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Making Real Estate Transactions a Little Less Complicated

Understanding the housing market is difficult—and that’s an understatement. Thankfully, AGB Lawyers is here to make the process a little easier. Our lawyers are experts in property law and real estate transactions, and we’re glad to answer any questions that may arise during the process. Below, you’ll find the answers to some common questions. Whether you’re wondering about a home’s property sales history or the best way to buy a home, let our Ottawa based team know.

How Does the Selling Process Work?

It’s no secret that navigating the real estate market is complex, so it only makes sense to have some questions about the selling process. First, you’ll want to work with a realtor to set a reasonable price for your home and learn more about recent property sales. From there, you, your realtor, and the team at AGB Lawyers will consider the following:

  • Choosing a time to sell
  • Attending open houses
  • Comparing current listings with your own
  • Filling out the required paperwork
  • Accepting an offer and starting the closing process
How Can I Make My Home More Attractive on the Market?

Home sellers jump through plenty of hoops to make their properties more attractive to potential buyers. Professional staging is a good start, as making your home look “homey” is an excellent way to help buyers envision living in that space.

Can the Listing Be Conditional Upon Me Finding a New Home?

You can make your listing contingent on your ability to find and purchase a new home. This clause can allow sellers to extend the closing date or cancel the sale, depending on their circumstances. However, you’ll need to make this contingency clear in the sales contract.

Does the Seller Have to Respond to Offers in Order?

In many cases, sellers will respond to offers in the order they receive them. However, it is not legally required for sellers to acknowledge an offer on their home. There are several reasons you may not receive a response. Your offer might be too low, or the seller might be waiting for more buyers to make a bid.

Do I Need Title Insurance?

Yes. Title insurance is a failsafe that protects you in cases of title fraud and other problems with the title. These policies generally cover the following risks:

  • Legal errors
  • Liens
  • Unpaid property taxes
  • Survey errors
  • Easements
  • Forgery
  • Encroachments
How Quickly Will We Close?

The speed of your transaction will depend on several factors. Some urgent sales might only take three weeks to close, but others might go on for up to four months.

Can the Buyer and Seller Have the Same Lawyer?

In Ontario, buyers and sellers of real estate must use separate lawyers.

What Do I Need to Buy a Home?

To close the sale and finally buy a new home, you need a few items at the ready. Bring a government-issued photo ID for each person listed on the agreement, deposit cheques, and your mortgage pre-approval.

What Is a Conditional Period?

A conditional period is a pre-determined period of time during which you can be sure that you meet all of the obligations in your agreement.. It’s a good idea to work with a lawyer during this time to review your documents and ensure that you fully understand the details of the sale.

Do I Need a Lawyer to Review My Documents?

It is typically not required to have a lawyer review your documents, but it is highly recommended.  An experienced lawyer can simplify many complex aspects of the real estate market, including the closing process and property sales taxes.

Does the Purchase Price Include Taxes?

Property sales taxes and other fees are not usually included within the purchase price. The team at AGB Lawyers can make you aware of any added costs you’ll need to be prepared for.

Are Price Adjustments Made During Closing?

Yes—final adjustments are made to your purchase price during closing. These include deposits, property taxes, and other fees. We’ll work with you to make sure you understand the ins and outs of these price adjustments.

Which Comes First, Buying or Selling?

So, should you sell your current home or buy a new home first? There’s no easy answer, as both have their own advantages and disadvantages. In short, whether to buy or sell first comes down to your specific circumstances. We recommend talking with an experienced realtor before deciding the order in which you do things.

Have Another Question?

Whether you’re buying or selling an Ottawa home, you can trust AGB Lawyers to deal with the legal side of things. We offer top-tier counsel for both parties to the transaction. If you have further questions about your unique circumstances, don’t hesitate to contact us for a free consultation.