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Escarpment Law

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Canada
Burlington, ON
Escarpment Law

Aldo Berlingieri Alanna Stephen Amey Hanna Alyssa Di Lallo Brian Bennett Kaya Zagorda Our Lawyers: Aldo Berlingieri (partner), Alanna C. Catharines.

Stephen (partner), Douglas J. DePaulo, Amey Hanna, Anneli Thomson, Serena Jhutty, Alyssa Di Lallo & Brian Bennett (associates)

While we offer a full array of legal services required by clients including Estate Planning (such as Wills, Powers of Attorney and Estate Administration), or Business Planning (such as incorporations and business acquisitions), the main focus of our service is with respec

t to Real Estate transactions both residential (purchase, sales and re-finances) and commercial. We have 7 offices conveniently located in Hamilton (Mountain and Downtown), Stoney Creek, Ancaster, Burlington (North and South) & St. Contact us at: 905 681 6998

09/30/2024

Obtaining and reviewing the Status Certificate before purchasing a condo is essential for making informed decisions and avoiding unexpected costs or legal issues.

A Status Certificate is a financial and legal snapshot of the condo corporation current to the day it is prepared and provides detailed information about both the condo corporation and the specific unit being purchased.

Key items to review include:

👉 Financial Information: Budget details, reserve fund status, and any outstanding debts or liabilities of the condo corporation.

👉 Legal Information: Any ongoing or pending lawsuits involving the corporation, which could impact future fees or assessments.

👉 Maintenance Fees: Current fees, anticipated increases, and special assessments.

👉 Rules and Regulations: Condo rules, bylaws, and restrictions, including pet and rental policies.

👉 Special Assessments: Any current or planned additional charges for unexpected expenses or major repairs.

👉 Insurance: Coverage details for the condo corporation and what’s required for unit owner’s insurance.

👉 Unit-Specific Information: Issues related to the unit, such as unpaid fees or rule violations.

If you have questions about purchasing a condo, feel free to reach out!

📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

09/24/2024

When buying a home with a swimming pool, inspecting the pool and its equipment before finalizing your purchase is crucial. However, in Ontario's climate, this might not always be possible before closing.

If an inspection isn't feasible, consider adding a clause to the Agreement of Purchase and Sale that guarantees the pool and equipment will be in good working order not only at the time of the transaction but also when the pool is opened, failing which, the seller will be liable for any costs of repairs. Specify a date for the pool opening and agree on a pool company to handle the inspection.

For winter or spring purchases with a longer closing period, include a clause requiring the seller to have the pool opened by a professional pool company at their expense by a specific date. For late summer purchases with a longer closing, include a clause mandating the seller to winterize the pool by a professional pool company at their expense by a specific date.

Keep in mind that "good working order" doesn’t mean brand new, and sellers should be aware of the risks associated with providing warranties beyond the closing date.

If you have questions about clause wording, reach out for clarification!

📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

09/19/2024

Once your offer is accepted and you've submitted your deposit, what happens next?

Your deposit is typically placed into a trust account managed by the seller’s real estate brokerage. This ensures the funds are securely held until closing or disbursed according to the Agreement.

In Ontario, all real estate deposits are insured. Realtors and Brokers participate in a program that protects deposits against fraud, insolvency, or misappropriation, providing peace of mind for buyers and sellers.

On closing, any real estate commissions are paid out, and the remaining deposit is applied to the purchase price, reducing the balance due on closing.

Questions? Reach out!

📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

09/17/2024

As a well-connected Realtor or Broker, you have many options for referring your clients. Here’s why you should consider Escarpment Law Group:

1️⃣ We specialize in real estate law across Ontario, handling everything from condos to cottages to commercial properties. Our experienced team of lawyers and clerks are always available to assist.

2️⃣ We focus on getting your deals across the finish line with happy clients, collaborating closely with all parties involved, including you and your client’s mortgage broker. Communication is our forte, so you'll always be informed.

