Real Estate
Working Group on Lawyers and Real Estate’s documents for the purchase of a condominium
The Working Group on Lawyers and Real Estate has established a sub-committee to consider the work undertaken in the purchase of a condominium. The Subcommittee is working on various documents to assist real estate lawyers and their purchasers in a resale condominium transaction and intend to consult with and obtain a broad range of comments… Read More »
Categories: Real EstatepracticePRO Resource: Sample real estate retainer letter
TitlePLUS has on its website sample forms, letters and reports for the use of real estate lawyers. Among the useful documents there is a sample real estate retainer letter. It is provided for your consideration and use when drafting your own versions of these respective documents. It is not meant to be used “as is”…. Read More »
Categories: Law Practice Management, Real EstateBuying together doesn’t have to mean equal shares
Statistics Canada reported, in the fall of 2012, that the number of Canadian households headed by unmarried couples is at an all-time high. As families change, so do views about property. Fewer Canadians now see marriage as a prerequisite to home ownership. But many aspects of property law reflect a time when marriage was more… Read More »
Categories: Real EstateLimitation period clarified for family law constructive trust claims
The concept of constructive trust has long been used, in family law, to support the awarding of an interest in property to a common-law spouse who is not on title. While the concept of the matrimonial home exists to ensure that married spouses share in the family home on marriage breakdown, the matrimonial home rules… Read More »
Categories: Family Law, Real EstateFailing to deliver title insurance opens up a number of risks
Hundreds of real estate malpractice claims find their way to LAWPRO every year. Some involve complex and exotic fact situations, but many do not. At the heart of most claims is the lawyer’s failure to deliver something the client has requested or expected. Where the deliverable is at the heart of the deal − keys… Read More »
Categories: Real EstateRequisition: A process, not just a letter
By definition, a requisition is the act of formally requiring or calling upon someone to perform an action. However, one cannot demand performance without fully knowing what to request. Requisitions are not merely a means of communication between two parties but a process by which matters requiring attention, such as defects in title, are investigated… Read More »
Categories: Real EstateProtect yourself with a Purchaser’s Waiver of Title Insurance
In Ontario, Rule 2.02(10) of the LSUC Rules of Professional Conduct requires lawyers to discuss title insurance with their clients and advise the clients that title insurance is not mandatory. Clients can either choose to purchase a title insurance policy or to rely on the lawyer’s opinion on title. All too often, LawPRO sees claims… Read More »
Categories: Real EstateRisk management resources on the new TitlePLUS website
TitlePLUS has just launched a revamped website at www.titleplus.ca that includes new features and intuitive drop-down menus. There are also some great resources for real estate lawyers and their staff that will help reduce claims exposure, including sample retainer and reporting letters – two important risk management tools. The documents you can use and adapt… Read More »
Categories: Real Estate