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From real estate deals to corporate contracts and wills — we've got your back with clear, no-nonsense legal advice.
Good news for first-time home buyers! On May 27, 2025, legislative proposals were introduced in the Parliament to amend the Excise Tax Act by creating a new GST rebate specifically for first-time home buyers.
Purchasing a condominium in Ontario demands more than selecting the right unit! One of the most important aspects of this transaction is a thorough review of the status certificate.
As part of a commercial real estate sale transaction, our office often gets retained during the early part of the transaction in order to review the Agreement of Purchase and Sale (the “APS”).
Following in the footsteps of the Act (Prohibition on the Purchase of Residential Property by Non-Canadians Act) and the accompanying Regulations, the Amendments to the Regulations took all of us by surprise when they were introduced on March 27, 2023.
Foreign buyers of residential property in Toronto now face yet another tax to consider.
Our law firm has a large presence in the vast “cottage country” in Ontario. For decades we have been actively retained for the purchase, sale and refinance of cottage properties all over the Province. As such we have a deep-rooted understanding about the uniqueness of cottage properties both from a lifestyle point of view and from a transactional point of view.
Many business owners are eager to start a new venture and part of that process often involves leasing a space from which to conduct their business (the “Premises”). Sometimes an offer to lease for the Premises will be negotiated for the general terms of a future lease for the Premises...
We often get asked by Buyers and Real Estate Agents whether it is preferable to have a Survey or Title Insurance for a residential real estate transaction.
Back in the old days, most families had what they called “their lawyer”. That’s right. We called them the family lawyer. Not because they practiced family law (although some did I’m sure), but because of the relationship each family had with their lawyer.
When someone close to you passes, in addition to the emotional trauma—there is the added responsibility of dealing with the deceased’s financial affairs
Canada’s housing affordability and access have emerged as defining social and economic issues, consistently topping national opinion polls. In the most recent federal election, housing dominated campaign debates—underscoring the financial strain on households and the urgent need for reform.
In previous blog posts, we provided an introduction into some keys points that you need to consider when entering into a commercial lease as a tenant:
As a law firm acting on new construction residential transactions we hear that plea for help from our clients all too often.
The equity of redemption is a foundational principle in mortgage law that protects the rights of borrowers i.e. the registered owners/mortgagors—by allowing them to retain ownership of the property upon repayment of their mortgage debt.
Following the footsteps of the City of Toronto, Hamilton has introduced its own vacancy tax. The City of Hamilton’s new Vacant Unit Tax is now in effect. Originally set to launch a year ago, the tax was delayed when the council unexpectedly struck down the bylaw in late 2023. It was later revived, passed in 2024, and scheduled to take effect in 2025.
Our very own Jonathan Hacohen (The Chosen Lawyer) was a featured speaker recently at the Ontario Bar Institute at a program titled “Level-Up: Elevate Your Career”. As part of the keynote address, Jonathan spoke with his lawyer audience on “Digital Detox: How to Reduce Overload!”
In previous blog posts, we provided an introduction into some keys points that you need to consider when entering into a commercial lease as a tenant:
A Vendor Take-Back Mortgage (VTB) is an alternative financing solution where the seller accepts part or all of the purchase price consideration in the form of a mortgage from the buyer registered against title to the property being purchased. In a VTB, the seller acts as the lender, allowing the buyer to make payments directly to the seller.
In a previous blog post, we provided an introduction into some keys points that you need to consider when entering into a commercial lease as a tenant. In this blog post, we will go into a bit more detail about some of those items.
Under Ontario’s Succession Law Reform Act (SLRA), a preferential share serves as a statutory entitlement that safeguards the financial interests of a surviving spouse...
In the volatile residential real estate market conditions in Ontario during the past year or so the forfeiture of deposits has become a crucial issue often encountered during transactions when one party (more often the Buyer) fails to fulfill its obligations under an Agreement of Purchase and Sale (APS).
For homebuyers in Ontario, mortgage rates are a key factor in shaping purchasing power, affordability, and the ability to navigate the real estate market successfully. As real estate lawyers at Kormans LLP, we understand how these rates impact both legal considerations and financial commitments. Our goal is to help you grasp the complexities of mortgage rates and their implications, enabling you to make informed and confident decisions on your homebuying journey.
A reverse mortgage, also known as a CHIP (Canadian Home Income Plan) mortgage in Canada, is a financial solution for homeowners aged 55 and older.
The holiday season is here, and 2024 is drawing to a close! While this time of year often means vacations, family gatherings, and festive cheer, it can also coincide with major life events—like moving into a new home.
