Buying or Selling a Home

​Buying or Selling Your Home

 
So you have made the decision to buy a home or sell a home, or maybe you are considering doing so.  Whether it is an acreage, apartment style condo, townhouse, a house or anything in between, there are a large number of legal considerations, and it is important to have a general understanding of the process of negotiating, forming and closing the contract for the buying and selling a home.
From a contract law perspective, a typical home purchase and sale can be divided into two stages:

1. Contract Stage in which you negotiate and enter into an agreement, attend to your due diligence and if appropriate waive / remove your subject to’s; and
2. Conveyancing Stage in which lawyers typically are involved to [a] prepare the legal documentation and related steps for transferring title to the buyers the seller, including trust conditions and related documents which permit the buyer to register a mortgage before its paid; [b] preparing mortgage documentation and complying with instructions [tax searches, title searches, insurance etc.] provided by the buyer’s lender.

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