Remax sarnia realty inc., Brokerage
1319 Exmouth St. Sarnia,
ON, N7S 3Y1

Ryan Gervais

Ryan is a full time Sales Representative with Re/max and look forward to being your guide to the Sarnia Real Estate market

One more time Through

Tyler Coleman no Comments In Real Estate Law

When drafting an agreement of purchase and sale, a number of conditions are usually included as a schedule to the agreement.  These most often include clauses such as the deal is conditional upon the buyer securing financing so that they can actually pay for the home.  Another common condition is that the buyer finds a buyer for their previous home

Two conditions that give the right to enter the property are often misunderstood.  The first of these is the condition that the home buyer be able to have a home inspection of the property.  When I purchased my own home, the previous owner seemed to think that there was a limited amount of time that the inspector had to first inspect the property and then was going to refuse when the inspector requested that he be able to point out the issues that he had found.  My home inspector was extremely professional and dealt with the si...

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The legal process of purchasing a home.

In an earlier posting, I explained what a lawyer provides for a real estate client.  In short, a lawyer makes sure that what you are buying is free and clear of any encumbrances.  Many people who come into my office are not concerned about what the lawyer actually accomplishes as they are intimidated by the legal transaction process itself.

 For many real estate clients their first visit to a law office is when they are purchasing their home.  They come in and sit in front of a large desk and have confusing things explained to them by a person in a suit that they have never met before.  This doesn’t seem like a recipe for an enjoyable experience.

Visiting your lawyer should not add stress during this exciting time in your life, it should decrease your stress level.  By the time you get to the lawyer’s office most ...

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Buyer Beware

Tyler Coleman no Comments In Real Estate Law

Caveat Emptor-noun-let the buyer beware: the principle that the seller of a product cannot be held responsible for its quality unless it is guaranteed in a warranty.

You may have heard the Latin term Caveat Emptor before and have likely heard its English translation, the term buyer beware.  The statement though seemingly simplistic is a fairly accurate statement of the law in Ontario when it comes to buying real estate property in Ontario.

When you buy a home you are buying all of the issues with that home whether structural, stylistic or regulatory.  If you buy a home and discover after the fact that there is a leak in the foundation, that leak is your problem, not that of the seller.  If the septic system in your home all of the sudden backs up and the basement is flooded, it’s more than likely that that is an issue that you are...

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Why do you need a Lawyer?

Tyler Coleman no Comments In Real Estate Law

Clients purchasing and selling a property are asked by their real estate agent, “Who will you be using as your lawyer?”  In Ontario real estate clients generally know that they are expected to have a lawyer, but from my experience most of them don’t know why they need a lawyer to help with their real estate transaction.

Most clients understand that a lawyer makes sure there are no mortgages or liens on the property.  This is part of what a lawyer does, but it’s only a small aspect of the service they are performing.

A lawyer’s job for a home buyer is to ensure that the buyer is purchasing a property free and clear of all encumbrances.  Encumbrances could be in the form of interests that are registered against the property such as mortgages or liens or physical such as a fence or neighbour’s garage that crosses the property line.

If there are intere...

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Legal Minute – Including Chattels

Tyler Coleman no Comments In Real Estate Law

Most home buyers seem to buy based on concerns such as location, layout, how many updates will be necessary and of course price.  They are looking at the big picture, the forest not the trees.  Smaller issues or items might not even enter their mind until after they have decided that they have found the home of their dreams.  Sometimes there are things that should be included in the contract that will affect the end cost of having a move in ready home.

One such issue that comes up fairly often is the chattels that are included.  A chattel in legal terms is an article of movable property.  The items usually listed in the contract include window dressings, light fixtures and appliances.  Make sure that when you make the offer to the seller that you write in all items that you wish to have included.  Chattels should be clearly described so that there is no ambiguity.


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