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Real Estate Lawyers in Lethbridge, Alberta

The Bank of Canada’s recent rate hike got experts to think that there will be a cool-off period for the sizzling-hot real estate market. However, key players in the Lethbridge real estate market, such as Stephen Amonson of Ascroft Homes, think otherwise, saying there will be pauses. Then again, Lethbridge’s healthy market and balance have placed them in a good position. 

Real estate is one of the most popular investments. It’s stable, appreciates over time and is relatively easy to understand.

However, some people think they can dive right in, and they generally don’t know what they’re doing. This is a dangerous mistake. If you’re planning to invest in the Lethbridge real estate market, it’s best first to study it.

When you invest in real estate, you’re not just investing in a property. You also agree with the seller and the lender that it involves a lot of paperwork and legal obligations. You need to understand what each document means and how it affects your investment.

Many different factors, such as location and market trends, affect the value of a property and determine whether it will be profitable for investors. If you want to make sure your investment is successful, understanding these factors is very important. 

Unfortunately, buying or selling a property means more than just transferring the title. Some residential and commercial real estate transactions end in litigation. You don’t want this to happen. Therefore, it’s best to seek legal advice from a Lethbridge law firm.


As Featured in the Calgary Herald 

Diamond & Diamond’s Loni McDonough, who is a senior lawyer in the firm’s real estate division, explains how frequently she encounters restrictive real estate covenants in her legal practice. She says that some of these restrictions are funny and should be revisited.  

“Just because a lot of times they are dated, and they don’t make much sense for the community anymore. But I also see them concerned about amenity upgrades, and keeping their schools open, and potentially having future housing for themselves when they’re ready to downsize.” – Loni McDonough

Read all about it here


What does a real estate lawyer do in Lethbridge?

A law office that offers legal services helps people with the legal aspects of buying and selling properties. They provide various services, such as drafting contracts, reviewing documents and advising clients on their rights and obligations.

A real estate lawyer may also assist with legal matters related to managing rental properties. For example, they may help landlords draft leases for tenants or notices when tenants are behind on rent payments.

Lethbridge real estate lawyers often work closely with accountants and financial planners to ensure their client’s needs are met. They can advise how much money clients should save before they can buy a new home. 

You must ensure everything is in order when buying or selling a home. Otherwise, there could be legal issues once the transaction has been completed. If you’re not confident about entering into a contract involving real property, seek a real estate lawyer’s help.

A lawyer who practices real estate law must review all documents related to your purchase. This will make sure that no mistakes or information are missing that could create problems later. If you’re ready to reach out to a lawyer, call Diamond and Diamond Lawyers today. 

Their law firm can help commercial and residential real estate buyers and sellers. Their years of experience in corporate law, commercial law and other related areas of practice make them reliable. With their help, you can seamlessly buy that commercial property you’ve been eyeing. 

Image source: Unsplash 

What can real estate lawyers do for a buyer?

A real estate lawyer protects people who buy homes. They help you understand what you can and can’t do. They’ll also negotiate on your behalf to make sure that you’re protected from any legal issues that may arise in the future.

For example, if you haven’t properly paid your mortgage, and the bank wants to cancel the contract, your lawyer can help to negotiate the restructuring or refinancing of your property. 

If you’re the buyer, your real estate lawyer will also help you navigate all the paperwork. For example, they’ll make sure you’ve signed all necessary documents, such as loan documents and contracts, before closing the deal. They’ll also ensure that these documents are correct so that the transaction is smooth and that problems won’t arise later.

A buyer’s real estate lawyer will also help negotiate the price and the terms and conditions of the sale, such as whether any repairs must be made to the property before the transaction is completed. Throughout this process, they’ll make sure that the terms primarily benefit you and that everyone’s rights are generally respected.

The following are more specific ways in which a real estate lawyer can help a buyer: 

Legal representation

A real estate lawyer acts as the buyer’s legal representative before the court and the seller and other parties involved in the sale. Moreover, they’ll perform the following tasks: 

  • Draft agreements for buyers 
  • Answer questions about terms in the contract 
  • Review documents for accuracy and completeness 
  • Negotiate with other parties on behalf of the buyer
  • Work with lenders or other parties involved in the transaction 
  • Ensure compliance with financing requirements and environmental laws or regulations.

Ensure that the transfer is legal and binding

Making sure that the transfer of property is legal and binding is essential. Among other things, this means that the contract you’ve signed with the seller is valid and that you and the seller have agreed to the terms of the sale. A real estate lawyer will review all the paperwork and ensure everything is in order before you sign anything.

Write title insurance policies

A title insurance policy protects the buyer from unknown issues related to the property’s title, such as liens, unpaid taxes, mortgages or even undisclosed heirs. If any problems arise from these issues, a title insurance policy will protect you. It can also help protect you from losing money if something goes wrong during the purchase.

