What does a Property Lawyer Do? Guide to Real Estate Lawyers

Whether you’re acquiring a property or selling one, you’ll need the professional services of a real estate lawyer to protect your interests and ensure that all legalities are observed. 

The real estate lawyer’s role is to review documents and offer advice on the legal implications of any proposed transaction regarding your properties. If you have the right real estate lawyer by your side, you can avoid any legal problems that could come up during your real estate deal.

Why It’s Important to Have Your Home Lawyer

If you are buying or selling property, it is essential to have a real estate lawyer who can protect your interests and help ensure that the transaction goes smoothly.

Some of the most common real estate problems people encounter because of a lack of legal advice are:

• Zoning and land use disputes
• Problems with the title of the property
• Mortgage problems
• Disputes with neighbours

A real estate lawyer can advise you on avoiding these problems and dealing with them if they arise.

What Do Real Estate Lawyers Do?

Real estate lawyers handle many legal issues, including purchase and sale agreements, mortgages, title disputes, landlord-tenant law, zoning and land use, homeowners’ associations, and eminent domain.

Real estate lawyers can also represent either buyers or sellers in a transaction. They often draft and review documents such as purchase agreements, mortgages, and deeds. A real estate lawyer may negotiate transaction terms for their client.

In addition to helping clients with transactions, real estate lawyers also handle other legal matters relating to property ownership. This can include handling evictions, drafting leases, resolving disputes, etc.

Hiring a Real Estate Lawyer in Canada

Real estate laws differ in every province, so it’s important to hire a real estate lawyer who is familiar with the laws in your province.

In Ontario, for example, real estate lawyers must have a law degree and be members in good standing of the Law Society of Upper Canada.

Some lawyers may also have additional certification from the Canadian Bar Association’s National Committee on Accreditation. This certification is not required, but it does show that the lawyer has taken extra steps to stay up-to-date on changes in real estate law.

When you’re ready to hire a real estate lawyer, start by asking for referrals from friends, family, or other business professionals who have recently purchased or sold the property. You can also search online for lawyers focusing on real estate law in your province.

Once you have a few lawyers to choose from, schedule a consultation so you can learn more about their experience and how they can help you with your specific situation. Ask about their fees and whether they offer flat-rate pricing or hourly billing.

You should also bring any relevant documents, such as the purchase agreement, to the consultation so the lawyer can review them and offer advice on the legal implications of the transaction.

Realty Lawyer Green Flags

So how exactly do you find a suitable property lawyer out of all the real estate attorneys in Canada?  Here are some key qualities to look for:

• The lawyer should have experience handling real estate transactions in your province.
• The lawyer should be a member in good standing of the Law Society of Upper Canada.
• The lawyer should offer flat-rate or hourly billing, so you know exactly how much the legal services will cost.
• The lawyer should be able to provide references from other satisfied clients.

Hiring a real estate lawyer is an important decision, but it doesn’t have to be complicated. If you keep these green flags in mind, you can be sure to find a property attorney who will protect your interests and help make your real estate transaction go smoothly.

What To Expect From Your Realty Lawyer

Once you’ve hired a property lawyer to handle all your  legal needs, you can expect them to:

• Review all relevant documents, such as the purchase agreement, to ensure no legal implications.
• Assist with negotiating the terms of the transaction on your behalf.
• Help resolve any disputes that may arise during or after the transaction.
• Draft and review documents such as purchase agreements, mortgages, and deeds.
• Offer advice on any other legal matters relating to property ownership, such as evictions, leases, etc.
  Since we’re clearing up expectations here, it’s also good to know what not to expect from your lawyer. Some services that are related to real estate but are outside the scope of work for a real estate lawyer include:
• Home inspections
• Appraisals
• Mortgage financing
• Title insurance

While your legal lawyer can’t provide these services, they can refer you to other professionals who can help you with your real estate transaction.

The Bottom Line

When buying or selling a piece of real estate,  it’s essential to have a real estate attorney on your side to protect your interests and ensure the transaction goes smoothly. Real estate laws vary by province, so be sure to hire a lawyer familiar with the laws in your province.  And when you’re ready to hire a lawyer, don’t forget to ask for referrals, search online, and schedule a consultation to find the best fit.

At Real Estate Lawyer Surrey, we understand the importance of having a real estate lawyer you can trust. We have a team of experienced and knowledgeable lawyers who are familiar with the laws in your province and are ready to help you with your real estate transaction. Contact us today or visit our website to schedule a consultation.

Frequently Asked Questions