3️⃣ We strive to make the buying and selling process as smooth and stress-free as possible, ensuring your clients understand every step.

Your referrals are valued—let's discuss how we can work together! 👇

📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

09/14/2024

When purchasing a property, it’s important to check for any rental contracts that must be assumed at closing. Hot water heaters are the most common, but furnaces, air conditioners, security systems, and major appliances may also have rental agreements.

During negotiations, you can discuss with the seller whether they will pay off the rental contract or if you will assume it. Sellers should note that some contracts aren't transferable and may involve cancellation fees or require settlement before the sale.

To ensure clarity, any rental contracts the buyer is expected to assume should be detailed in the Agreement of Purchase and Sale. Always review the terms, costs, and obligations of a rental contract before assuming it.

Questions? Reach out:
📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

09/12/2024

A lien is a legal claim on someone else's property used as security for a debt. When a lien is registered against a property, it can not be sold or transferred until the debt is paid in full. The lien holder can take legal action to enforce the claim if necessary.

Liens commonly occur as mortgages, where the lender holds a lien against a property until the mortgage is paid off and discharged. Other scenarios include:

👉 Unpaid property taxes, leading to a government lien.
👉 Contractors or tradespeople not being paid for their work.
👉 Court-ordered liens after a lawsuit.

When you work with us, we will conduct a title search through the Land Registry Office to check for any liens, mortgages, or encumbrances on the property you wish to purchase.

Pro Tip: If you’re a Realtor, it’s always a good idea to pull the Parcel Register for a property your client is listing or buying to see what liens/encumbrances are registered before any Agreement of Purchase and Sale is signed.

Questions? Reach out:
📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

09/10/2024

As a homebuyer, your Agreement typically allows for one or more "purchaser visits" before closing. These visits give you and your agent a chance to revisit the property for inspections and planning.

It's recommended to schedule a final visit 1-2 days before closing to ensure:

👉 The property is in the same condition as when you agreed to buy it.

👉 Agreed-upon repairs or modifications are completed.

👉 Fixtures and appliances included in the sale are still working.

Clear communication among all parties is crucial. If issues arise during the final walkthrough, they could impact or delay closing, so it’s always a good idea to notify your lawyer as soon as any issues are discovered.

Questions? Reach out:
📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

08/08/2024

We're thrilled to welcome back Alyssa Di Lallo from maternity leave! With her practice focusing on Real Estate, Wills & Estates, and Corporate Law, Alyssa is a dedicated asset to our team.

Alyssa will be covering our Welland and St. Catharines offices, and will also be spending time at our Queenston office. Welcome back, Alyssa! 👏

Contact Alyssa Di Lallo at:
📲 905 681 6998 x. 122
🌐 escarpmentlaw.com

07/16/2024

In real estate, understanding the difference between chattels and fixtures is crucial, as this distinction determines what may be included in the sale of a property and what may not.

Disputes may arise when the distinction between the two is unclear. To prevent misunderstandings, it’s essential for both buyers and sellers to clearly identify which items are included or excluded in the Agreement of Purchase and Sale 👇

Chattels are movable personal property that is not permanently attached to the building or land. These items are easily removed and can be taken by the seller when they move out. They do not automatically transfer to the buyer with the sale of the property unless they are specifically listed as inclusions in the Agreement.

Examples may include furniture, artwork, televisions, drapery, and plug-in appliances such as microwaves.

Fixtures are items that are permanently attached to the property. These items are considered integral to the property and are included in the sale unless explicitly excluded in the Agreement. Because they are considered part of the property, fixtures transfer to the buyer as part of the sale.

Examples may include lighting fixtures, wall mounts, drapery rods, and built-in appliances.

By understanding and clearly communicating the distinction between chattels and fixtures, both parties can ensure a smooth real estate transaction.

Questions? Reach out:
📧 [email protected]

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

07/12/2024

Kicking off the weekend with kind words from a repeat client. We love helping Realtors, and their buyers and sellers with their real estate transactions!

