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Purchases, Sales, Mortgage Refinances and Title Transfers

The Role of the Lawyer

  • To investigate matters of title to the land described in the agreement of purchase and sale; to inform and advise you in connection with searches and enquiries;
  • To provide you with a "title opinion" or alternatively to arrange for a policy of title insurance;
  • To complete the closing of the transaction according to the terms of the agreement of purchase and sale and your instructions.
  • To prepare and register the mortgage and to report to the mortgagee according to the mortgagee's instructions.

The Role of Other Professionals

A lawyer is only one of several professionals available to you in completing your real estate purchase. Depending on the circumstances, you may decide to retain a surveyor, environmental consultant, and a home inspector. In addition, you will need to seek the advice of an insurance broker.

The “Product” of the Lawyer’s Searches and Advice: “Title Opinion” or “Title Insurance”

After the successful completion of your purchase, we will provide you with either a solicitor’s title opinion, or a policy of title insurance.  These are alternative methods of providing you with assurance about the title to the property that you are purchasing.  We recommend that a title insurance policy be issued for all real estate transactions because in our view it provides better protection than a “title opinion”.  The cost is small in terms of the protection granted, and is offset by the savings in expenses that will be incurred if a “title opinion” is obtained.

Real Estate: Links of Interest

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