Can I complete my new home purchase on my own or do I need lawyer?
Not often, but once in a while I hear this question.
My opinion is that choosing to do the completion on your purchase without a lawyer is like performing a surgery on yourself.
It will hurt and the future consequences could be huge. 99.9% of my clients chose a professional to take care of the completion or as we call it "conveyance". The question I often hear is what do they do for aprx. $1,000
Among other things, he or she will protect your interests by:
- searching the title in the Land Title and Survey Authority Office registration system to find if anyone other than the seller has any legal rights to the home and to see if there are any registered easements or restrictive covenants
- preparing the documents to transfer ownership from the seller to you, including the Property Transfer Tax return
- ensuring that the seller’s old mortgage has been properly discharged, if this is required
- confirming that all payments for which the seller is responsible have been made
- arranging for you to sign the transfer documents
- preparing a Statement of Adjustments outlining all monies owed by you and the funds you will need to complete the transaction
- delivering the final amount due to the seller and ensuring you are registered as the owner in the Land Title and Survey Authority Office
- obtaining documents for strata titled properties, such as the Information Certificate (Form B as prescribed in the Strata Property Act), Certificate of Payment (Form F as prescribed under the Strata Property Act) and the strata corporation’s Certificate of Insurance
The day has arrived! You have signed the documents, turned over your cheque, and received the keys. The home is yours!