Posted on: 7 April 2015Share
There are few situations in life where having an experienced attorney on your side is absolutely essential, but a real estate transaction is certainly one of them. Canadian real estate laws are complex, so you want to have an experienced real estate attorney on your side who can navigate the procedural minutiae and close the deal quickly. Below, you'll find three ways a real estate lawyer can help those who are buying or selling real estate.
Drafting The Documents
Although you could enlist the help of a realty company or a broker, it's almost always less expensive to contract directly with a real estate attorney for document drafting. Realty groups and brokers typically subcontract out that kind of work to attorneys anyways, so contacting a lawyer directly is really just cutting out the middle man and minimizing expenses.
More importantly, utilizing a real estate attorney for document drafting ensures that each party's demands and compromises are fairly represented and above scrutiny. Although some would suggest that drafting these documents in something you can do yourself, it's extremely important that binding contracts be clearly articulated to maximize legal enforceability in the event of a future dispute. Without an attorney's expertise, a contract that appears legitimate may ultimately have little legal validity.
Settling Easement Disputes
Another significant benefit of enlisting professional legal assistance is when disputes arise regarding easements. Easements can be a real hassle for some property owners, and depending on the individual, may be the one thing halting progress in a property sale. Whether it's electrical wiring or sewage plumbing running through the property, easements can be extremely difficult to remedy without legal assistance.
While most easements are in some way the result of local government activity, private easements can be just as troublesome. This might be something as simple as having granted nearby residents permission to cross through the property out of sheer convenience. Whatever the issue, a real estate attorney can, most of the time, quickly and diplomatically resolve such disputes.
Sometimes, the recent addition to, or renovation of, a home can lead to a property dispute amongst neighbors, which can ultimately forestall a property sale. A real estate attorney is helpful in these situations not because you end up in court, but simply because they know what solutions are acceptable to the courts and how to go about getting the issue resolved, like with which government office you file a boundary agreement.
Overall, a real estate attorney has invaluable information at their disposal, and can really expedite a real estate transaction. Whether you're buying or selling a home, they can ensure that all documents are properly drafted, and help clear up any easement or boundary disputes delaying the sale.
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