Complete the title searches on the property

A title search ensures that there are no liens, easements or other encumbrances against the property. It also verifies that no one else has an in the property, allowing you to use it without any restrictions.

Once your real estate lawyer completes the title search, they will prepare a title insurance policy for you to review. This policy will protect you against any claims arising after purchasing the property.

Handle the transfer of funds for the purchase

The buyer usually pays the seller a lump sum payment. However, depending on the situation and the amount that’s involved, it can be divided into multiple payments. A real estate lawyer will handle this process. This includes preparing documents to complete the transaction and negotiating with lenders to make sure that there are no issues with financing.

Resolve any real estate disputes

A classic example of a real property dispute is when two or more people claim ownership over the same property. The disagreement could worsen if the property has been sold before the quieting of the title. A real estate lawyer can mediate these conflicts between buyers and sellers.

Buying a home or property is perhaps one of your most important and complicated decisions. Diamond & Diamond Lawyers is here to help you navigate each step of the real estate process. This full-service law firm will ensure you get the best deal possible.

They know the ins and outs of real estate contracts and the laws that apply to buying and selling properties. They can help you avoid common pitfalls, such as hidden clauses in contracts or paying excessive taxes, on your property sale. 

They offer free consultations. Therefore, you don’t have anything holding you back from making an appointment today.

What can real estate lawyers do for a seller?

You may have to deal with many people and companies when you’re selling your home. You’ll need a reliable real estate agent and lawyer to assist you throughout the process. A real estate lawyer can also help you negotiate the best price for your home.

The first thing that most sellers think about is how much money they’ll make by selling their homes. While this is an essential part of the process, there are other things that matter. The following are only some of the things that can happen if you don’t have legal representation during this time:

  1. You could end up paying more than necessary on closing day.
  2. Someone could claim something was wrong with your home after selling it. 
  3. You may receive only some of the money promised by the buyer at the closing of the sale. 

The third case usually happens because of problems with escrow accounts or other financial issues associated with buying the property.

The following are more specific ways in which a real estate lawyer can help a seller: 

Provide legal representation

A real estate lawyer will help you determine the fair market value of your home, and ensure that offers you receive from prospective buyers are fair and reasonable. Moreover, they’ll also make sure that any contract you enter into is valid and legally binding.

Guide you during the listing phase

The lawyer will guide you through the process of preparing your home for sale and listing it on the market. They will advise you on how to price your home, what marketing materials you should use, and how to list it with an agent.

Fully review the purchase and sale agreement

One of the most important things your lawyer can do is to ensure that the agreement protects you. The purchase and sale agreement, which contains the terms of the sale, is the binding contract between you and the buyer. Your real estate lawyer will make sure that this contract protects your interests but that it’s generally fair to both parties. 

They’ll also look at current market conditions to ensure that any contingencies included in the contract are reasonable. For example, if there’s a contingency in the contract which says that the buyer will get the earnest deposit back if there isn’t sufficient money on closing day, the lawyer will work with both parties to get enough money in escrow. This way, the contingency won’t be activated, and the transaction can be successfully completed. 


Benefits of Hiring a Real Estate Lawyer

The real estate industry is a complicated maze of laws, regulations and procedures, which is why it’s very important to hire a real estate lawyer who knows these matters. Here are a few perks of working with a real estate lawyer when you’re buying or selling property:

Drafting and Reviewing Contracts

A contract is a legal agreement between two or more parties. It can be used to transfer title to the property, establish rental contracts or describe the terms of a business relationship. Your lawyer will draft and review your contracts before you sign them, ensuring they are legally binding and enforceable.

Assisting With Negotiations

Negotiations are a vital part of the real estate transaction process. They can even be more complex if you’re working with a seller or buyer who doesn’t have legal representation. If you need assistance with negotiations, your real estate lawyer can help you understand how to proceed and ensure your rights are protected throughout the process.

Negotiations can be complex, especially if you’re unfamiliar with the laws or regulations governing real estate transactions. That’s where a lawyer comes in. They’ll make sure that you understand your agreement and that all parties operate on equal footing.

Reviewing Home Inspection Documents or Disclosures

A home inspector will inspect the property to ensure the soundness of its structural integrity and that all systems are working properly. The inspector will also note any problems that they find during their inspection

Disclosure is an itemized list of all known issues with the property that would affect its value or use. Issues, such as lead paint or termites, are disclosed. If a seller fails to disclose known defects, they may be liable for any damage a buyer incurs.  

Get in Touch With the Real Estate Lawyers from Diamond and Diamond

When entering into a contract, there must be a meeting of the minds, and the agreement must be sufficient in both form and substance. Your real estate lawyer knows all about this. Therefore, hire a real estate lawyer to protect and enforce your rights. 

Check out Diamond and Diamond Lawyers if you need help with real estate transitions. Our law firm has been helping clients like you, so you know you’re in good and capable hands. Call us today for a free case evaluation. 

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