Downey Tornosky Lassaline Timpano Law in Orillia, Ontario

Should I buy property with friends? It seems like a great idea, especially if you can’t break into the market on your own. But owning a property with your friends can go very wrong if the parties don’t make a firm agreement (in writing) on how to manage it. For instance, what happens if one party wants to sell, and the other party wants to hold? Any owner who wants to sale but can’t get their co-owners to agree can apply under the Partition Act to force a sale of a property they own a partial interest in. This is even the case if doing so will cause a significant economic loss. The Courts will allow the sale unless there’s a private contract or agreement to the contrary, or evidence of malicious intent. This recently happened in Green et al. v Gardeazabal, 2023 ONSC 2683. Three friends bought an investment property in April 2022. They did not enter into a co-ownership agreement. One year later, two of the friends wanted to sell despite the $150,000 loss that would result. The third friend opposed the sale, arguing she had a reasonable expectation the parties would hold on to the property for 2 years. The Court allowed the sale, largely because there was nothing in writing documenting an agreement to hold the property for a specific amount of time. This loss could have been avoided if the parties had gotten a co-ownership agreement which set out their intentions and obligations to each other explicitly before buying property together. It would have been a lot less expensive than the partition application litigation that resulted in this decision.Thinking of buying a property with your friends? Our real estate lawyer, Erin Murray, would be pleased to assist in the transaction, and in drafting a co-ownership agreement that will protect your investment and help the parties avoid litigation. ... See MoreSee Less

Is home insurance a legal requirement? House insurance provides financial protection in case of a destructive events like fire, theft, or natural disaster destroyed your home and belongings. It also provides you financial protection if you are sued by someone who is accidentally injured on your property. If you get a mortgage on a home, the lender will require you to obtain home insurance prior to close. If you pay cash for your home, no one can force you to get home insurance, but it’s recommended to protect your investment and your assets. You can obtain home insurance directly through an insurance company. However, you can also work with an insurance broker, who can provide you expert advice on your coverage needs, and assist in identifying the right policy for your situation. In the market for a new home in Orillia or the surrounding area? Our knowledgeable real estate lawyer and law clerks are happy to help. Give us a call at 705-327-2600. ... See MoreSee Less

What does your Lawyer do when you buy a house?Your Real Estate Lawyer ensures that you get the property you paid for. We search the title of the property you are buying to make sure the Seller actually owns it. We ensure the Seller pays off their mortgages on the property. We also search the Sheriff’s office to ensure the Seller does not have judgements registered against them, and if they do, we make them pay the Judgement before transferring the property. If you are getting a mortgage, we work with you and your lender to register your mortgage. We obtain title insurance to protect the marketability of your title against fraud and any defects that would only be discovered via a survey. On the day of closing, we obtain the funds from your lender, and send them to the seller’s lawyer to hold in trust until the deed is transferred. We then transfer the property from the seller’s name into your name. At that point, the property is yours, and we can give you access to the keys. Usually, realtors helpfully leave a lock box with the keys on the door of your new house, so you can go straight there with a code instead of detouring to your lawyer’s office to pick up your keys. We are happy to help with all your real estate law needs in Orillia and the surrounding area. Call us today at 705-327-2600, or send us an email to info@greatlaw.ca. ... See MoreSee Less

Thinking of buying a home and wondering how much you need to save for a down payment? Canada regulates the minimum amount a buyer can put down. How much you need depends on the price of the home you want to buy: For homes under $500,000, it’s 5% of the purchase price – so on a $450,000 home, you’ll need at least $22,500. For homes between $500,000 and $999,999, you’ll need $24,950 + 10% of the amount your home exceeds $500,000. So if you are buying a $600,000 home, you’ll need $24,950+$10,000 = $34,950. For home $1,000,000 and up, you’ll need 20% of the purchase price. For a million dollar home, that’s $200,000. If you put down less than 20%, mortgage insurance is mandatory, which protects the lender against you defaulting on the mortgage. The premium will be between .6%-4% of the total loan, depending on the size of your down payment. The larger the down payment, the lower the premium. If you’re buying a home in Orillia, our knowledgeable real estate lawyer and team would be happy to help guide you through the process. ... See MoreSee Less

Thinking about buying a home soon? Don't be blindsided by the land transfer tax, a tax you'll need to pay on closing day. The land transfer tax is 0.5% to 2.5% of the price of the home, paid by the purchaser. For a house costing $500,000, the land transfer tax would be $6475. A $750,000 house results in a land transfer tax of $11,475, and a million dollar house attracts a land transfer tax of $16,475. The tax comprises of 0.5% on the first $55,000 of the purchase price, 1.0% of the amount from $55,000 to $250,000, 1.5% of the amount in excess of $250,001 to $400,000, 2.0% of the amount in excess of $400,000 and 2.5% on amounts exceeding $2,000,000. You can use this free calculator to figure out your tax bill ahead of time: www.teraview.ca/en/pltt-calculator/.New homebuyers do not have to pay land transfer tax on the first $368,000 of their home purchase, and can get a refund on any land transfer tax they do pay of up to $4000. Note that Toronto properties are also subject to a “Toronto Land Transfer Tax” of the same amount. If you buy a million dollar property in Toronto, your land transfer tax bill is a whopping $32,950. There are some exemptions to the tax for transfers to spouses and family members. Your lawyer can provide you specific advice for your individual situation. Don’t have a lawyer? We’d be happy to help with your next real estate transaction. Call us at 705-327-2600, or contact our real estate intake clerk Melissa mfoster@greatlaw.ca. ... See MoreSee Less

We closed up a bit early this week for some fun with our team: a staff viewing of Valentine's Day and some tasty treats. Have a wonderful Family Day Weekend everyone! ... See MoreSee Less

Happy Valentine’s Day from all of us at DTLT! ... See MoreSee Less