Conveyancing FAQ

Conveyancing FAQ

What conveyancing services do you provide?

At Cote & Evans Trial Lawyers, we can assist you with all your residential conveyancing needs. Whether it is buying, selling, re-financing or changes to title, we’ve got you covered.

Do I need a title insurance?

A title insurance will assist against a problem relating to fraud, title defects, etc. The insurance time span is for the entirety of the period you own the property. While not mandatory, we at Cote & Evans Trial Lawyers most certainly advise our clients to purchase title insurance because you will be at ease and protected against any mis-happens. Most lenders also require those purchasing property to obtain title insurance as a condition for providing a mortgage.

 

What is a statement of adjustments?

Is a document prepared to advise you of all your costs for your conveyance and how costs will be adjusted between buyer and seller. It will show you the breakdown of the amount due by you or payable to you on completion. Book your consultation with our firm and we can walk you through this document so that you have a good idea of the services rendered.

When will I receive the keys?

Most often, the keys will be ready for you to pick up on the date of possession through your realtor. The date of possession is typically a day or two after the date of completion.

Is a lawyer or notary required to complete a conveyance?
Absolutely! Not only do real estate transactions involve large sums of money which depend on undertakings given between lawyers, only a lawyer or notary is able to witness the execution of Land Title Documents and submit them electronically to the Land Title Office.
Lawyer VS Notary for conveyance?
While notaries can sometimes charge less for a conveyance than a lawyer, they typically can only assist on a limited basis, meaning they cannot provide you with legal advice or legal representation in Court should an issue arise with your sale or purchase. And despite the assumption that their fees are lower than lawyers, they are in fact quite comparable. The benefit of having a lawyer is that we will be able to legally guide you through the process and if any issues do arise, you have that safety with a lawyer. When looking at it from a cost perspective, at Cote & Evans Trial Lawyers, our rates are very reasonable with the market in terms of notaries and other law firms in the area.
If I know I am buying or selling, when should I speak to someone?
Very often we notice that real estate agents assist clients in finding a conveyancer but it may be beneficial for you to do your own research very early on. Get in touch with a lawyer approximately a month before your completion date. Be sure to let your realtor know who you have chosen as your conveyancer as they play a key role in providing documents to the lawyer you choose. We also need to know who your lender in order to obtain their mortgage instructions.
How is Property Transfer Tax Calculated?
Property transfer taxes equals to 1% of the first $200,000 and an additional 2% is applied to the balance of the purchase price.

Are there exemptions available to avoid paying Property Transfer Tax? Yes there are but it depends on the situation and cost of the property being purchased. A common exemption is the First Time Home Buyers Exemption. Make an appointment with us to discuss whether this exemption or others are available for your real estate purchase.

I am the executor and am seeking to sell property of the deceased, now what?
In these cases, please set up your consultation with a lawyer at our office as soon as possible. We will need to review the Will of the deceased and if you are an executor on the Will and depending on what the Will states, we will assist you with selling or title changes to the property.

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