Frequently Asked Questions
What identification do we need to bring when we meet our lawyer?
When attending at our office, you should bring 2 pieces of ID’s with you. These can be any two of the following:
Passport, Drivers Licence, Social Security Card, Permanent Resident Card, Citizenship Card or Birth Certificate.
Do I need a lawyer for the purchase or sale of my home?
Purchasing a residence is usually the single most expensive investment a person will make. The involvement of a lawyer who is experienced in real estate transactions will provide each party with a full understanding of their rights and responsibilities. An experienced Real Estate Lawyer can also help to avoid future legal problems that may arise if either buyer or seller is not fully aware of the legal effects of the real estate transactions.
Why do I need a lawyer to review the real estate contract?
A contract prepared by a lawyer, real estate agent, broker or salesperson is a legal document that fixes the rights and obligations of the parties, and establishes the terms of the transaction that bind the parties. It is very important that a lawyer be consulted to review this document. The lawyer’s review of the broker-prepared contract encompasses the entire realm of real estate contract law. The lawyer must be certain that the clauses that are used accurately reflect the terms of the transaction agreed to by parties, and properly and adequately protect the client.
Why do I need a lawyer to review or prepare the deed in my real estate matter?
The deed is the written document that is signed, acknowledged and delivered by the seller of the real estate to the buyer by which the seller transfer the real estate. As this is the document evidencing and effecting the transfer, it is critical that the document be drafted with clarity. Ambiguous language in a deed can be the source of title different types of deeds can effect the seller’s liability in the future. The use of a lawyer knowledgeable in real estate can ensure that the proper transfer is made.
Why do I need a lawyer to review the mortgage papers at closing?
Most buyers require a mortgage loan to complete the transactions. In some cases, the buyer’s lawyer prepares the mortgage documents, but in most cases the lawyer for the buyer can review the mortgage papers prepared by the lender to ensure that these documents are prepared correctly. A real estate agent or title company cannot explain the legal effects of these documents; such action would constitute the unauthorized practice of law. As the mortgage documents create a lien against the property and also personally obligate the borrower to repay the loan, it is prudent for the borrower to retain a lawyer to review these documents as to their correctness, and to explain their legal effect to the borrower.
I have a busy schedule and I cannot make it during your office hours. What can I do?
Law Booth understands the busy lifestyle of clients and as such makes it extremely convenient for them by allowing for weekend and evening appointments.
How long does it take to get a divorce?
In Ontario, a divorce can take 30 days to over a year depending on your situation. The quickest way to obtain a divorce is to file a Joint Application in which both parties agree to all the issues. You can then file your Affidavit of Divorce along with your marriage certificate. There are three heads under which individuals can seek divorce: Parties have been separated for 12 months, Adultery and Cruelty. Depending on how quickly your documents are prepared and filed and the number of cases being handled by the Court in your area it can take 30 days to over a year. In most cases we have seen a Divorce Order be granted within 2-6 months of filing all the outstanding documents.
What is the difference between a simple and a joint divorce?
A divorce application may be started by filing an application for divorce with their spouse as a respondent or a joint application. A simple divorce can be the most inexpensive avenue to obtain a divorce Order. You can get a divorce by proving that your marriage is over. You can prove this by showing that you have been separated for a year, or that your husband or wife has had a sexual relationship with another person, or that your husband or wife has been physically or mentally cruel to you. In this application you will name your spouse as the respondent. If your spouse does not respond to the application within the prescribed time, they lose the opportunity to respond at all unless they bring a motion asking for the Courts permission to do the same. If your spouse fails to respond, the divorce effectively becomes uncontested. Which means you may file your Affidavit for Divorce and seek a divorce Order. Alternatively you and your spouse can agree to file a joint divorce in which you agree to all the issues (which can be through a separation agreement) and advise the Court of your intention to divorce. This can be the quickest method of divorce. You may file the Affidavit for Divorce with the application.
Why do I need a lawyer to review the title of the real estate I wish to buy?
To assure that the seller of real estate is able to transfer all legal and equitable ownership interest in the property to the buyer, a title search is required. The result of search identifies the legal owner of the property and list all recorded documents that affect the property. The title search also identifies those who have claims against any current or past owners of the property. These claims must be satisfied and cleared from the public record in order for the buyer to obtain clear title to the property that can be readily transferred in the future. Law Booth reviews the title search, explains the results and pursues the satisfaction of claims in anticipation of closing.
what is the importance of a travel consent letter for children?
Government of Canada strongly recommends that Canadian children carry a consent letter if they are travelling abroad alone, with only one parent/guardian, with friends or relatives or with a group. For the purposes of this consent letter, a Canadian child is defined as anyone who is under the age of majority (18 or 19, depending on the province or territory of residence). A consent letter is not a legal requirement in Canada, but it can simplify travel for Canadian children, as it may be requested by immigration authorities when entering or leaving a foreign country or by Canadian officials when re-entering Canada. The letter demonstrates that Canadian children have permission to travel abroad from parents or guardians who are not accompanying them. At Law Booth, we can draft the letter for you while you wait in as little as 15 minutes. We ask that the person(s) consenting bring two pieces of ID's including a passport along with the full legal names, date of births and passport number of the children and the person(s) traveling with the children.
If you have a question contact us.