Kelowna Real Estate Law
Real Estate/Mortgages:
Real estate and mortgage transactions are largely administrative matters. This is why Notaries Public, who are not required to have a law degree, are permitted to do this work.
It is because of Terri Hergott's extensive expertise in these transactions that Paul Hergott is able to offer service excellence in this area of his practice. As is typical in a busy conveyancing practice, the legal assistant undertakes the administration of the file and is overseen by the responsible lawyer. An added benefit provided to Hergott Law clients is that, unlike a Notary Public, or a Solicitor with no litigation experience, Paul Hergott is a litigation lawyer, ready to enlist the courts assistance as necessary when real estate deals fall apart.
Also because of the administrative nature of these services, they are highly price competitive. If you wish to have an emailed quote, please email terri@hlaw.ca, otherwise, please call our offices and ask for Terri.
When your real estate/mortgage transaction has concluded, you will receive a coupon from Hergott Law for $75.00 towards your next legal account. This could include another real estate transaction, a Will or a Power of Attorney.
For a full description of the level of service you can expect from Hergott Law, please press the links below:
Are you a First Time Home Buyer? Check out Paul Hergott's First Time Home Buyer's Article.
Once you have decided to use our services, you are able to leave the transaction entirely in our hands.
Our first step will be to obtain a copy of the contract that you have entered into. That contract will tell us which property you are purchasing, and will note the completion date, which determines the urgency of your matter. We will contact you well in advance of the completion date to get additional information from you that we require in order to complete the deal, such as:
Armed with that information, and the information we obtain from various other sources, we will prepare the necessary documentation and then contact you to make a suitable appointment. You appointment will be booked at your convenience, which can include evening appointments and, if absolutely necessary, weekend appointments. You can look forward to an approximately 30 minute appointment for the review and execution of the documentation.
Once the documentation is signed we will make arrangements with you to provide us with the funds necessary to complete the purchase. These funds can be provided by way of direct deposit into our trust account, or by provided us with a certified cheque or bank draft.
We will deal with the registration of documents at land titles and transfer of funds in order to complete the transaction.
We will notify you of the successful resolution of the file. We will provide you with a written reporting of the transaction, as well as small binder containing copies of all the documentation.
As a seller of real estate, you are required to provide the purchaser with a transfer of title to the property that is free and clear of any financial charges.
Financial charges might include your mortgage, a second mortgage, a line of credit, a builder=s lien or a financial judgment. On your behalf, we find out exactly what charges are registered and take the necessary steps to have them released.
Our first step will be to obtain a copy of the contract that you have entered into. That contract will tell us which property you are selling, and will note the completion date, which determines the urgency of your matter. A copy of your title will be obtained to determine what financial charges need to be cleared. We will need to contact the financial charge holders in order to find out how much money is required to pay them out. You can expect a call from us to obtain contact information for the financial charge holders.
Each of the financial charge holders will provide us with the amounts required to payout their charges as of the completion date.
Once documentation is ready, we will contact you to make a suitable appointment. Your appointment will be booked at your convenience, which can include evening appointments and, if absolutely necessary, weekend appointments. You can look forward to an approximately 20 minute appointment for the review and execution of the documentation.
On the completion date, once documents are registered in the land title office, we will receive sale proceeds from the purchaser's solicitor and pay any financial charges. We may also be required to ensure payment of property taxes, water taxes/tolls, garbage and sewer utilities. The balance of the sale proceeds will be paid to you.
Refinancing is sometimes necessary to consolidate debt, or to take out more equity in your home for various purposes, such as investing, renovations, or a major purchase.
The financial institution providing the financing will usually require all other financial charges to be paid and released from the title, so that their mortgage will be registered as the highest ranking financial charge.
Existing financial charges might include your mortgage, a second mortgage, a line of credit, a builder's lien or a financial judgment. On your behalf, we find out exactly what charges are registered and take the necessary steps to have them released.
The financial institution will forward us a set of instructions, which may set out additional requirements, such as paying out unregistered debt. A copy of your title will be obtained to determine what financial charges need to be cleared. We will need to contact the financial charge holders in order to find out how much money is required to pay them out. You can expect a call from us to obtain contact information for the existing financial charge holders.
Each of the financial charge holders will provide us with the amounts required to payout their charges as of the anticipated funding date.
Once documentation is ready, we will contact you to make a suitable appointment. Your appointment will be booked at your convenience, which can include evening appointments and, if absolutely necessary, weekend appointments. You can look forward to an approximately 30 minute appointment for the review and execution of the documentation.
On the funding date, once documents are registered in the land title office, we will receive mortgage proceeds from the financial institution, pay any financial charges and, if required, unregistered debt. The balance of the mortgage proceeds will be paid to you.
You have our assurance that we will provide your clients with excellence in service. The following are a few of the extras that come standard at Hergott Law:
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Flexible signing arrangements:
We are conscious that some clients have work schedules or other commitments that do not allow for attending at a law office during standard business hours. In order to accommodate these clients, we offer evening consultations, and, if absolutely necessary, weekend consultations.
Further, some clients have mobility issues, that make it difficult for them to leave their homes to attend for a lawyers appointment. Our offices are on the main floor and are fully wheelchair accessible, however, for those who are either temporarily or permanently home bound, we will attend at their homes or care facilities.
Competitive pricing:
We canvas the conveyancing market regularly to ensure our rates are competitive with other firms.
Discount coupon for repeat clients:
When our client's real estate/mortgage transaction has concluded, they will receive a coupon from Hergott Law for $75.00 towards their next legal account. This could include another real estate transaction, a Will or a Power of Attorney.
"Rush" services available:
Our experienced staff is able to prepare documents, on a rush basis within 24 hours
Experienced staff:
Hergott Law's conveyancer has 18 years conveyancing experience, and that experience will be obvious to your clients in the efficient and knowledgeable way in which the transaction is handled.
You have our assurance that we will provide both you and your clients with excellence in service. The following are a few of the extras that come standard at Hergott Law:
-
Flexible signing arrangements:
We are conscious that some clients have work schedules or other commitments that do not allow for attending at a law office during standard business hours. In order to accommodate these clients, we offer evening consultations, and, if absolutely necessary, weekend consultations.
Further, some clients have mobility issues, that make it difficult for them to leave their homes to attend for a lawyers appointment. Our offices are on the main floor and are fully wheelchair accessible, however, for those who are either temporarily or permanently home bound, we will attend at their homes or care facilities.
-
Competitive pricing:
We canvas the conveyancing market regularly to ensure our rates are competitive with other firms.
Discount coupon for repeat clients:
When our client's real estate/mortgage transaction has concluded, they will receive a coupon from Hergott Law for $75.00 towards their next legal account. This could include another real estate transaction, a Will or a Power of Attorney.
"Rush" services available:
Our experienced staff is able to prepare documents, on a rush basis within 24 hours.
Experienced staff:
Hergott Law's conveyancer has 18 years conveyancing experience, and that experience will be obvious to your clients in the efficient and knowledgeable way in which the transaction is handled.
Courtesy on closing:
Our staff will contact you once the file has closed to let you know that documents have been registered, and money has changed hands;
Rather than putting it in the mail, or calling you to pick it up, we will deliver your commission cheque to you by courier.
When purchasing Real Estate: