Real Estate Sale

When you are selling your home, it is wise to involve your lawyer before you sign your name to an offer from a prospective purchaser. You should be aware of the nature and effect of any condition included for the benefit of the purchaser and anything in the agreement of purchase and sale (the “APS”) that could affect the timing of closing if you are depending on the proceeds of sale to be available by a certain date. If you are selling your home privately, Jebreen & Walsh LLP is prepared to draft your APS and protect your interests. However, it is not unusual for our clients to retain us after an offer has been accepted where an experienced real estate agent has helped in the negotiation of the terms of the APS.

In any case, the first step we will take is to ask you to come to our office for an initial meeting to review our retainer agreement, get to know you, verify your identity as required by Ontario law, discuss the details of your sale, review sale conditions, discuss payments to be made from the proceeds of sale, and answer any questions you may have.

Our primary role in a sale is to coordinate with the purchaser's lawyer to ensure that the terms of the APS are met, that the correct amount of money (or other valuable consideration) changes hands, and that you are able to freely transfer your property. Generally, the purchaser's lawyer will investigate title to the property and “requisition” corrections to any problems they discover. We will help you determine which, if any, of these requisitions you will be required to address in order to close the deal. Discovered defects can vary widely in degree of severity and difficulty to correct.

On closing day we will exchange documents with the purchaser's lawyer and provide your keys to be held by the purchaser's lawyer until the transaction closes. Once we receive the closing funds, we will register the transfer from you to the purchaser and make payments as required to the holder of your previous mortgage/charge and any other party that must receive payment before providing you with the remainder.