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By: Jayson Schwarz LLM Ok, so you have decided to purchase a commercial building, a restaurant, a dry cleaner, a franchise, a business and you have never owned a business before . . . how and what do I do? Firstly, make sure you are not undercapitalized. In my almost thirty years of law practice…
By: Jayson Schwarz LLM Ok, so you have decided to purchase a commercial building, a restaurant, a dry cleaner, a franchise, a business and you have never owned a business before . . . how and what do I do? Firstly, make sure you are not undercapitalized. In my more than 35 years of law…
THE NEED FOR PROPER LEGISLATIVE STRUCTURE IN CONCESSION DEVELOPMENT PROJECTS By: Jayson Schwarz LLM Public, Private, Partnership Model Governments today are trying to deal with the tremendous financial burden of creating new infrastructure and/or refurbishing the old. Developing countries generally lack the financial resources and operational experience to develop and properly operate these essential projects.…
SOME INSTANCES WHEN LAND TRANSFER TAX MAY NOT APPLY1 S. 2(1) of Ontario’s Land Transfer Tax Act R.S.O. 1990, c. L.6, (the “Act”) states, that “every person” tendering for registration a conveyance by which “any land” is conveyed to or in trust for a transferee shall pay land transfer tax (“LTT”) upon registration of…
Once a Consent, Always a Consent … Maybe By: Jayson Schwarz LLM and Konstantine Chatzidimos The Effect on the Planning Act Introduction The oft asked query of investment property purchasers or those whose adjacent properties merge whether intentionally or by inadvertence, is whether their acquisition can be divided into smaller parcels. Examination of this question…
By: Jayson Schwarz LLM You are about to enter into a new chapter in the book of your life. Getting married involves many facets and one of those is a reconfiguration of your legal status and obligations. This is the perfect time to get your house in order. What does that mean? As a married…
By: Jayson Schwarz LLM The Supreme Court of Canada said that good faith is not a requirement by either side in the negotiation of a contract. They went on to say that once the contract is signed there is an obligation to perform in good faith. What does this mean to you? Here is a…
By: Jayson Schwarz LLM Today’s article is a little different I want to discuss mortgage brokers and their role in the home purchase process. Who is and why use a mortgage broker? Just as an insurance broker finds the best deal on insurance, a mortgage broker finds the best deal on a mortgage. Mortgage brokers…
By: Jayson Schwarz LLM Lawyers have a tendency to forget that people do not know what to expect as they move closer to their closing so I hope this helps. Let us assume that the closing of your home will occur in a month and the date is firm. By now your lawyer has sent…
By Jayson Schwarz LLM When you buy a resale freehold home there are things you need to look at to go in the agreement of purchase and sale or offer: Dimensions: The offer lists frontage and depth, walk the boundaries and see where they are. Get a survey and measure. Make sure you are getting…
By: Jayson Schwarz LLM Part of buying a resale condominium is understanding the fact that you are entering into a legally binding agreement to pay certain monies every month to the Condominium Corporation (the “Condo”) for the operation of the building and common elements associated thereto. In other words every month you are on the…
By: Jayson Schwarz LLM I cannot count the number of times people have asked me if I know how they can buy foreclosure property or power of sale deals. “You must have inside knowledge from that bank you act for” they say. My answer is always the same. Everything in life is worth what you…
By: Jayson Schwarz LLM In order to explain title insurance the best way may be to tell a story. Once upon a time Shaun and Molly purchased a beautiful condominium in downtown Toronto. They hired a lawyer, who we will call Grumpy and he closed the deal without a problem although Grumpy seemed, very,…
By: Jayson Schwarz In this article I will try to provide some of the basic knowledge that you will need in order to go forward to put in an offer to purchase your home 1. The first thing to do is figure out where you want to live and learn about the area. What does…
By Jayson Schwarz LLM So you have decided to sell your home. While there is no legal requirement that a real estate agent be involved in an agreement of purchase and sale – or in a real estate transaction for that matter – most agreements and transactions involving the purchase and sale of real property…
By: Jayson Schwarz LLM Cities pass by-laws for all kinds of things and to achieve all kinds of purposes. A by-law is a law passed by a municipality to create the rules under which it will operate. As an example one kind of by-law is a zoning by-law. These are laws that regulate land use…
By Jayson Schwarz And: Glenn Gogal of the Ontario Association of Home Inspectors (OAHI) Education Committee Why there is a need to have home inspections done before listing your home for sale. Pre-Inspected Listings Home inspections have traditionally been for the benefit of the purchaser. Pre-inspected listings benefit all parties – purchasers, vendors and realtors.…
BY-LAWS, PLANNING, COMMITTEE OF ADJUSTMENTS By: Jayson Schwarz LLM Your local municipality is one of the major influences that affects your present or future home. A by-law is a law passed by a municipality to create the rules under which it will operate and to achieve a variety of purposes. The planning department in a…
By: Jayson Schwarz LLM Buying a home is the most important purchase most people make in their lives. Research the area you want to live; research what is around, check what was there before and what is proposed in the future. Make sure you have your mortgage pre-approval, home inspector and your lawyer ready to…
By: Jayson Schwarz LLM Title insurance is provides comprehensive insurance coverage for the certain of the title-related risks associated with home buying. Risks such as zoning issues, claims of mental incapacity, lack of up to date survey and the legal services provided by your lawyer (ie. title certification). It insures against such defects in title,…