The short answer: Yes. Refinancing your mortgage is one of the best and most effective ways to save money. If you are considering refinancing or increasing your mortgage, you will need to consult a lawyer. While there are several financial institutions that offer refinancing services, a competent real estate lawyer will take all the necessary steps to ensure that you and your bank are provided with a timely and properly registered mortgage when required. In the case of a mortgage renewal, a lawyer is not required but is strongly advised for increasing your existing mortgage and/or discharging ..read more

A mortgage renewal occurs when your current term ends and you sign on for a new term. For this process, it is not always necessary to work with a lawyer in regards to a standard renewal (usually done with the same financial institution or lender). However, there may be cases where you need to increase your existing mortgage beyond the original limit or discharge your former mortgage, and you may need to consult with a lawyer. How a Lawyer Can Help You with Your Mortgage Renewal Becoming a homeowner is a great accomplishment but it can also be a stressful experience at times. Fortunately, renew ..read more

When you are searching for a home, it is important to consider the lifestyle and conveniences you need. Single-family homes provide a certain level of privacy and independence, while condominiums may offer more freedom and convenience. If you choose to go with the latter option, be aware that there are fundamental differences between a condominium purchase or sale and the purchase or sale of a home. The Differences between Condominiums and Homes Condominiums tend to be governed by their own set of rules and it is important to keep this in mind when considering what type of residence you want t ..read more

A home is one of the most significant investments a person will make over their lifetime. While everyone hopes for a straightforward experience when it comes to buying or selling property, the process often involves making quick decisions and back-and-forth negotiations, which can take its toll on both parties. With so much of your money on the line, it’s extremely important to ensure that all your decisions and transactions are overseen by a professional real estate lawyer who understands the necessary laws and procedures. At Simard & Associates, the Real Estate Law team can help you navi ..read more

Real estate agents are helpful in providing guidance throughout the process of buying or selling a home; however a real estate lawyer in Ontario can provide a number of important services that your real estate agent may not be equipped to do. A real estate lawyer is trained in the legal aspects of buying and selling property, including title searches, conveyancing documents, closing statements, and other related paperwork. They also provide advice regarding applicable laws and regulations which could potentially affect your transaction; and they will help ensure that all legally required steps ..read more

Buying or selling a home is a complex transaction involving multiple steps before, during, and after. Whether you are a first-time home buyer or have been through the experience before, real estate law in Ontario can seem overwhelming and result in sleepless nights. Experienced real estate lawyers in Ottawa can help you navigate the buying or selling process to ensure that your transaction is smooth and stress-free.    What does an Ontario real estate lawyer do that my real estate agent doesn’t? Real estate agents are invaluable because they help you find your dream home and neg ..read more

Mortgage refinancing involves creating a new mortgage loan by modifying your existing terms. Many homeowners seek to refinance their mortgage as a way to help lower their current interest rates or reduce monthly payments. While refinancing your mortgage may be an exciting prospect, it can be a fairly complex transaction and you are likely to benefit from the legal advice provided by a real estate lawyer. How a Lawyer Can Help You with Your Mortgage Refinance When it comes to refinancing or increasing your mortgage, you will need to consult with a real estate lawyer who can review your mortgage ..read more

If you are putting your matrimonial home up for sale, consent is required from both spouses. Under Ontario provincial family law, parties who are legally married have an equal right to take ownership of the home. In this case, it does not matter who holds the formal legal title to the property, the matrimonial home is governed by a special set of rules. However, when you are in a common law relationship, you are authorized to sell the property if your name is on the title, without the consent of your common law spouse. When a Spouse Can Legally Sell the Property If you are legally married, the ..read more

An Agreement of Purchase and Sale is the most important document in any real estate transaction. It is a written contract between the buyer and seller regarding a particular property. A real estate transaction typically involves parties that have different interests and there are several aspects of this deal that may be negotiable. Therefore, prior to signing and accepting an Agreement of Purchase and Sale, a lawyer should be consulted to perform a thorough review of the document. Why You Need a Lawyer to Review Your Agreement of Purchase and Sale Here are a few important reasons why a real es ..read more

The short answer: Unless the reasoning falls under limited exceptions – No. In most cases, each party to an Agreement of Purchase and Sale will be represented by their own lawyer. Aside from a few, very limited exceptions, according to the lawyers’ Rules of Professional Conduct, a lawyer cannot act on behalf of both parties even if the Vendor and Purchaser wish to have the same representation.   However, each party can use two separate lawyers from the same law firm, only if both are aware of the dual retainer; both agree that any information can be shared between parties and if a confli ..read more