LAWYERS

The following is a list of lawyers and contact numbers that handle real estate transactions. You may want to check the yellow pages, or with friends and relatives, as they may be able to refer you to someone they have experience with.

Included below is information on what lawyers do and do not do on a real estate transaction. You may want to read through this to familiarize yourself with what to expect from the lawyer you choose. It may also prompt you to ask specific questions when you are choosing a lawyer.

Jones Emery Hargreaves Swan
1212-1175 Douglas Street
Victoria, B.C. V8W 2C9
Telephone: 250-382-7222 Fax: 250-382-5436
Email: lawyers@jonesemery.com

Windsor Law Group
#200-931 Fort Street
Victoria, B.C. V8V 3K3
Telephone: 250-385-6004 Fax: 250-385-6008
Email: heather@windsorlawgroup.com

Brock Emberton
#317-877 Goldstream Avenue
Victoria, B.C. V9B 2X8
Telephone: 250-391-7777 Fax: 250-474-0802
Email: brock.emberton@embertonlaw.com

Shaw Sauder
#402-612 View Street
Victoria, B.C. V8W 1J5
Telephone: 250-386-4121 Fax: 250-386-5585
Email: shaw_sauder@telus.net

McConnan Bion O'Connor Peterson
#420-880 Douglas Street
Victoria, B.C. V8W 2B7
Telephone: 250-385-1383 Fax: 250-385-2841
Email: info@mcbop.com

Browne Associates
1633 Hillside Avenue
Victoria, B.C. V8T 2C4
Telephone: 250-598-1888 Fax: 250-598-9880
Email: browne@btlaw.bc.ca

Mullin & Demeo
1626 Garnet Road
Victoria, B.C. V9P 3C8
Telephone: 250-477-3327 Fax: 250-477-0980
Email: lawyers@mdlawcorp.com

WHAT LAWYERS DO ON A REAL ESTATE TRANSACTION ON A PURCHASE:

1. Review the Agreement of Purchase and Sale and advise of potential problems, if any.
2. Conduct a Search of Title and obtain copies and review all registered documents and encumbrances including: Easements, Statutory Rights of Way, Covenants, Building Schemes, Subsurface Rights, Liens, Judgments, Mortgages (if being assumed), Notices, Subdivision Plans, Strata Plans, Bylaws, and all other relevant encumbrances and documents.
3. Determine how the Purchaser wishes to take title to the property (that is as joint tenants or tenants in common).
4. Determine whether exemptions or rebates apply concerning the Property Purchase Tax or G.S.T.
5. Contact the Mortgage Lender and upon receiving Mortgage Instructions review them, and determine any special requirements.
6. In many cases the banks require a survey certificate (if an existing one cannot be located), one will be ordered if necessary.
7. Contact Municipal Property Tax Department, Water Department, and obtain current information for preparation of a Statement of Adjustments (which are the respective credits and debits between the Purchaser and the Vendor).
8. Calculate the Property Purchase Tax, G.S.T., Municipal Property Tax Adjustment, Water account arrears, tenants damage deposits (including interest), accrued interest to be deducted from the Mortgage funds, disbursements and Land Titles Office charges.
9. Prepare the Purchaser's and Vendor's Statement of Adjustments, Conveyance and Mortgage documentation.
10. Forward the Vendor's documents to Vendor's lawyer for signing and return.
11. Meet with the Purchasers for review and signing all documentation as required.
12. Obtain from the Purchasers a certified cheque or bank draft which when added to the Mortgage proceeds will be sufficient to cover all purchase costs involved.
13. Submit transfer and Mortgage documents for registration at Land Title Office after conducting a pre-registration title review to ensure no further encumbrances have been registered since the initial title search.
14. Prepare preliminary report and forward copies of mortgage documents and registration particulars to the Mortgage Lender and receive Mortgage proceeds.
15. Arrange for payments of funds on closing day and removal of all objectionable encumbrances to be removed from title and receive confirmation of their removal.
16. Interim report to the Purchaser.
17. Final report to the Purchaser and Mortgage Lender with copies of documents and State of Title Certificate.

WHAT LAWYERS DO ON A REAL ESTATE TRANSACTION ON A SALE:

1. Review the Agreement of Purchase and Sale and advise of potential problems, if any.
2. Conduct a Search of Title, in order to determine which registered encumbrances such as mortgages (not being assumed), judgments, tax liens, builders liens, notices and other encumbrances, must be paid out or dealt with and discharged from title.
3. If rental property, prepare notice to tenant (if necessary) to vacate property.
4. Obtain mortgage assumption or discharge statement from Mortgage Lenders.
5. Receive and review transfer documents received from Purchaser's Lawyer including, Vendor's Statement of Adjustments (showing debits and credits for Vendor and Purchasers for such items as Purchase Price, Municipal Property Taxes, Water Account, Tenants Damage Deposits, Real Estate Commissions, Deposits and Mortgage assumption), Transfer of Title, Condominium Certificates (if strata title) and Statutory Declaration concerning Survey Certificate.
6. Discuss and clear any problems with the Purchaser's lawyer concerning title problems and accuracy of figures.
7. Arrange for clearance from Revenue Canada if Vendor is a non-resident of Canada.
8. Attend on the Vendor for review and signing of all documents including Vendor's Statement of Adjustments, Mortgage Payout or Assumption Statements, Mortgage Assumption Agreements, Transfer documents and lawyers account.
9. Return documents to the Purchaser's lawyer with appropriate undertakings as to payment of funds, clearing of mortgages and other objectionable encumbrances to be cleared from title.
10. Receive funds, pay mortgages and other items to be paid from proceeds, including back taxes, real estate commissions, and pay balance to Vendor as directed.
11. Prepare and forward Mortgage and other encumbrance discharge documents to Mortgage Lenders and other parties and register at Land Titles Office when returned.
12. Report to the Purchaser's Lawyer with discharge particulars when received from Land Title Office.

WHAT LAWYERS DO NOT NORMALLY DO
ON A REAL ESTATE TRANSACTION:

1. Do not see or visit the subject property.
2. Do not arrange for hydro, water, cable, oil, telephones or insurance to be connected, disconnected, put in place or cancelled.
3. Do not arrange for keys which are handled by the Realtor.
4. Do not check zoning or plans for the area.
5. Do not advise as to location of fences relative to the property boundaries.