REAL ESTATE

We operate a small but efficient office with the result that our fees for real estate and other services are amongst the most competitive in the area. Much of our business comes from existing clients and referrals from existing clients but we also welcome new clients and guide first time homebuyers through the real estate process.

Our law firm deals with all major new home builders and also handles corporate relocations for D.N.D., R.C.M.P. and other corporate relocation companies. We represent clients purchasing residential and commercial properties, including cottages and out-of-town properties.

We would be pleased to represent you in your real estate transaction. Please telephone us at 613-824-0000 to discuss your transaction or e-mail us at bunningfarnand@rogers.com. If e-mailing us, please include your telephone numbers as communication is frequently more efficient by telephone.

Legal Fees for Real Estate

We do not charge for an initial consultation or telephone enquiry to discuss your purchase or sale or to review your Agreement of Purchase and Sale.

Residential Real Estate

Most law firms will offer a set price for the legal fees for a standard real estate transaction and add the disbursements (expenses) on top of this.  A few law firms quote what they call a flat rate transaction fee; however, clients should be careful when comparing competitors' prices to ensure that they include all disbursements, as some firms charge extra for items such as registration fees, government taxes and other expenses, which can add significantly to the total cost.

Purchasing a Home

In response to client requests, our firm now charges, for a standard residential real estate transaction of a single family home with one mortgage, an all inclusive fee without extra charges for properties located in the Ottawa area which, along with the cost of the Ontario land transfer tax, is the total cost to purchase a single family home or condominium unit costing under $500,000.

Our all inclusive fee, which includes government registration fees and HST, is $1,600 plus land transfer tax to purchase a single family home or a condominium unit with one mortgage. Single family homes or condominium units costing more than $500,000 are subject to a small additional charge to reflect our increased expenses for the purchase of these properties.

Land Transfer Tax

The cost of land transfer tax for a condominium unit or a single family home varies with the price being paid. The tax for purchases up to $250,000 is 1% of the purchase price less $275. For purchases costing $250,000 to $400,000 the tax is 1.5% of the purchase price less $1,525. For purchases costing over $400,000 the tax is 2% of the purchase price less $3,525. Under current legislation first time home buyers of a principal residence receive a $2,000 reduction in the land transfer tax.

Selling a Home

Our all inclusive fee, which includes HST, for a standard residential real estate sale transaction is $850. Most mortgage companies now register the Discharge as part of their mortgage discharge fee.  Where we are responsible for paying to register the Discharge there is an additional cost of $95.

Rental Real Estate

Our fee for purchasing a single family home or condominium unit which is going to be rented out is the same as for an owner-occupied home. Occasionally, a mortgage company requires extra registrations for a rental property, such as an Assignment of Rents or a PPSA registration. There is a small, extra charge for these extra registrations.

Multi-unit Building
Our fees for multiple unit residential buildings vary with the complexity of the transaction.

Commercial Real Estate

We act for clients purchasing and selling commercial real estate. Our fees vary with the complexity of the transaction.

Warranties, Title Insurance and Building Inspections

We are responsible for conducting title searches through the province’s registry system and will ensure that a purchaser becomes the registered owner of the property, free of prior owners’ registered liens or mortgages. We do not warrant matters that are not registered on title but for most transactions obtain title insurance for this purpose. Defects in the construction of the property, including mechanical or electrical, are regarded as construction issues and are not warranted.

Title insurance insures purchasers against most losses that may arise for matters not registered in the province’s registry system. These matters would primarily be contraventions of municipal by-laws or contraventions of regulations from other governmental authorities, but would also include unpaid charges which could form a lien on the property being purchased. Losses arising from these matters are unusual and expensive to search. Title insurance is used because it is less expensive and more practical to purchase title insurance than to do the actual searches.

Title insurance does not cover problems which are primarily construction issues or mechanical or electrical problems. These types of problems may arise where a previous owner did repairs or renovations improperly or did not comply with building and zoning regulations. The title company does not usually cover these types of losses because they regard them as construction issues as opposed to title issues. Purchasers are advised to obtain a building inspection from a building inspector to minimize the likelihood of these types of construction issues. Where there are no municipal services, the quality and quantity of the water supply or the state of the septic system is not warranted. Purchasers are advised to obtain water tests or septic inspections.

WILLS and POWER OF ATTORNEYS
One of our major services is the drafting of Wills. For most clients, a standard Will is a quick and inexpensive procedure. We also draft specialised Wills for those who have special circumstances which need to be addressed. In addition to a Will, we strongly recommend clients to sign Power of Attorneys for both property and personal care (health care).

Our fee for a standard Will and two Power of Attorneys for a husband and wife is $375 plus HST. 

Our fee for a standard Will and two Power of Attorneys for a single person is $275 plus HST.

Where clients are physically unable to attend our office, we will make house calls or hospital visits for a small additional cost.

ESTATES
As we draft many Wills, it follows that we are experienced estate attorneys. We advise Executors on how to handle an estate and, if requested, handle many of the Executor's duties.  When it is required, we will Probate a Will by obtaining a Certificate of Appointment of Estate Trustee for the Executor.

CORPORATE LAW
We incorporate companies. We offer a standard Provincial incorporation package with a reasonably sophisticated but flexible share structure for $1,250 plus HST. In addition to the incorporation, this service includes providing the corporate seal and corporate minute book, preparing the initial corporate resolutions, issuing share certificates and filing the initial government information package. We also offer more sophisticated corporate services such as professional incorporations and estate freezes.

BUSINESSES LAW, PURCHASE AND SALE OF BUSINESSES
We give legal advice to businesses and business owners. We act for clients who buy and sell businesses including franchises. We are one of the few law firms in the City who handle the purchase and sale of Subway Franchises.

DIVORCE AND SEPARATION
We handle uncontested divorces and negotiate separation agreements.

PERSONAL INJURY
We handle most types of personal injury litigation.

WRONGFUL DISMISSAL
We handle most types of wrongful dismissal litigation. We act for employers and employees.

OUR LEGAL FEES
Our legal fees as quoted are current as at the time of posting. Fees are subject to change without notice. In most cases, increases in our fees are as a result of increased expenses from other providers or authorities.

Although legal matters usually involve some complications, there are occasions when a matter becomes unusual or substantially more complicated than usual. Where these situations occur, we reserve the right to increase our fees and on rare occasions this can increase our standard prices quoted above. Where these situations occur, the circumstances and any additional costs will be fully explained.