Real Estate Law

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Buying or Selling a Home
Refinance Mortgage
Ownership Transfer
Private Mortgage

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We work very hard to understand our clients’ goals so that we can deliver professional advice and timely legal results.

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Real Estate Law

The purchase and sale of residential properties often represents the most financially significant transactions that an individual will be involved in throughout his or her lifetime. Therefore, it is important to work with a trusted legal professional who will ensure that your interests are protected at closing, and beyond. Some law firms treat residential real estate transactions with an assembly-line approach, which risks important details being missed. Details missed at the time of purchase can become significant problems when the property is later sold. Lawyers at Bykov Empel Law are committed to providing their clients with personal and customized approach and service.

Whether you are buying or selling a home, transferring title, or financing or refinancing a residential mortgage, we can answer your questions and deal with any legal challenges as they arise. We will work to protect you from future legal troubles related to your property through careful investigation and examination of all aspects of your real estate transaction.

Transactions involving properties such as cottages, farms, condominiums and vacation properties involve special considerations that our lawyers will navigate to ensure that the closing runs smoothly. Bykov Empel Law offers the necessary expertise in real estate area, and we pride ourselves on providing individualized care and attention to each file from start to finish. Our focus is on protecting our clients’ interests leading up to, and beyond, the closing date.

There is a wide range of real estate considerations when planning or administering an estate. It is important to address them early on, since waiting too long may have the effect of limiting available options. Similarly, there are many family situations that can involve real estate transactions, including transfer of property as part of a divorce settlement or as a gift to loved ones. At Bykov Empel Law, we keep these considerations in mind and provide a comprehensive approach to our clients’ needs.

We regularly act for clients who are either purchasing or selling their condominium units, townhouses, semi-detached and detached homes. We know that real estate transactions could be a major moment in the lives of our clients, so our real estate law team works hard to ensure that our client’s closings are as seamless as possible. We always try to take care of our clients in every step of their way by being accessible by phone and email and answering any questions that come up prior to or on closing date.

Our team at Bykov Empel Law has extensive experience in drafting, negotiating and reviewing offers and agreements of purchase and sale. We stay up to date on the latest developments, laws and regulations, and provide our clients with a solution that fits their individual needs.

Our real estate law team is well versed in all aspects of real estate law in Ontario and has years of experience in this area. We regularly work together with real estate agents, insurance and mortgage brokers to ensure that our clients’ transactions are completed efficiently and stress free.

We regularly assist clients in refinancing their homes or investment properties. We have experience dealing with all of Canada’s leading financial institutions, including banks, credit unions, or secondary market lenders. Our real estate law team understands that our client’s homes are often their greatest investment; therefore, we strive to simplify the process and ensure our clients’ transactions are carried out as smoothly as possible.

Our real estate law team is called on regularly to by both lenders and borrowers to complete private mortgage transactions. Private mortgages are often more complex than traditional mortgages, so it is our priority to conduct a thorough due diligence. When representing a borrower, we ensure that mortgage terms and conditions are appropriate and fair in a specific client’s situation.

When representing a private lender, it is our job to ensure that their investment is safe and risk-free. To do this, we perform extensive checks on a borrower and their secured property to ensure that nothing unforeseen occurs that could jeopardize our client’s investment.

At Bykov Empel Law, we regularly act for clients in residential leasing matters. This includes drafting and negotiating lease agreements on behalf of both landlords and tenants. We provide our clients with the most practicable solution that fits their individual needs. For simple leases, we use the same forms that are used by real estate agents across Ontario, which have been vetted by a team of experienced real estate lawyers. More complex transactions call for more complex lease agreements that we regularly prepare and negotiate on behalf of our clients.

At Bykov Empel Law, we have extensive experience in all aspects of condominium law in Ontario. Our range of services include review of status certificates and estoppel certificates for prospective buyers, review of condominium disclosure documents for new developments, negotiation of agreements of purchase and sale with condo developers to minimize our clients’ closing costs, review of reserve fund studies, et cetera. In most situations, we have the necessary experience and tools to examine the situation and proceed in the proper direction to achieve our clients’ desired goals.

Commercial Real Estate Law

At Bykov Empel Law, we regularly act for clients purchasing and selling commercial real estate in Ontario. We have experience with retail, commercial, industrial, mineral and agricultural properties. When acting for purchasers, we perform a thorough title search to ensure our clients understand what type of encumbrances are registered on title, including easements, rights-of-way, site plan control agreements, subdivision agreements, restrictive covenants, by-laws, etc. In addition, we perform several off-title searches, such as zoning, building and fire department, electrical safety authority, conservation authority, hydro one, technical standards, among others. Title and off-title searches help us ensure that there are no surprises for our clients post-closing so that they can make informed decisions.

When our clients purchase a property from a corporate seller, we perform corporate searches, including corporate status and bankruptcy search, and require the vendor corporation provide our clients with the proper corporate resolutions authorizing the sale.

In a case of a sale, our services include corresponding with mortgage lenders and arranging for discharges of mortgages, reviewing and negotiating draft closing documents, working with real estate agents, and arranging for payment of any outstanding commissions.

We regularly assist our clients who purchase commercial real estate to obtain, negotiate and complete financing. For example, we can provide private mortgage services to our clients looking for private financing for the commercial real estate properties.

Our services include preparing and negotiating lending documents with lenders’ lawyers, fulfilling financing requirements and acting as escrow agents for lenders and borrowers. We also review commitment letters for our clients and provide constructive feedback on what their options are.

We have a depth of experience drafting and negotiating commercial leases on behalf of our clients. We truly believe that every commercial lease entered into must be drafted specifically to address the needs of a particular landlord and tenant in a specific situation. Whether the lease is for a retail, commercial office, or industrial space, we will approach the lease negotiation and drafting in a manner appropriate for that situation.

We are often called on by mortgage lenders who are dealing with borrowers in default of their obligations. When taking steps to enforce a mortgage, there are different approaches that can be selected, mostly commonly either foreclosure or power of sale. Depending on the option selected by the lender, the outcome can be different. By taking the time to understand our client’s goals and intentions, we assist them in selecting the appropriate enforcement route that best meets their needs.

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