Buyers and sellers: 10 ways a real estate lawyer can help you

Owner or tenant, home buyer or seller, anyone could end up in need of help from a real estate lawyer. Here are ten ways they could assist you.

It simply doesn’t occur to many Canadians to consult a lawyer when buying or selling a property. But the expert advice of a real estate lawyer can make all the difference in settling some property issues. Real estate law varies from province to province, and all real estate transactions are not the same. Here are some examples in which a real estate lawyer can be particularly helpful.

• Planning to buy a property in another province or country.
• Buying a commercial property.
• Buying a property that could have possible structural problems.
• Thinking of buying a building in an area high at risk for floods, toxicity levels, radon, and the like.
• Dealing with a hidden defect (or latent defect) in a property he or she recently purchased.

• Selling a poorly maintained property.
• Jointly inheriting a house which the other heirs do not wish to sell.
• Selling a property jointly owned with a partner who causes problems and delays.
• Selling a commercial building.

Perhaps you have a friend or a cousin who practices law and you think that he or she might help you for free or at reduced rates. However, don’t forget that real estate law requires a specific body of knowledge and that there are even specializations within this area of the law. If your friend or cousin doesn’t specialize in real estate law, it is a good bet that his or her help will be very limited.

In addition to buying and selling residential and commercial properties, real estate lawyers can offer you a wide range of services. Here are ten of them:

1. They can prepare correspondence to be sent to your tenants.
2. Negotiate and draft your commercial leases.
3. Ensure your rights as a commercial tenant.
4. Deal with zoning regulations.
5. Assist you concerning the law and your obligations during the construction of a new property.
6. Negotiate with the municipality on questions concerning fire and building code compliance issues.
7. Defend your rights in the event of an expropriation.
8. settle any conflicts with your landlord or tenant.

Your property is probably your largest material asset, and you’re justifiably proud of it. A real estate lawyer will be your best ally in taking good care of it.