and the management of occupancy terminations. 

Our Sarnia real estate lawyers at Cohen Highley LLP understand the unique challenges of running a board in non-profit housing corporations. We may be able to help you with a number of issues, including drafting or amending documents such as bylaws, assisting with appeals on property tax assessments, or advising on members’ meetings and more.

Commercial Tenancies

Issues between tenants and landlords can arise in commercial contexts just as much as their residential counterparts, and our Sarnia real estate lawyers may be able to advocate for either side. Here are some areas in which we may be able to help:

• Resolving arrears for rent, including levying distress by a landlord against a tenant’s goods
• Pursuing tenants for fraudulent removal of goods
• Lease termination and any related legal proceedings
• Injunctive relief for tenants, in connection with lease forfeiture
• Dispute resolution in questions of defining additional rent recoverable
• Bankruptcy proceedings, including dealing with trustees, and the filing of proposals
• Sublet and lease reassignment disputes
• Conflicts that may arise regarding the terms and conditions of a lease
• And more

Land Leasing

A land lease in Ontario is a kind of leasing agreement in which tenants can own the home they live in, but not the land on which it stands. Homeowners pay rent to the land owner, who in turn may be responsible for maintaining facilities and services for the tenants’ common use. This can be an affordable way to own housing, from detached to mobile home communities. Land leases can also cover tenancies for recreational purposes, such as campgrounds.

Owning and managing land comes with its own unique set of challenges and responsibilities. Maintenance and development, including water management and infrastructure upgrades, can rack up substantial costs. There can be issues surrounding municipal zoning laws, and with tenancy agreements. We have experience working with a range of issues that may face landlords in land lease and mobile home tenancies so contact us today for legal assistance in these matters.

Expropriation Law

There are times when the Crown – that is, government entities – can take private land away from property owners without their consent. This is called expropriation, and it is governed by the Expropriation Act in Canada. The Act is intended for situations where land is required for public purposes (eg. to build schools, roads, railway tracks, etc.).

This is a complicated piece of legislation that holds numerous rules and exceptions. Our Sarnia real estate lawyers at Cohen Highley LLP have experience with matters of expropriation law, having taken appeals to the Courts, as well as appearing before the Ontario Municipal Board and at Hearings of Necessity. 

We may be able to help either side: government ministries and municipalities enacting an expropriation, or landowners whose land is being expropriated. From the beginnings of planning an expropriation procedure, through negotiations and settlements, to possible suits for damages incurred, contact our real estate team for legal assistance today.

Contact Our Sarnia Real Estate Lawyers Today For a Consultation

Buying or selling real estate requires the services of a licensed lawyer, under Ontario law. But it can be a good idea to have a lawyer’s help in many different areas of real estate transactions. Residential and commercial tenancies, land leases and mobile home tenancies, the complicated framework of expropriation law – all of these issues, and more, can benefit from clear and concise legal guidance. At Cohen Highley LLP, our Sarnia real estate lawyers may be able address your specific needs – call our Sarnia office today to see how we might help.