Real Estate

We can meet all of your real estate representation needs, commercial or personal, simple or complex.

Real Estate Requires Real Expertise

We understand the stakes involved in real estate transactions

From personal property purchases to commercial development deals, everything starts from the ground up.  Whether you’re a local Northumberland resident seeking advice or an out-of-town client looking for experienced local representation, SMM Law Professional Corporation can help. 

We will help you draft and negotiate transactions, or review the Agreement prepared by your real estate agent. Once an Agreement has been signed, we will assist with the purchase, sale, or mortgage of your house, condominium, apartment building, store, farmland or industrial site.

We also handle or assist with applications for: land severances; re-zoning; redevelopment of properties and creating condominiums and subdivisions.

Looking for local representation?

SMM Law is experienced in handling negotiations for out-of-town clients.

Whether you’re moving, developing, or investing, your affairs will be handled by a team well-versed in local restrictions and requirements.

Our real estate team can assist with…

  • Purchase of an existing home or home to be newly constructed
  • Purchase of vacant land or commercial property
  • Sale of your home, vacant land, or commercial property
  • Preparation of offers to purchase or sell, where property is not listed through a real estate agent
  • Review of offers to purchase or sell, prepared by real estate agents
  • Preparation of documents required to mortgage or refinance property
  • Inter-family transfers of property or for estate planning purposes
  • Transfer or sale of property resulting from the death of an individual
  • Lease of property
  • Severance of property or of a commercial unit
  • Completion of land development projects
  • Arrangement of title insurance for new and existing properties

Why do I need a lawyer?

There are many reasons why you need legal guidance and assistance in real estate transactions (we’ve listed a few below), but it ultimately comes down to access and ability.

A lawyer not only gives you access to the processes and systems required in valid, binding real estate transactions, but also has the ability and experience to represent your best interests and understand the nuances (and bureaucracy) involved. 

In the Province of Ontario, a Transfer of real property can only be authorized for registration by a lawyer licensed to practice real estate law by the Law Society of Ontario. You cannot register a deed in the electronic registration system by yourself.

If you are purchasing a property, your lawyer will be responsible for searching the title to the property and requiring the seller’s lawyer to correct title issues and remove encumbrances or liens on the property prior to closing. The lawyer representing the seller will determine which requests made by the buyer’s lawyer are valid, and recommend possible solutions to the issues raised.

Your lawyer will prepare any necessary documentation and will review the documentation prepared by the other party’s lawyer. The lawyer will explain these documents to you before you sign them, and make sure that you only sign those documents that are required, or are in your best interests.

If you are arranging financing to complete your purchase, the financial institution usually will instruct your lawyer to act for them as well. In some cases, they will require a separate lawyer to act for them. Either way, you will be required to pay for the lawyer’s services to represent the lender.