Understanding the distinction between chattels and fixtures is essential in any real estate transaction to ensure a seamless purchase and avoid post-closing complications. Chattels, being movable personal property, typically appliances, furniture, and decorations, are not automatically included in the sale unless specifically listed in the Agreement of Purchase and Sale. They differ from fixtures, which are permanently affixed to the property, such as built-in cabinetry, light fixtures, and HVAC systems, and are presumed to be part of the real estate unless explicitly excluded in the APS.
Managing a loved one’s estate after their passing can be a daunting and emotionally challenging experience, particularly when no will has been left behind to provide clear guidance.
You may have started a business recently and are now looking for a location from which you will operate said business.
Since the introduction of the Trust in Real Estate Services Act (TRESA) and increasing discussions around self-represented parties, we’ve seen a rise in queries from real estate brokerages and agents.
One of the most common questions we receive from clients is how easements affect their land title and what rights utility companies have to inspect their property.
Ontario Landlords! Are you ready to rent out your property? Here’s what you need to know first.
A survey is an essential document in real estate transactions that provides precise information about the boundaries and features of a property.
Effective August 1, 2024, new mortgage rules will allow First Time Home Buyers to opt for up to a 30-year amortization period for high ratio mortgages.
Let us explore one of the most common forms of property ownership in Ontario real estate law: Joint Tenancy.
Let us explore one of the most common forms of property ownership in Ontario real estate law: Joint Tenancy.
Discussing key points with your mortgage broker or lender before signing can give you a significant advantage in the ever-changing residential mortgage market.
As lawyers we are part of the estate planning process that assists in securing the financial future of clients and their relatives with disabilities while ensuring their eligibility for provincial government benefits.
Homeowner Protection Act, 2024 (HPA) came into force in Ontario on June 6, 2024.
As wills/estates lawyers practicing in Ontario, we understand the evolving needs of our clients and the importance of cultural competence in meeting those needs.
When organizing your estate affairs, we recommend to all our clients to seek professional advice from a certified insurance advisor, accountant, and financial planner, in addition to a wills & estates lawyer.
Purchasing real estate property in Ontario is often considered an investment of a lifetime, given its high stakes and hefty price tag.
One of the most inquired aspects in the domain of estate planning and testamentary dispositions is about the validity of a will and its storage.
The Government of Canada recently announced its intention to explore the concept of offering Halal/Islamic Mortgages as part of its budgetary plans.
The “2024 Ontario Budget: Building a Better Ontario” announced changes to the Non-Resident Speculation Tax (NRST), which are effective March 27, 2024.
A proposed settlement agreement has been reached with respect to a class-action lawsuit that was filed in the Missouri federal court by a group of home sellers against the National Association of Realtors (NAR) and other defendants.
In a previous blog post, we looked at the details for the eligibility of the HST Rebate on a pre-construction purchase in Ontario.
Enjoy the immersive experience featuring narration by author Jonathan A. Hacohen and original music produced by Ron Lopata!
Expanding your business beyond the borders of your home province can be an exciting endeavor, presenting opportunities for growth and expansion.
Two levels of government have introduced legislation with respect to the beneficial ownership of privately-held corporations.
The real estate industry faced significant challenges last year. As we enter 2024, there's hope for a better year ahead.
It's time to quit sleepwalking through life, be the greatest version of yourself with purpose, and live the life you truly imagine.
A common task an estate trustee should consider when preparing for the distribution of an estate with a Will, is the probate process. This blog post aims to provide a refresher on the probate process.
Usually, the purchase price in a new construction residential Agreement of Purchase and Sale is inclusive of HST less the amount of the HST Rebate which the Builder has already taken off the purchase price up front.
Over the years I have been fortunate to be a speaker and/or panelist on so many in-person conferences, seminars, and on-online webinars. I am always excited for the opportunity to impart my legal knowledge and expertise to an audience that usually consists of realtors, brokers, and consumers.
In September 2023, the City Council of Toronto approved imposing a “Luxury Land Transfer Tax,” starting January 1, 2024. In addition to other revenue methods, such as removing the cap on $5/hour street parking and requesting the provincial government to implement a municipal sales tax or receive a cut from the existing HST, the City mentioned that the new Land Transfer Tax provisions will help alleviate the City’s existing financial difficulties.
It’s finally here! Jonathan A. Hacohen is thrilled to announce the launch of his first book.
In the constantly evolving Ontario real estate market, buyers and sellers continue to come-up with creative ways to finalize their Agreements of Purchase and Sale.
