Real Estate

Jonathan Quaglia and Joe Amelia are the lawyers responsible for managing our real estate practice area.

Whether you are a farmer, a seasoned commercial investor or a first-time homebuyer, they will work with you step-by-step to ensure you are kept informed throughout your real estate transaction.

Jonathan and Joe will make contact with you early on, either in person or over the phone, to explain the steps to be taken to ensure your transaction closes on time and on budget. 

The J. Quaglia Law team has more than 20 years of experience managing real estate transactions.  We have strong relationships with all of our local realtors, mortgage specialists, surveyors, insurance companies, various Municipal officials, and Registry Office staff. We rely on these relationships and our years of experience to navigate through unexpected issues that may arise, in order to ensure that your experience is as positive as possible. 

To speak with the real estate law clerk, please call 519-352-8580 ext. 103


Areas of Real Estate expertise:

  • Drafting Agreements of Purchase and Sale
  • Farm Transactions and Refinancing
  • Severances and the Creation of Easements
  • Residential Purchase and Sales
  • Cottage Purchase and Sales
  • First Time Homebuyers
  • New Home Purchases
  • Commercial Transactions and Refinancing

What does the homebuyer need to know?

Every real estate transaction is unique. Either Jon or Joe will discuss with you (by phone or email) the steps involved in your transaction and our best estimate of the cost of closing your transaction.

It’s important that you bring us into the negotiation as soon as possible so you have a clear understanding of the full amount of money you need to complete your transaction.

You should make arrangements with the utility and insurance companies.

Most of all, please ask us any questions you may have about the process.


The Process of a Real Estate Purchase

Agreement of Purchase and Sale

Purchasers often work with a realtor through the process of viewing properties, inspecting properties, and drafting Agreements of Purchase and Sale (APS). In some cases, individuals verbally work out the terms of an agreement and hire J. Quaglia Law to draft their APS. Lawyers are well trained to draft or review an APS.

Waiving Conditions

An APS becomes binding once the conditions have been waived. Those conditions might be financing, the sale of a house, or a home inspection. Waiving conditions is a serious step. As a Purchaser, you should only waive the conditions in the APS when you are certain you are in a position to close the transaction.

Discussions with Lawyer

As a Purchaser, it is important to hire a lawyer as early as possible. Our first meeting can be in person or by phone, and will include you sharing your identification, contact information, and information about your financial institution and home insurance company.

We will also finalize whose name(s) will be on the title to the property. You will be encouraged to make arrangements to take over the existing utility accounts (gas, electricity, water, etc.). At this point, we will usually be able to give you an estimate of the legal fees, disbursements, and land transfer tax that you will have to pay at closing.

Purchasing from a Builder

Purchasing from a builder presents some unique issues. We encourage you to review the Tarion website: www.tarion.com

Tarion:

  • Administers special rules that apply when buying from a builder, specifically delays in closing
  • Provides new home buyers with insurance for the quality of the build
  • Provides a dispute resolution service for issues that arise when buying from a builder

Note: Unlike when purchasing a used residential home, HST applies when buying a new home from a builder.

What is the Lawyer’s responsibility?

Legal teams have many duties in a real estate purchase, including:

  • Arrange to have all court orders, mortgages, life interest, cautions and other liens on the property removed from the title.
  • Search the Sheriff’s office to ensure no liens affect the property.
  • Search the tax records to ensure no liens affect the property.
  • Review the draft transfer of title documents to you.
  • Prepare your mortgage documents according to instructions of your financial institution.
  • Purchase your title insurance package.
  • Work with the seller’s lawyer to determine the amount payable on closing.
  • Prepare financial statements detailing your costs on closing.
  • Collect money from you and your financial institution.
  • Pay the seller the amount due on closing.
  • Register your deed and mortgage.
  • Obtain and release your keys to you.
  • Report to you and provide you with all documents required to close your transaction.

We work hard to make this a positive experience for you!

Questions? Get in touch with our knowledgeable real estate team.