Working with a Lawyer When Selling a Home
By Nicole. W.S. Suen |
February 2006 |
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Selling a home can be a stressful event. Your lawyer is there to protect your legal interests at all stages
of the transaction.
Offer Stage
An offer to purchase accepted by a seller is a binding contract on the seller and the buyer.
At this stage, your lawyer can help you:
• Draft an offer; or review, explain and amend, if necessary, an offer drafted by your real estate agent;
• Delete or amend escape clauses that allow the buyer to cancel the transaction if, for example, the buyer is
not able to sell his or her existing home;
• Include a list of fixtures and other items that you do not wish to leave behind for the buyer;
• Delete or amend warranties in favour of the buyer that, for example, all appliances are and will be
in good working order on closing.
Post-Acceptance Stage
After the seller accepts the offer, your lawyer can help:
• Explain the process of completing the transaction;
• Provide you with a checklist of things that you need to do, such as contacting the municipal tax department
and utility companies, and cancelling your home insurance after closing;
• Respond to any problems that the buyer’s lawyer discovered through his or her title and other searches;
• Prepare closing documents, including the Deed and Statement of Adjustments;
• Request a statement from your mortgage lender showing the amount needed to pay off your mortgage
on closing;
• Calculate the amount of money you will receive from the sale, after deducting the amount needed to pay off
any existing mortgages, real estate commission, government fees, legal fees, and other costs;
• Meet with you to explain the documents that you will have to sign.
Closing and Post-Closing
On the day of closing and after closing, your lawyer can help:
• Deliver the house keys and other closing documents to the buyer’s lawyer;
• Receive and check the money due from the buyer;
• Close the transaction;
• Send the funds needed to pay off any existing mortgage to the mortgage lender;
• Send any outstanding real estate commission to your realtor;
• Report to you;
• Follow up with the mortgage lender that the mortgage has been deleted from title to the property, report to you
and the buyer’s lawyer that the mortgage has been deleted.
Your lawyer is the quarterback of your transaction. It is wise to engage the services of a lawyer early on
in the process.
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