We were recently asked to do a seminar for a real estate brokerage to discuss the fact that parents often provide financial assistance to their adult children when they purchase a home. The question becomes whether it is possible to protect parents’ investments on their children’s property. The real question is whether the funds from the parents were in fact an investment. In other words, was the financial assistance a gift or a loan?
Prior to entering into a residential lease in Ontario, landlords and tenants alike should apprise themselves of their rights and obligations under the Residential Tenancies Act (RTA). The laws and regulations regarding residential leasing can be complex and nuanced, therefore landlords and tenants may wish to consult a legal advisor for assistance.
With the ever-rising interest rates on commercial mortgages that institutional lenders are providing in the current lending market, many commercial borrowers, including those looking to borrow via a corporation have no choice but to turn to private mortgages as their means for obtaining financing.
The time is nearing when the Real Estate and Business Brokers Act, 2022 (REBBA) will transform into Trust in Real Estate Services Act, 2002 (TRESA). The Government of Ontario informed that the Phase 2 of regulatory changes introduced under the new legislation will come into force on December 1, 2023.
When it comes to purchasing a cottage property in the province of Ontario, there are numerous factors to consider. While the scenic views, proximity to water, and overall structure of the cottage can be essential, one crucial element that should never be overlooked is the accessways.
Attention Real Estate Brokerages, Mortgage Brokers, and all fellow Real Estate Professionals, we have exciting news!
Every standard printed form of Agreement of Purchase and Sale (APS) contains the following “Time is of the Essence” clause: “TIME LIMITS: Time shall in all respects be of the essence here of provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in...
With the ever-rising interest rates on commercial mortgages that institutional lenders are providing in the current lending market, many commercial borrowers, including those looking to borrow via a corporation have no choice but to turn to private mortgages as their means for obtaining financing.
“What’s in a name?” – a question that Shakespeare would have never penned if Romeo & Juliet was about Ontarian real estate transactions. When it comes down to real estate and transactions, well, a lot is in the name. A registered owner’s name and date of birth
There are many reasons why a purchaser may decide to take title of a property in the name of a corporation. However, when a corporation is involved as a registered title holder, the closing process can (possibly) be more intricate for buyers.
Join Jonathan Hacohen, Partner with Kormans LLP, in a captivating face-off with THE Sam McDadi of Sam McDadi Real Estate.
There are many issues and factors in the current residential real estate market that can prevent and/or delay closings. Breach of contract and the litigation that will follow is not a good result for any party to a transaction. In a recent Blog on “Challenging Closings” we discussed how in our law practice we focus on getting transactions closed in a timely manner using various strategies and options.
The Ontario Government has recently commenced consultations with the public and stakeholders with regards to proposed changes to the rules governing purchases of pre-construction homes. The proposed changes seem to be in response to recent news highlights where buyers of pre-construction homes reportedly were charged hundreds of thousands of dollars over and above the price in their agreements.
When purchasing a resale property in Ontario, it is imperative to be aware of any defects that may be present on the property. Although some defects may be visually obvious, other defects may not be so apparent.
For all the years that I have been a real estate lawyer, there is one item in real estate closings that baffles me over and over again. For some strange reason—people enter into contracts to purchase or sell real estate—and then choose to travel before their closing date!
Are fees the most crucial factor for you in choosing: Your doctor, your surgeon, your dentist, your psychologist, your tax accountant, your mortgage broker, your insurance broker, or your financial advisor?
In the realm of property law, it is essential to differentiate between chattels and fixtures, as they hold distinct legal implications. Ontario, like many other jurisdictions, recognizes the importance of this distinction when determining ownership rights, contractual obligations, and the transfer of property.
Purchasing a pre-construction condominium in Ontario can be an exciting opportunity to own a newly built home tailored to one’s building preferences and financial timeline. However, as a buyer, it’s important to exercise due diligence before committing to such a substantial investment. A
As part of a business venture either with family members; friends; or business associates, individuals often become shareholders in private holding companies. Although that is a great start, in order to protect their interests and to outline the roles / responsibilities of each shareholder, the Agreement is something that can come in very handy.
If I had a dollar for every undergrad student who told me “Someday I want to become a lawyer.” I’m not sure if it’s the glitz and glamour that people see on television and the movies but trust me–the real deal can be a rude awakening.
We regularly receive numerous inquiries regarding the complexities of Agreements of Purchase of Sale. Real estate agents and clients often approach us with pressing questions such as, “How can we ensure we are safe on closing with this clause?” or “What measures should we take to prevent an issue from becoming a major problem during the closing process?”. We recognize that in competitive markets with multiple offers, there may be instances where immediate clause drafting becomes necessary, with no opportunity to consult a lawyer
Selling the matrimonial home of divorcing sellers creates certain challenges for both realtors and lawyers. Most married couples do not want to consider the possibility of divorcing at the time they buy their matrimonial home.