07/11/2024

The answer to whether one lawyer can represent both the buyer and the seller in a real estate transaction is short and sweet - NO! ✋️

According to the rules of professional conduct established by the Law Society of Ontario, an individual lawyer is generally prohibited from representing both the buyer and the seller in a real estate transaction. This restriction is in place to protect the interests of both parties involved.

There are very limited exceptions to this rule. For instance, if the buyer and seller are closely related by blood or are connected through marriage or a common-law partnership, a lawyer may represent both parties.

Despite this allowance, it is still strongly recommended that each party obtains independent legal counsel. This ensures that both the buyer and the seller receive impartial advice tailored to their individual interests.

The primary purpose of this rule is to maintain the integrity of the legal advice provided. A lawyer representing both sides of a transaction faces an inherent conflict of interest, making it challenging to offer unbiased counsel. Moreover, if a dispute arises between the buyer and the seller, a lawyer representing both parties would be unable to continue representing either one, leading to delays and complications in the transaction.

By requiring separate legal representation, the Law Society of Ontario aims to ensure that both parties have dedicated advocates who can fully protect their respective rights and interests throughout the process.

A vendor and purchaser CAN, however, use the same law firm, so long as they are being represented by two different lawyers within the firm, and all parties consent to the arrangement.

Questions? Reach out:
📧 [email protected]

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

06/24/2024

Buying a property is an exciting experience, but it's important to understand the taxes associated with your purchase to avoid any surprises!

When you purchase property in Ontario, you will be required to pay Ontario’s land transfer tax (LTT).

For residential property transfers, LTT is calculated based on the purchase price. The tax is calculated on an upward sliding scale, but a general rule of thumb is to expect to pay approximately 1-2% of the property value (if you are purchasing a home in Toronto, this amount can almost double!).

LTT is payable by the purchaser upon the registration of a Transfer/Deed of Land in the Ontario Land Registry Office at closing. Your real estate lawyer will arrange the payment when the deed is transferred into your name on closing day.

LTT is a one-time lump sum payment and cannot be paid in installments or added to your mortgage.

First-time homebuyers in Ontario can benefit from a rebate up to $4000 that is intended to help alleviate the financial burden of the tax.

It's essential to consult with an accountant to understand the specific rules and regulations associated with the location of your prospective property and to ensure you comply with all tax obligations.

Questions? Reach out:
📧 [email protected]
📲 905 681 6998
🌐 EscarpmentLaw.com

❗️This content is intended as information only and not as legal advice or opinion as neither can be given without reference to specific events and situations.

Address

Burlington, ON
L7L - L7T

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Website

http://www.escarpmentlaw.com/

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Our Story

Our Lawyers: Aldo Berlingieri (partner), Alanna C. Stephen (partner), Douglas J. DePaulo, Amey Hanna & Norelle Di Gregorio (associates) Douglas J. DePaulo and Aldo Berlingieri, Barristers & Solicitors, bring 33 and 31 years, respectively, of experience in real estate transactions, wills & estates and corporate law. Alanna C. Stephen, Barrister & Solicitor, was called to the Bar in 2005 and practiced for 6 years in the area of civil litigation before moving to real estate. Ms. Stephen brings a multi-faceted perspective to real estate law and has both Canadian and American law degrees. While we offer a full array of legal services required by clients including Estate Planning (such as Wills, Powers of Attorney and Estate Administration), or Business Planning (such as incorporations and business acquisitions), the main focus of our service is with respect to Real Estate transactions both residential (purchase, sales and re-finances) and commercial. We have 5 offices conveniently located in Hamilton (Mountain and Downtown), Stoney Creek, Ancaster and Burlington. Hamilton (Upper James) office: 905 667 2990 Stoney Creek (Queenston) office: 905 963 7312 Burlington office: 905 319 0369 Ancaster office: 289 204 2078 Hamilton (Downtown) office: 905 681 6998