AREAS OF PRACTICE

Real Estate Law

Real Estate Law

Estate Law

Corporate Service Law

  • Sale and Purchase of Residential Properties

  • Purchase of Residential Properties

  • Purchase of Residential Condominium Units

  • Sale of Residential Properties

  • Sale of Residential Condominium Unit

  • Sale and Purchase of Commercial Properties

  • Purchase of Commercial Real Estate

  • Sale of Commercial Real Estate

  • Sale and Purchase of Land

  • Charge of Land

  • Power of Sale Proceedings

  • Personal Property Transactions

  • Leases

Sale and Purchase of Residential Properties

 

Purchase of Residential Properties (including recreational property for personal use)

 

  • Reviewing the executed agreement of purchase and sale

  • Investigating title and checking the description, making requisitions on title and on other matters recited in the agreement.

  • Searching for arrears of realty and all other taxes and rates constituting statutory liens

  • Advising on the applicability of HST legislation

  • Searching for executions

  • Reviewing transfer

  • Preparation of one charge given bac to the Vendor, or new charge to an institutional leder

  • Reviewing statement of adjustments and examining survey (if available)

  • Making zoning and building by-law enquiries, searching for work orders, discussing with the purchaser all matters related to title, zoning and statement of adjustments

  • Options for assuring title, including solicitor’s opinion letter and title insurance

  • in rural recreational properties, advising clients with respect to road access, shore road allowance, septic issues, water potability and well issues

  • Attending on execution of documents

  • Attending to the closing

  • Giving opinion on title

 

Purchase of Residential Condominium Units

 

  • Reviewing agreement of purchase and sale and accompanying documents, including reviewing declaration, by-laws, management contract, insurance trust agreement, and all other condominium documentation

  • Investigating title and checking the description

  • Searching for arrears of realty and other taxes and rates constituting statutory liens

  • Advising on the applicability of HST legislation

  • Making zoning and building by-law enquiries

  • Searching for work orders

  • Examining condominium unit plan

  • Making requisitions on title and on other matters recited in the agreement

  • Reviewing transfer

  • Obtaining and reviewing conditional status certificates

  • Obtaining and reviewing statement from condominium corporation as to financial condition

  • Reviewing statement or adjustments

  • Discussing with the purchaser all matters related to title, zoning, condominium registration and adjustments

  • Attending to the closing

  • Attending on execution of documents

  • Advising about common expenses, insurance coverage, boundary limits of condominium unit

  • Giving opinion on title

  • Options for assuring title, including solicitor’s opinion letter and title insurance

 

Sale of Residential Properties (including sale of recreational property)

 

  • Reviewing executed agreement of purchase and sale

  • Preparing transfer

  • Answering requisitions on title

  • Preparing and advising on statement of adjustments

  • Advising on the applicability of HST legislation

  • Reviewing charge taken back (if any)

  • Attending on execution of documentation

  • Attending to the closing and completing the sale

 

Sale of Residential Condominium Unit

 

  • Reviewing executed agreement of purchase and sale

  • Advising on the applicability of HST legislation

  • Supplying copies of the declaration, by-laws, management contract, insurance trust agreement, up-to-date insurance certificate

  • Preparing transfer of title

  • Answering requisitions

  • Preparing statement of adjustments

  • Reviewing charge taken back (if any)

  • Attending on execution of documentation

  • Attending to the closing and completion of the sale

 

Sale and Purchase of Commercial Properties

 

Purchase of Commercial Real Estate

  • Reviewing executed agreement of purchase and sale

  • Investigating title, making requisition on title and on other matters recited in the Agreement

  • Searching for arrears of realty and all other taxes and rates constituting statutory liens

  • Advising on the applicability of HST legislation

  • Searching for executions

  • Reviewing transfer

  • Preparation of one charge given back and/or personal property security agreement

  • Searching under the Personal Property Security Act for registrations

  • Advising client as to leasing or general leasing agreements

  • Reviewing all leases and/or tenancy agreements, service contracts and employment contracts (if any) with respect to the property

  • Reviewing bill of sale (if any)

  • Reviewing statement of adjustments and examining survey (if available)

  • Making zoning and building by-law enquiries

  • Searching for work orders

  • Discussing with the purchaser all matters related to title, zoning and statement of adjustments

  • Attending on execution of documents

  • Attending to the closing

  • Giving opinion on title

  • Enquiries with respect to compliance with Environmental Control Regulations

 

Sale of Commercial Real Estate

  • Reviewing executed agreement of purchase and sale

  • Preparing transfer, bill of sale, assignment of lease and/or tenancy agreement

  • assignment of service contracts

  • Preparing statement of adjustments

  • Advising on the applicability of HST legislation

  • Answering requisitions on title and on other matters recited in the agreement

  • Reviewing charge taken back and/or personal property security agreement (if any) and perfecting security interest

  • Attending the closing and completing the sale

Sale and Purchase of Land

 

  • Assisting in the negotiate the terms of a purchase or sale of a property

  • Drafting agreement of purchase and sale including attendances to take instruction and execution

  • Drafting transfer of land including attendances to take instruction, execution and registration

Charge/Mortage of Land

                                               

  • Preparing the charge

  • Investigating title

  • Searching for arrears of realty and other taxes constituting statutory liens

  • Searching for executions

  • Reviewing survey (if available)

  • Making zoning and building by-law inquiries and searching for work orders

  • Making other governmental inquiries as are usual in the circumstances

  • Discussing with the chargee all matters related to title reporting

  • Giving opinion on title

  • Discussing options for assuring title, including solicitor’s opinion letter and title insurance

 

 

Power of Sale Proceedings

 

  • Taking instructions

  • Attending to issue and serve any documents which might be required as a condition to commence the power of sale proceeding

  • Conducting necessary searches of title and executions

  • Drafting and serving Notice of Sale Under Mortgage

  • Negotiations leading to completion of the sale

  • Drafting declarations of default and service and other supporting material

  • Attending on making declarations and preparing deposits

 

Personal Property Transactions

 

  • Drafting security agreements

  • Conducting all appropriate searches

  • Obtaining corporation status reports and other applicable reports including taxes and/or rates constituting statutory liens

  • Searching for executions

  • Obtaining confirmation with respect to insurance coverage ( if required )

  • Attending to all necessary registrations

  • Reporting

 

Leases       

 

  • Drafting of lease

  • Reviewing and advising on lease

  • Subsearching of title or other searches and services required with respect to the leased premises

  • Drafting ground or commercial leases including negotiations and all other services, amount is to be determined by the time spent, the complexity of the transaction, and the value of the rent described in the agreement to lease

  • Drafting additional provisions with respect to construction terms and specifications included in either an agreement to lease or lease, amount is to be determined by time and complexity of transaction

  • Drafting assignment of lease including attendances to take instruction and execution

© 2020 | Neal H. Roth