When buying a Condominium property in Ontario, it is important to obtain (and have reviewed) a copy of the Status Certificate Package. Of the numerous documents that form the Status Certificate Package is the Reserve Fund Study, sometimes referred to as the Form 15.
In the event of a mortgage default due to the failure of a Borrower to make mortgage payments in a timely manner and then further failure on part of the Borrower to bring the mortgage arrears up-to-date by the end of the Notice of Sale redemption period allows the Lender in that situation to take the next steps on the power of sale procedure.
Under section 2 of the Interest Act, a person may contract for any rate of interest that is agreed upon, that is, “except as otherwise provided by this Act or any other Act of Parliament”. Section 347 of the Criminal Code of Canada prohibits loan agreements or arrangements which call for interest at a criminal rate and prohibits the receipt of payment or partial payment of interest at a criminal rate.
After going dormant for years, our prediction is that a certain condition will continue make a tremendous comeback and be back in play on many residential real estate transactions in 2023. After a relatively cool residential real estate market for the past six months due to many factors, including rising mortgage interest rates, inflation, new laws, and employment uncertainty, there is an abundance of Buyers out there looking to make home purchases they had planned before and were forced to delay.
agreement to purchase. Although I come across these types of liens far less often than other registered documents, I do feel it is imperative to provide a brief overview of Construction Liens and how they can impact a property’s title.
In a previous blog post, we outlined somekey items to consider when taking part in a share purchase. In this post, we will go over vital issues to take into account when acquiring interest in a business via an asset purchase An asset purchase means that you as purchaser either individually or via your corporation are buying an existing asset from another individual or a corporation.
Over the course of a real estate purchase or sale, buyers and sellers will encounter all manner of professionals who will assist with various aspects of the transaction. Real estate lawyers in particular play an important role in assisting with various legal aspects of buying or selling a property. Here are a few key ways in which real estate lawyers can help:
In an attempt to apply more downward pressure on home prices and create more supply for desperate Torontonian buyers, the City of Toronto introduced a new tax to penalize homeowners allowing their property to sit vacant.
You must have come across many news articles recently which outline how real estate title fraud is on the rise in Canada. Houses are being sold without knowledge of the homeowners, who only come to know after they find out that strangers are living in their property.
Purchasers are often curious about title insurance when buying a property. Since in many cases, title insurance is a one-time purchase, people often ask; “what is title insurance? Do I really need it? What items are included in my coverage?”. My hope is that this blog post will answer some of these questions and provide some clarification when it comes to purchasing a title insurance policy.
When considering the incorporating of your operation and/or business, it is important to understand the steps involved in registering and maintaining a corporation in Ontario. Although corporations can be registered at the Federal and/or Provincial level, this article will focus exclusively on Ontario corporations.
R.J. Gray, Professor Emeritus of Osgoode Hall Law School, passed away in January, 2023.
We often get inquiries from clients about whether it is more beneficial to acquire a business via an asset purchase route or a share purchase route. The correct answer? It depends on each situation.
Whether you are a first-time home buyer or looking to sell your current residence and buying a new home, there will be many considerations that you will be considering!
The Vacant Home Tax is deemed to come into effect on January 1, 2022, and therefore, every homeowner in the City of Toronto is required to submit a declaration with regards to the status of their property in each taxation year, including year 2022.
There are 3 important laws pertaining to real estate that came into effect on January 1, 2023 that everyone needs to be aware of and understand!
In shifting market conditions, it is not uncommon for lenders to make it more challenging for borrowers to qualify for a mortgage. One way for borrowers to overcome such qualification hurdles is to find a creditworthy individual to sign as a guarantor on their mortgage application.
As a real estate lawyer, one of the most frequently asked questions that I receive relates to the removal of a mortgage from the title of a property once the owner has fully paid it off. Many homeowners assume that once they complete their mortgage payments or pay out a lump sum to their lender/refinance to pay off the outstanding balance.
In a previous blog post, we outlined the details of what is covered under Tarion Warranty when purchasing a new-construction property from a Builder.
Over the years we have heard from many excited potential Buyers and their Realtors of the amazing opportunity they are seeking by buying a property under Power of Sale for less than fair market value.
Congratulations, you finally received a notification from the Builder that the preconstruction condominium that you booked a couple of years ago is now complete and your Occupancy Closing is approaching.
