Finance and Real Estate Law

The real estate and finance law team at Sunmark Law Professional Corporation is able to handle a wide array of transaction and legal issues. These include:

  1. Residential Real Estate Purchase and Sales
  2. Commercial Real Estate Purchase and Sales
  3. Residential and Commercial Leasing
  4. Mortgages and Refinancing
  5. Private mortgage transactions for private lenders and borrowers

Our lawyers provide hands-on service and are always a short phone call or email away from personally addressing your concerns and communicating with you.

Sunmark Law is fully equipped to assist you with an array of property-related legal concerns. Call today to schedule an appointment and learn more.

Residential Real Estate Purchase and Sales

For most of us, buying or selling a home is very exciting, but it’s also one of the largest financial transactions of our lives. Due to the financial and legal factors involved, if you are contemplating entering into, or are in the midst of, a real estate transaction, you should consult with a lawyer right away.

Protecting Your Interests

If you plan to buy your first home, trade up to a larger home, or downsize now that your children are out on their own, Sunmark Law can provide you with insight and legal guidance from start to finish.

If you’re a buyer or seller, Sunmark Law can:
  1. Explain the terms of your agreement of purchase and sale
  2. Ensure that your agreement of purchase and sale properly protect your interests
  3. Protect you from hidden liabilities with respect to your new home
  4. Review real estate documents that relate to your title, mortgage, and taxes
  5. Draft all legal documents required for the seller to sign
  6. Correspond and require the seller’s lawyer to address any issues
  7. If you have a mortgage, we will represent the bank and you simultaneously to complete the mortgage transaction and ensure you have funds on closing
  8. Register title documents pertaining to your real estate transaction
  9. Attend your closing, address your questions and provide sound advice
  10. Ensure that you possess valid ownership documentation and report to you
If you’re a seller, Sunmark Law can:
  1. Explain the terms of your agreement of purchase and sale
  2. Ensure that your agreement of purchase and sale properly protect your interests
  3. Respond to all correspondence and requests from the purchaser’s lawyer
  4. Draft all legal documents required for the transaction
  5. Payout all outstanding mortgages and other debts on closing
  6. Ensure that you receive in full the sales proceeds
  7. Draft a closing report to you

Commercial real estate purchase and sale transactions includes a level of complexity well above and beyond residential transactions. It is important to retain a lawyer early in the process in order to protect your interests and ensure a timely closing.

Sunmark Law has expertise in a wide array of commercial property, such as retail buildings, office buildings, industrial buildings, commercial condominiums and mixed-use buildings.

Some of the services we provide include the following:

  1. Provide you with advice and guidance on navigating a commercial real estate transaction
  2. Negotiating and explaining your agreement of purchase and sale
  3. Conduct due diligence on the property (ie. title search) and require other side’s lawyer to address our concerns
  4. Draft and explain to you all of the documents required to close the transaction
  5. Represent and/or work with any banks from which you require a mortgage
  6. Correspond with the other party’s lawyer and respond to any issues or concerns
  7. Close the transaction in an efficient and cost-effective manner

As commercial estate transactions are generally complex and deal with issues that are unique to the transaction, please contact us for more information.

 

Sunmark Law can assist you in both drafting and reviewing leases, and we will make it a priority that you understand what you are signing. A real property lease is an important document and is the foundation of a lengthy and significant relationship between a landlord and a tenant. Responsibility and liability between landlords and tenants flow both ways, and to ensure that this relationship starts on the right path, it is important that all parties understand the lease and make an informed decision to enter into it.

Lease Review and Negotiations

There is no such thing as a “standard” lease, and it is important for businesses and individuals who intend to lease property to have the lease reviewed carefully by an experienced lawyer. More often than not, landlords will be willing to negotiate terms in their “standard” lease. For businesses, this is especially important since the lease will likely be your most significant expense and tend to be highly complex with many hidden and costly terms which were not likely discussed during your initial lease negotiations. We will review your lease in full, explain to you all of its terms and help you negotiate any changes you may require.

Lease Drafting and Negotiations

If you are renting out a residential or commercial property, it is important to make sure that the lease is tailored to your needs and protects your interests. We will consult with you, advise you and draft a custom lease that reflects your unique circumstances. We will also assist you in all negotiations with the prospective tenant and/or her lawyer.

Mortgages and Financing

If you own residential or commercial real estate and wish to borrow against the property and/or refinance an existing mortgage, Sunmark Law can assist you in representing you and the lender (ie. a bank) if necessary. We will conduct due diligence on behalf of the lender as required, draft and review all documents and close the transaction in a timely and cost-effective manner.

Sunmark Law has significant expertise in representing both private lenders and borrowers for private mortgages. In Ontario, private mortgages require independent lawyers to represent the lender and borrower unless the loan principal is less than $50,000.

Private Lender Representation

Some of the services Sunmark Law can assist a private lender includes, as an example, any or all of the following:

  1. Advise on, draft, negotiate and/or review the mortgage commitment
  2. Conduct due diligence on the mortgaged property
  3. Advise on, draft, negotiate and/or review all legal documentation required to close transaction
  4. Correspond with the borrower’s lawyer and address all issues and concerns
  5. Receive mortgage loan advance from you and disburse funds as directed by borrower
  6. Ensure mortgage (ie. the charge) is properly drafted and registered in the correct priority on title
  7. Close the transaction in a timely and cost-effective manner
  8. Draft a report to you post closing.
Borrower Representation

Some of the services Sunmark Law can assist a borrower includes, as an example, any or all of the following:

  1. Advise on, draft, negotiate and/or review the mortgage commitment
  2. Correspond with the lender’s lawyer and address all issues and concerns
  3. Explain, negotiate and/or review all legal documentation required to close transaction
  4. Receive mortgage loan advance from the lender and disburse funds as directed by you
  5. Payout any outstanding debts as required by you and/or the lender
  6. Assist in removing any executions and/or liens as required by the lender
  7. Close the transaction in a timely and cost-effective manner
  8. Draft a report to you post closing.

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