Real Estate Law
Our Real Estate Law Practice includes:
- Residential & Commercial Purchases & Sales
- Refinancing, Mortgages & Vendor Take Back
- Private Purchase and Sale by owner(s)
- Private Mortgages - Second/Third Mortgages
- Construction Mortgages and Contracts
- Residential & Commercial Leasing
- Transfer of Titles
- Power of Sale
- Non Resident - Real Estate Taxation Matters
- Independent Legal Advice
It is very important to know in advance how much money you will actually receive from the sale of a property and how much you will need for your purchase. At Catherine A. Egboye Law Office we calculate these costs for you and provide you with an estimate of the total amounts required for you to close your transaction.
There are several costs incurred on all real estate transactions referred to as DISBURSEMENTS. These disbursement fees are payments made to third parties by your lawyer on your behalf during the transaction. These are unavoidable and necessary charges that are considered part of the home buying process. For example courier cost, search costs, execution certificate costs, software transaction charges, Law Society's transaction levy surcharge, registration of mortgage, registration of deed, Title Insurance and so on. These costs are flat rates which are not discounted by the Third Party Corporation. Lawyers have no way to reduce these fees at all.
For a resale home, in addition to the purchase price, Buyers are required to pay to the Seller certain expenses which have prepaid on behalf of the Buyer. The expenses are pro-rated and a credit is given to the Seller as an adjustment on closing. These expenses include amounts for realty taxes, water, hydro, prepaid condominium fees (if the property purchased is a condominium) and fuel oil (if property has an oil furnace). Our law office will not be made aware of the actual amounts until before closing, at which time we will calculate the amount required from you for the balance due on closing, legal fees and disbursements and Land Transfer Tax.
For a new home purchased from a Builder the closing adjustments are greater than that of a resale home since adjustments (when buying from a Builder) can include hydro and water meter installation costs, Tarion New Home Warranty Enrolment Fee, boulevard tree planting, driveway paving, grading deposit, gas water heater, educational lot levy, municipally required fencing (if needed) and many other items which are not normally adjusted when buying a resale property.
Land Transfer Tax
One of the largest additional expenses when purchasing a property in Ontario is the provincial Land Transfer Tax. Land Transfer Tax is a provincial tax on real estate purchases, which is paid by Buyers. There is no Land Transfer Tax payable by the Seller. HST is not payable on Land Transfer Tax or mortgage insurance fees.
Land Transfer Tax Rebates
First-time homebuyers may be eligible for a Land Transfer Tax rebate on purchases of newly built homes as well as re-sale homes up to a maximum of $2,000.00.