While purchasing a pre-construction property may be a great way to enter the real estate market, many Purchasers share the fear of risking the quality of build and/or the possible defects that may arise once construction has been completed. % %
When a purchase and sale transaction fails due to a breach of contract by the buyer, there is often uncertainty surrounding entitlement to any deposits made on the purchase.
If you currently have a Will and Power of Attorneys in place, you are on the right track and have already taken a huge step towards planning for your future and that of your estate.
Generally, there are two types of Modular Homes, Laneway Units and Garden Units, that are becoming more and more available in certain municipalities in Ontario.
With the real estate market showing unpredictable trends, it has become unclear for a Buyer and a Seller what to expect. “What, where, when” are daunting questions for a potential Buyer or Seller.
If you have not already, be sure to check out Part 1 of this blog to learn where these fees can be found in your Agreement, and what they are.
You have seen the signs – you are driving past a vacant lot or empty field in the country and a bright, shiny sign exclaims to you “Condominium Coming Soon – Units Starting from $500,000!” %
Depending on a transactor’s purchase and sale closing schedule, Bridge Financing can be a tremendous interim financing tool and/or added “insurance” that can increase the likelihood of a successful closing date.
Close the deal I am the destroyer. I am the Chosen Lawyer.
The federal Liberal government created the Underused Housing Tax (UHT) on underused (i.e. vacant) residential properties owned by non-resident non-Canadians. THE UHT came into effect January 1, 2022.
There are many instances in which an individual who has an interest, or a claim to an interest in land may wish to preserve their interest by temporarily preventing or blocking any dealings or conveyances involving the land.
The residential real estate market has always gone through various cycles that are affected by numerous factors.
Meet Sara Erskine (wehlitigation.com), Commercial Litigator and Founding Partner at Weintraub Erskine Huang LLP.
The Prohibition on the Purchase of Residential Property by Non-Canadians Act comes into force on January 1, 2023.
In one of our recent blogs we had outlined some issues to consider prior to selling your property if the property is occupied by a tenant.
Maybe you are thinking about putting in an offer on a unit and your agent tells you the unit is subject to a Section 98 Agreement. Maybe the lawyer reviewing your Status Certificate just told you that the unit owner/Seller is violation of their Section 98 Agreement.
One form of preparation increasing in popularity was the drafting of Wills, outlining Testator’s intentions for their future estate(s).
Mortgage default occurs when a borrower breaches or violates a term of their mortgage agreement.
One thing we can always count on in the world of residential real estate transactions is that the market always changes.
Have you ever been in the situation where a buyer or seller refuses to close a real estate transaction?
Imagine you’re a homeowner of an investment property currently occupied by a tenant (the “Tenant”).
If you are involved in a real estate transaction, the subject of property insurance will invariably come up in your discussions with your lawyer.
Have you ever played dominos? Then you know a line up of only 100 dominos is more likely to fall successfully than a lineup of, say, 200 dominos.
A vital question that buyers of new-build residential properties will be faced with is “whether the property will be used as their primary place of residence?”.
Are you a realtor working with a buyer client? Or are you the buyer looking to complete your home purchase?
With the aim of ameliorating the current housing affordability crisis, the Government of Canada’s 2022 federal budget includes numerous proposed measures to cool down the housing market.
Real estate investing sounds so exciting! Are you ready to learn the law behind these ventures? Hosted by The Chosen Lawyer
Real estate investing sounds so exciting! Are you ready to learn the law behind these ventures? Hosted by The Chosen Lawyer
With the New Year came several changes to the Succession Law Reform Act that could directly impact you as you are making your estate plan.
In a previous blog post, we considered a few factors to keep in mind when purchasing a multi-dwelling unit.
Last week, Kormans LLP brought you the breaking news that the Government of Ontario was updating the Non-Resident Speculation Tax (“NRST”). This week, as promised, we are back with more information!
As of March 30, 2022, the Government of Ontario is introducing three key changes to the existing NRST structure. This will make it more costly for Foreign Entities to purchase property in Ontario.
Are you a first-time home buyer? Then this seminar is for you!
Starting a business can be a daunting process and more so when we realize all the different ways that a business can be structured.The common ways that a business can be started include a Sole Proprietorship or an Incorporation.
The world of franchising can be difficult to navigate for prospective franchisees. If you are seeking to purchase a franchise business, it is imperative that you involve your lawyer and your financial advisor as early in the transaction as possible.
At Kormans LLP, we love sharing legal information with our clients, partners and the general public. When you have a legal question, you can always contact one of the Kormans’ lawyers. We are here to help you!
