LEGAL SERVICES
WE HELP PEOPLE IN SOLVING LEGAL ISSUES
MERGERS & ACQUISITIONS
Whether you are looking to buy or sell a business we have the experience to assist you with your transactions.
COMMERCIAL REAL ESTATE
Drafting and reviews of all legal contracts, lease agreements as well ass all other legal commercial needs.
RESIDENTIAL REAL ESTATE
Beganyi Professional Corporation can help you negotiate your next purchase and sale agreement
Frequently Asked Questions
FAQ’S
What safety measures have you adopted for residential real estate closings in light of COVID-19?
The safety of our staff and clients is our number one priority. We are an entirely virtual firm. The Law Society of Ontario has permitted lawyers to meet with their clients virtually via videoconference, including verifying a client’s identity. All closing documents are signed and reviewed with our clients in their homes’ comfort and safety. If possible, closing funds are wired to the other firm or directly deposited. If you’re purchasing, we work with the seller’s lawyer to ensure that the property’s keys are left in a secured lock-box at the property. The lock-box combination will be made available to you after closing. Our reporting to you after closing is prepared digitally and emailed to you.
When should you hire a real estate lawyer?
Residential real estate lawyers are a vital part of buying or selling a home. You should hire a real estate lawyer involved as early as when you make up your mind to purchase a new home or put your residential property up for sale. This way, they can protect your interests from inception and help you take on a real estate transaction’s challenges.
Is it a good idea to sell and buy on the same day?
While it is possible to sell a property and buy a new one on the same day, our firm does not recommend it. Typically a home sale will not close before 2 p.m. and sometimes not until nearly 5:00 p.m. If you need funds from the sale to finance the purchase, any delays in the sale could delay the closing of your purchase. In the worst-case scenario, you may default on the purchase and lose your deposit. We recommended that your property purchase occur a day or two before the sale. To finance the new property’s purchase before the old one’s sale, you can arrange for a bridge loan. A bridge loan allows you to purchase the new property by obtaining a short-term bank loan against your existing property’s equity. When you sell your existing property, you repay the bridge loan. While there is some small cost in interest and bank fees in using a bridge loan, the peace of mind and the additional security it delivers are often well worth the price.
Do I need a lawyer when buying a property?
Yes. In Ontario, only a lawyer can register title transfer documents. Moreover, a lawyer is there to protect you throughout the transaction. A lawyer will ensure that you understand your rights and obligations and ensure that you receive a good title to the property you are purchasing.
Should I have a lawyer review the Agreement of Purchase and Sale before I sign it?
Absolutely. An offer to purchase is a legal contract that becomes binding on both the buyer and the seller once signed. You need to understand what you are signing. A lawyer can assist you with explaining your rights and obligations to you. A lawyer can also suggest changes to the contract that will protect you, help you avoid difficulties, and ensure that your interest is protected.
What is the minimum down payment I need to have to buy my first residential property?
To obtain a mortgage, you need to have at least a 5% down payment available to purchase your property. A “down payment” is the amount of your own money you put towards buying a property. However, if you have less than 20% saved, the mortgage is considered a high ratio mortgage. It will need to be insured by the Canada Mortgage and Housing Corporation (CMHC) for a bank to lend you money for the purchase. If you do not have at least 5% of the down-payment available, you cannot obtain a mortgage from a regular lender as the mortgage will not be insured by CMHC.
What does it mean when two or more people hold title to a property as tenants-in-common?
Two or more people may own property as tenants-in-common. In such an instance, each owner has a divided percentage interest in the property ownership. The ownership interest held by each owner does not have to be equal. When parties hold the title as tenants-in-common, a right of survivorship does not exist. On the owner’s death, the deceased ownership share forms part of the deceased’s estate.
As a buyer, can I assign my purchase and sale agreement to another person?
Unless the purchase and sale agreement provides to the contrary, a buyer may assign the Agreement to another person without the seller’s consent.
What does it mean when two or more people hold title to a property as joint tenants?
It is quite common for two or more people to hold title to a property as joint tenants. In law, a joint tenancy is a form of ownership where two or more people owning a property together have an equal and undivided right to keep or dispose of the property. When joint tenants own a property, the interest of a deceased owner gets transferred to the remaining surviving owners by the right of survivorship. For example, if three joint tenants own a property and one of them dies, the two remaining tenants will obtain and hold a one-half share of the property.
What is title insurance?
Title insurance is a product that protects your (or a lender’s) ownership interest in a property against losses incurred as a result of undetected or unknown defects. For example, a title insurance may protect you if you discover, after closing, that a part of your garden shed encroaches onto your neighbours property and your neighbour is now demanding that the shed be removed. A policy may also provide coverage for certain other off-title risks, such as real property tax arrears. However, it is important to know that the risks must exist as of the policy date and be unknown to you. If the risks arises after the policy date or the insurer determines you were aware of the risk prior to the policy date, the insurer will likely deny coverage.
The property description dimensions are qualified with the term “more or less”. What does this mean?
The courts have considered the term “more or less” on several occasions. Generally, the term is meant to protect the seller from a minor discrepancy in the property’s dimensions but will not protect the seller from a substantial discrepancy or outright fraud. In such instances, the buyer may be able to terminate the transaction.
If you’re the buyer and are relying on the dimensions to be accurate, you may want to delete the term “more or less” to require the seller to provide a precise measurement of the property.
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