Arcus Legal is pleased to congratulate Erin O’Brien Edmonds, KC, TEP, on being selected by her peers as the Best Lawyers® 2024 Real Estate “Lawyer of the Year” in Halifax. Having previously won this award in 2016, 2018, 2019, and 2021, this year marks the fifth time Erin has received this honour. Erin is also recognized in the 2024 edition of Best Lawyers in Canada® for her work in Trusts and Estates.
When you purchase a home, you must hire a lawyer to carry out the transaction, but you may be left wondering what you are paying them to do. Below is an overview of what your property lawyer does for you. [read more…]
Diving into the world of being a landlord and owning rental properties can be appealing. Online articles, YouTube videos, and television can make it out to be an easy way to earn passive income. However, it is also a significant responsibility to supply a home to a person or family. No matter the length of your rental, there are certain obligations that arise once you take on the responsibility of becoming a landlord. Prior to investing in a rental property ensure you consider the length of rental you will be providing, and know the relevant law to avoid future disappointment. [read more…]
On or before the closing date, your lawyer will send the Buyer’s lawyer the Deed, HST certificate, a Direction regarding the payment of the closing funds in trust, and a Statement of Adjustments describing the amount your lawyer will receive from the Buyer’s lawyer on the closing day, along with any other documentation requested by the Buyers on the Agreement of Purchase and Sale.
The Agreement will have a specific time in which you have to provide “vacant possession”. This is the time in which you will have to leave your home clean, empty, and unoccupied on the closing date and [read more…]
A few days before the closing date your lawyer will want to meet with you in person or by web conference in order to complete your closing documents, including the Deed conveying the property to the Buyer, a certificate confirming there is no HST to be added to the sale price, along with other closing documents.
If your property is a used residential property, one of the closing documents will be an HST certificate, which you will sign certifying that the sale is exempt from HST within the meaning of the Excise Tax Act. If your property falls outside of the [read more…]
If you have agreed to make any repairs resulting from the Buyer’s home inspection, make sure you leave yourself plenty of time to complete them before closing. Be careful to note whether the Agreement specifies if the repairs must be done by a professional and whether receipts are required. Make sure you have arranged movers, planned for cleaning and that all items remaining with the property are in good repair as set out in your Agreement. A week before closing is a good time to re-read your Agreement!
There are other standard items to complete, such as filling up the oil [read more…]
Once you have accepted an offer from a Buyer, have your realtor forward the Agreement of Purchase and Sale to your lawyer, and they will begin preparing your sale documents.
The Buyer will have a certain amount of time to arrange satisfactory financing, a home inspection and in certain cases a water and septic test, if there is a well and septic on the property. The condition of the lawyer review of the Agreement will also take place in this time period. Your realtor will update you with any issues raised by the Buyer during condition period. Once the condition date [read more…]
Once you have decided to list your property for sale, contact your lawyer to let them know. If you owned your property prior to 2004 your property may need to be migrated into the land registration system before the sale. This is an added expense of selling but is required by legislation in Nova Scotia. The earlier your lawyer can get the migration process started, the smoother your sale transaction will go.
The steps to complete the purchase can feel confusing to any buyer, but your real estate team knows what to do and will assist you through to the closing date. Your team consists of your lawyer and their paralegal, your lender and Realtor.
Your lawyer will review the Agreement of Purchase and Sale, conduct a title search, confirm the status of property taxes, prepare the closing documents including the mortgage, and confirm the final amount you will be required to bring to your lawyer for the closing.
The lender will instruct your lawyer on the terms of the mortgage and the [read more…]
Once you have accepted an offer, you must meet the conditions by a certain date. The most common condition is being approved for financing. This means you are personally approved to borrow the amount you require; and the home being purchased is approved by the lender as having the value to support the mortgage loan. The financing and other conditions are “deemed arranged” on a certain date in your agreement. If you are not approved for financing, you must notify the Realtor who can either terminate the offer or request an extension of time on the condition date.
Another important condition [read more…]