Buying a home is one of the most important decisions any of us make. Most people only do this a handful of times in their entire lifetime. It is more than just an investment in real estate. It is a life changing event as the Buyer transitions a house or condo into the Buyer’s home.
As a real estate lawyer, I can’t tell you how many times I have gotten the same call. Either a buyer or seller with remorse. “Please help me” - they say. “I bought or sold too quickly. I felt trapped and had to sign on the dotted line. Now please - I have a firm offer. Help me get out of it”. Sound familiar? All of us, at some point or another, have likely made some sort of decision - minor or major - under extreme pressure and later regretted our decision.
Kormans LLP is pleased to announce that you can now follow us on TikTok! %
Let us paint you a picture: it is only a handful of days before closing, the Buyer has just completed their last visit to the property you are selling, and soon after, you receive a text message from your agent listing out everything the Buyer found wrong with the property, asking to you respond.
We made it to a brand-new year! Welcome to 2022 😊. With a fresh year comes new hope! But then the pressure hits. You feel the need to make your goals for the upcoming year. How do you plan new year’s resolutions and most importantly, make them stick?Have no fear! 4 easy steps are all you need. Ready? Set…. Go!!!!
We are very excited to announce the launch of the Chosen Life Podcast! Everyone wants to live the chosen life! Get ready as your tour guide, the Chosen Lawyer tackles the subjects that you most care about!
Let’s have a quick overview of the LTT refund offered by the Ontario government and Municipality of Toronto for first-time homebuyers to assist them on their first real estate purchase of an eligible home.Who pays LTT?
Are you looking to purchase a new home? Are you a first-time homebuyer? If your answer is “yes” – you have come to the right place! This blog will offer you some quick essential tips to guide you with your first residential real estate purchase in Ontario.
Are you are looking to purchase a business? Commonly referred to as a merger or acquisition (M&A), the process can be complicated. There are two ways that you can complete this type of transaction.
The scenario: you are sitting with your realtor. You are about to sign your name to purchase your home! It could be your 1st home, 2nd home, or even your 10th place of residence. You have made the majority of your decisions with your home – you have picked the property, the price you want to offer, and other considerations including any conditions. One final one: The Closing Date! When should your purchase close? %
One of the most important considerations when setting up a new business is the method by which the business will be carried on.
There is something very special about having a cottage to escape to. The beauty, tranquility, and connection with nature are all important factors. But for many, at the root of the special cottage lifestyle—is the ability to enjoy all that while sharing quality times with family and friends!
You have recently purchased or sold a home. Congratulations! It’s a huge step in your life and probably the biggest financial transaction(s) that you will undertake (until the next one, of course). The ink is still wet on your agreement. The champagne is likely still flowing. Now reality is beginning to hit: you actually have to close the transaction. You need a real estate lawyer!!!
Purchases of multi-unit dwellings such as a duplex; triplex; fourplex and so on usually seem like an attractive acquisition especially if the intention is to buy the property as an investment. Each unit can often be rented to a separate tenant and the income from said tenancies is very appealing.
For an individual or business that is leasing commercial premises (the “Premises”) as a Tenant from a Landlord, there are some critical things to consider when extending the term of your original lease (the “Lease”) for the Premises.
We often receive calls from potential Buyers or Sellers asking for advice or assistance on completing their real estate transactions without using the services of a real estate agent.
Happy spring season everyone! As the snow continues to melt, the Ontario real estate market is on fire. People are looking at all sorts of properties—new and resale, condominiums, houses and rural properties, going from downtown Toronto and well into the north.
Whether you are a novice or experienced private lender, we understand your need for expedient and competent legal representation on your transactions.
In most cases these days, when a property is sold following the death of the registered owner on title, an Estate Trustee for the individual would be required to apply to the Court for a Certificate of Appointment of Estate Trustee With a Will before the property may be conveyed to another individual.
Congratulations on taking the bull by the horns and earning this new responsibility!
The matrimonial home is defined in section 18(1) of the Family Law Act (FLA) as “Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home”.
Covid-19 has been a great disruptor in the world and one area that this has shown itself most clearly is in the many businesses that are struggling to survive. Many businesses operate as a “Tenant”, leasing the space from which it conducts its business (their “Premises”), and it is obligated each month to pay rent based on what is set out in the Lease for the Premises.
Our law firm has such a strong bond and relationship with real estate agents and their brokerages and as such we have been front and centre in supporting both sides of the industry with navigating through the exciting new opportunity for real estate agents to incorporate a Personal Real Estate Corporation (PREC) as of October 1, 2020 pursuant to the provisions of the Trust in Real Estate Services Act, 2020 (TRESA).
