What Kind Of Real Estate Legal Services Do You Need?

October 30, 2019 | Published by

When it comes to real estate legal services, most people think of the transfer of legal title of property – also known as the process of conveyancing

During conveyancing, a real estate notary or lawyer will perform tasks such as registering the mortgage, conducting a title search, and preparing the statement of adjustments. While notaries public and real estate lawyers perform similar tasks in conveyancing, the former cannot provide legal advice.

This means if you run into any legal complications, only a lawyer can represent you in court if legal issues arise. Since both notaries and lawyers can charge similar fees, for complicated transaction, you may want to employ a lawyer for access to their counsel.

What are the real estate legal services you may need from a lawyer?

Unlike a notary public, a lawyer will be able to take legal action on your behalf to help deal with:

  1. Anticipatory breaches
  2. Misrepresentations
  3. Failure in complying with completion dates
  4. Other real estate-related complications

You can find out more about these real estate legal services, below.

What are anticipatory breaches?

An anticipatory breach occurs when one party shows an intention to not fulfill a contractual obligation. In this case, a lawyer will sue for damages or treat the contract as subsisting – we highly recommend the legal counsel of our staff at Morris Law before taking any action.

What is a misrepresentation?

A misrepresentation occurs when an untrue or misleading statement is made during negotiations. Depending on the situation, the misled party may have options to rescind the contract and/or be awarded damages.

What do you do when there is a failure to comply to completion dates?

Just as with the scenarios above, failure to comply with previously agreed-upon dates can constitute a breach of contract. You will need a real estate lawyer to provide counsel on how to best proceed.

With anticipatory breaches, misrepresentation or failure to comply with completion dates, mistakes can be made on either the buyer or seller’s part even without malicious intent. When you work with Morris Law, we ensure that these mistakes are caught and addressed properly, without the need to bring in a third party.

Why hire a real estate lawyer?

A realtor and a lawyer have access to different information, and employing the services of a lawyer can help you avoid potential issues down the road. Our lawyers are not only aware of real estate issues, like taxes imposed on foreign buyers, but are also able to provide you with legal counsel.

Our lawyers are trained to all aspects of real estate law. Whether you are a first time home buyer, property developer, commercial owner or an existing homeowner looking to sell or renovate your family home, we are here to help. Contact our lawyers for real estate legal services today.