Buying a freehold or condo checklist

Here is a list of things that should be included in your contract of services to be performed by your lawyer when you make condominium or freehold home purchases:

  1. Review executed agreement of purchase and sale. Drawing or negotiating agreements or other negotiating will involve an additional fee,
  2. Investigate title, make requisitions on title and or other matters recited in the agreement,
  3. Search for arrears of realty and all other taxes and rates constituting statutory liens,
  4. Advise on the applicability of HST legislation
  5. Search for executions (judgements against the seller or the buyer)
  6. Review the transfer (deed) and prepare the charge (mortgage), either a vendor take-back mortgage or a mortgage when a lender provides the funding,
  7. Review statement of adjustments and arranging title insurance if applicable,
  8. Subject to the use of title insurance make such examinations of survey (if available) or zoning, building bylaws, and work orders as is necessary and reasonable,
  9. Answer any questions of purchaser relating to title, zoning and statement of adjustments while attending to execution of documents;
  10. Arrange for closing, giving opinion on title of the property and provide title policy, reports and all other related services.

Add the following for a condominium purchase:

  1. Advise client on how to review condominium documents;
  2. Check the description; verify there’s a a place to park, if applicable,
  3. Obtain and review status certificate from condominium corporation,
  4. Examine condominium unit plan, if available.