Whether it is a first-time purchase or the 20th purchase of a home, a person will usually have the same question for their real estate lawyer. When am I getting my keys?
Purchasing a home is supposed to be one of the most exciting days of your life! As such, the last thing a Purchaser wants to deal with on the day of their purchase is a Vendor who has not provided vacant possession of the property despite the ownership having been transferred to the name of the Purchaser.
Private mortgages are defined by the Law Society of Ontario as mortgages in which the lender “is not a Schedule I or II bank, registered loan or trust company, a licensed insurer or a subsidiary of any of them; pension fund or any other entity that lends money in the ordinary course of business”.
As a law firm that specializes in completing real estate transactions we are often asked to advise on the rights of parties if the transaction is not completed. In particular, what will happen to the Deposit, and what remedies can a defaulting party be sued for?
So, how’s the market? The question that I literally have been asked every day of my professional life. Having practiced real estate law for almost 20 years now, I have seen during my time many ups and downs.
One question that is asked by pretty much every Purchaser in relation to their purchase transaction is what time they will get keys to the Property on the day their transaction is scheduled to close.
Standard residential Agreement of Purchase and Sale (Agreement) forms used in Ontario contain the following clause known as the “Entire Agreement” clause: “This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein.”
We live in uncertain times. There is no doubt. As our new way of living evolves, we learn to evolve ourselves. Our lifestyles as we once knew them have changed and we are upon quite possibly the “new way of living”. What that means, we do not yet know. We will continue to learn over time.
A title insurance policy protects the homeowner from damages arising out of certain title defects that were not discovered before the closing of the purchase transaction. One of the types of losses that are usually covered by an owner’s title insurance policy is the unmarketability of title.
In Ontario, the disclosure obligations of a seller do not extend to all existing defects in a property. For the purposes of disclosure requirements, there is a distinction made between “patent defects”, and “latent defects”.
Our previous two Wills and Estates blogs highlighted the use of technology, videoconference technology in particular, that has taken off since the onset of COVID-19 in March, 2020.
As part of conducting a title search on a property, a lawyer often comes across various registered instruments on the Parcel. Depending on the type of property, it is vital to pull the details on as many instruments as possible as different types of instruments could give legal rights to parties other than the registered owner on title.
As the COVID-19 pandemic continues, many commercial Landlords and Tenants have been negotiating and entering into rent deferral agreements and/or rent abatement agreements.
Due to the COVID-19 pandemic, the financial situation of many Buyers has changed significantly. As a result, some Buyers may not be able to pay the purchase price to the Sellers upon closing. Other Buyers may be able to close but do not want to.
When it comes to an event of mortgage default, Lenders may be surprised to find that Section 8 of the Interest Act prevents them from charging higher rates of interest on default of a mortgage.
COVID-19 has introduced a new landscape to our lives. How we live has perhaps, changed forever. How does this affect lawyers and our legal work?
The spread of COVID-19 affects the abilities of both the tenant and landlord to fulfill their respective obligations under commercial leases. In particular, if a tenant must close its business at the leased premises because of preventive measures ordered by the government, it may not have enough money to pay its rent to the landlord.
The on-going COVID-19 pandemic has affected the day-to-day activities of businesses around the globe like nothing before. These are unprecedented times and the impact of this unforeseen pandemic on the legal sector is no different.
With COVID-19 it is becoming increasingly necessary to make use of video conferencing and other technology to facilitate meetings and the completing of legal transactions.
Recently the Court of Appeal for Ontario clarified the law on anticipatory breach of an Agreement of Purchase and Sale (APS) of real property.
In this blog post, we will cover a few aspects of selling a pre-construction property via an Assignment and why it is crucial to have a lawyer who is well versed in Assignments represent you with regards to same.
An Estate Trustee (formerly known as an Executor) of an Estate has a great deal of responsibility for administering the Estate that appointed him/her. Administering an Estate is done with care and in accordance with the deceased’s wishes and the law.
Holdbacks are tools used by real estate lawyers for their Buyer clients, whereby a portion of the closing proceeds is withheld from the Seller pending the completion of a condition or an undertaking in the Agreement of Purchase and Sale that could not be completed prior to the Closing Date.
If you are a director or shareholder of a corporation, do you know if your corporation has a minute book or if the minute book of your corporation is up to date?
In this blog post, we will cover a few aspects of purchasing a pre-construction property via an Assignment and why is it vital to have a lawyer who is well versed in Assignments represent you with regards to same.
We often get asked as part of our real estate practice whether we can close real estate transactions outside of Ontario. Clients are often buying homes, vacation and investment properties all over the world! The properties can be located in another Canadian province (e.g. Quebec and British Columbia), the United States, Spain, Russia or any location that you can think of. So as an Ontario based real estate law firm, can we act for a buyer and/or seller of a property outside of Ontario?
We often get asked by Buyers and Real Estate Agents whether it is preferable to have a Survey or Title Insurance for a residential real estate transaction. The answer is that it preferable to have both. It is essential to have Title Insurance for residential real estate transactions but there is a misconception that it is never necessary to have a Survey.
Every homebuyer almost always asks about title insurance, even if it’s not their first time purchasing a property. This is likely because they haven’t dealt with title insurance until their lawyer explains it to them. In this blog post, we will explain the purpose of title insurance. We will then discuss the two types of policies that are offered by title insurance companies and their premiums.
Driving along Bathurst Street, you have likely spotted some new signage. Seemingly overnight, your Real Estate & Corporate Lawyers have a Toronto office??? YES! It’s True 😊
We often get asked by clients whether they can close the purchase of a home on the same day as they close the sale of their home. The short answer is yes, we do that all the time for our clients. The more complete answer is that there are risks with same day closings.
Recently, the Federal government introduced the First-Time Home Buyer Incentive (“Incentive”). The Incentive aims to help qualified first-time homebuyers reduce their monthly mortgage costs.The Incentive consists of the Government of Canada providing a potential funding of 5% of the home’s purchase price for a first-time buyer’s purchase of a re-sale home or 5% or 10% of the home’s purchase price for a first-time buyer’s purchase of a new construction home. The Incentive is a shared equity mortgage, and this means that the government shares in the upside and downside of the property value.
We’ve explained the HST rebate for new houses and condos in our blog post here. There have been recent decisions from the Federal Court of Appeal that have denied the purchaser’s claim for the HST rebate. To keep you informed and alert, we’ve shared these cases below.
When starting a new business, individuals are often focused on the concept of the business, target demographics and the product or services that will be provided by the business. The legal framework that will govern such business is however often overlooked and not dealt with.
In one of our blog posts in April 2019, we had gone over vital issues to consider when making a Will. http://www.kormans.ca/key-factors-to-consider-when-making-a-will/In this entry, we shall cover the Power of Attorney for Personal Care and the Power of Attorney for Property. Two legal documents that are just as essential, if not more so than a will.
Making plans for what happens to your assets after your death can be overwhelming and it is something that a lot of people try to avoid as long as possible. However, it is actually in your best interest to make a Will outlining the wishes for your Estate sooner rather than later.
Clients are sometimes worried that they won’t be available to meet their lawyer and sign documents for their real estate transaction closings. The good news is that if you communicate your circumstances to your lawyer ahead of time, your lawyer can prepare a Power of Attorney to deal with your property. Your circumstances may trigger the need for a Power of Attorney for Property if, for example, you or your spouse regularly travel or if you’re elderly and need help with your everyday financial and property affairs.
Clients are sometimes worried that they won’t be available to meet their lawyer and sign documents for their real estate transaction closings. The good news is that if you communicate your circumstances to your lawyer ahead of time, your lawyer can prepare a Power of Attorney to deal with your property. Your circumstances may trigger the need for a Power of Attorney for Property if, for example, you or your spouse regularly travel or if you’re elderly and need help with your everyday financial and property affairs.
Nobody likes paying taxes and everyone likes to minimize any taxes payable. On every residential real estate transaction, whether a purchase, a sale or an assignment, there are various municipal, provincial and federal taxes that might be applicable and must be considered. This is all in addition to the property taxes that are payable to the municipality and must be adjusted for on every transaction.
This question comes up weekly, if not daily in my practice sometimes. The situation is often the same: one parent has already passed. One parent is still alive and living in the family home. There could be any combination of children- 1 or more. The question becomes: should the parent transfer the home to the children now? Should they wait? What to do? (For the purpose of this exercise, we will consider “children” to be adult children of the elderly parents)
Our clients often ask us how property taxes work and to many, property taxes are a novel issue that they have not dealt with before. Here are some tips on how to deal with your property taxes and how to avoid potential issues after a real estate closing.
If you’re considering purchasing a property with two or more individuals, you should decide whether you will take ownership as “joint tenants” or as “tenants in common”. These are legal concepts that identify the two different structures of property ownership.
As an individual looking to rent a residential property or apartment unit there are a few things to consider. For starters, when you are renting, do you know who you are renting from?
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