Real Estate Lawyers
Our Real Estate Lawyers and clerks appreciate that your property transaction deserves focus, attention, detail, forethought, guidance and efficiency.
We are there from before you sign the agreement of purchase and sale, to searching title and conducting off-title searches (e.g. taxes), to meeting with you to sign what most likely is your largest asset transaction, to attending to the actual closing.
With experience of closing transactions for over the past 15 years, we have nearly seen it all. Allow our experience to guide, advise and attend to your transaction from start to finish.
Commercial Real Estate
Our office has extensive experience in commercial real estate. This includes the purchase, sale, financing and leasing of commercial properties.
Commercial properties can best be described as one intended to operate a commercial activity out of, or a residential property with four (4) or more dwelling units.
Our commercial Real Estate Lawyers have acted for banks, landlords, tenants and franchisors on commercial property transactions that have included shopping plazas, mixed use, industrial, office and farm land and commercial condominiums.
We can do more than just close your transaction. Before you sign your agreement, come see us to discuss legal structures and things to take into consideration in order to reduce your risk of loss, and ambiguity in the documents.
Residential Real Estate
We have extensive experience in closing house deals. Having acted on the purchase side, the sale side, the borrower side and lender side of freehold homes, high rise condominiums, townhouse condominiums, leases and co-ops.
We also have acted on vacant lands, cottages and waterfront property transactions.
We have been in the community for over 15 years and have built strong relationships with lending institutions, real estate agents, brokers, surveyors and planners.
The Hummingbird Difference
Our offices in Yorkville and Vaughan service south-western Ontario with most of our clients coming from Toronto, and the Greater Toronto Area.
We are proud to have a Law Society of Ontario Certified Specialist in Real Property at Hummingbird Lawyers.
The Law Society of Ontario advises the public:
“When you hire a Certified Specialist, you are hiring a lawyer who is recognized and experienced in his or her field of law and who has met high standards. A group of Certified Specialists talks about the value that certification provides to the public — and to the legal profession.”
When it comes to your real property transaction, you want to be able to call your lawyer and ask questions and have them answered in a way that puts you at ease. Experience comes with practice and we have been practicing for a long time. We have handled all sorts of transactions, from simple to the highly complex.
We not only care about our client’s transactions but also our clients. Our Google Reviews speak volumes. We are proud to serve our clients and their real estate needs.
There are many moving pieces to take into consideration when acting on a real estate transaction. At Hummingbird Lawyers, we have proactive, intelligent and caring real estate lawyers, clerks and assistants who go above and beyond to ensure that your real property transaction is attended to correctly and in a timely manner.
At Hummingbird, we take our business seriously. We have invested in crafting business and software systems that ensure the process of transacting in real estate is managed properly and with the highest attention to detail.
We use digital retainers, and provide you with free digital access to software for you to plan your move, so you can update your utilities, property tax, driver’s license and health card all at once. We strive to make the process of dealing with real property as streamlined and efficient as possible.
The cost of a real estate transaction really depends on the complexity of the deal. Residential purchases and sales, with a mortgage from an institutional mortgage, are typically charged with a flat-rate fee.
If the transaction is complex, such as the acquisition of a commercial plaza with multiple tenants along with financing from a second-tier lender, these would typically be charged as a mix of flat-rate billing and hourly in the event a particular stage in the transaction strays off course and additional time is expended resolving it.
We don’t lose sight that a typical transaction is now ranging in the millions of dollars. Knowing the effects of easements, encroachments, zoning, and other matters that can affect your use and enjoyment of your property, you want to be sure that you know all there is to know about your land. Given what is at stake, cost is a factor, but it shouldn’t be the only factor.
Full Suite of Services in Real Estate Law
Over the years, doing the types of deals that we do, we get to see a whole suite of transactions and can assist you with:
Are you selling a house or condo in Toronto? It can easily add up to be a very complicated process. A residential real estate law firm will provide an expert set of eyes and work to ensure selling your home goes as smoothly as it can.
Responsibilities when selling your home:
- Pre-approval for financing a new home or condo purchase
- Checking your mortgage and verifying whether there are any penalties
- Determining the value of your home before putting it to market
- Completing renovations and repairs as needed prior to selling
- Estimating your total expenses and calculating estimated proceeds
Costs of selling a home: There’s a long list of costs which can add up quickly — real estate commissions, home staging, insurance, mortgage discharge fees, pre-listing inspection fees, and legal fees. Depending on the complexity of your sale, legal fees can vary accordingly.
Why a lawyer makes selling easier: Property law can be vague and complex. A real estate lawyer advises on laws and bylaws unique to your region, ensures the Agreement of Purchase and Sale reflects your specific situation, advises on tax responsibilities and potential savings, completes title searches, ensures funds are received before the deed transfers, delivers keys to the new owner, and informs utility companies of the sale.
The Process — How Hummingbird Supports You:
- Negotiations — We participate in negotiations to relieve the stress of this critical step and ensure you’re not making promises under the contract you cannot deliver.
- Retainer Letter — Your lawyer sends a retainer letter outlining exactly how we will be assisting you through the sale.
- Update Your New Address — As things roll forward, you’ll need to update utilities, driver’s license, and other accounts. We’ll guide you through what needs to change.
- You Have a Buyer — Once a buyer is found and the agreement is signed, we review all documentation to protect your interests.
- Meet With the Lawyer — We meet with you to review and sign all closing documents, ensuring everything is in order before the transaction closes.
- We Do the Work For You — We handle the legal heavy lifting — title transfers, mortgage discharges, fund transfers — so you don’t have to.
- Selling Transaction Complete — Once all conditions are met and funds are received, the deed is transferred and the transaction is finalized.
Contact Hummingbird Lawyers before you sign any Agreement of Purchase and Sale.
Our real estate lawyers understand the ins and outs of buying a home in Toronto. From drafting an agreement of purchase and sale to completing due diligence and closing the sale, a Hummingbird lawyer will assist you in acquiring residential real estate in a fair and efficient manner.
In our nearly two decades of assisting Toronto homeowners, we’ve built strong relationships with lending institutions, real estate agents, brokers, and municipal representatives. Having participated in thousands of residential real estate transactions, there’s a lot of support we can provide.
First-Time Home Buyer Incentives:
- RRSP Home Buyer’s Plan
- First-Time Home Buyers’ Tax Credit
- GST/HST New Housing Rebate
- CMHC mortgage default insurance
- Land transfer tax rebate
The Process — How Hummingbird Supports You:
- Negotiations — We sit in and participate in negotiations for the Agreement of Purchase to reduce the hassle for you.
- Retainer Letter — We send you a retainer letter outlining exactly how we will be supporting you through the purchase.
- Title Search — We search the title, report any issues before you finalize, and prepare all closing documents.
- Sign Paperwork — We walk you through all documents and sign everything together — no hidden surprises.
- We Do the Work For You — We assemble closing documents, arrange delivery of funds, register the deed and mortgage, and call you when we close.
- Purchase Transaction Complete — We deliver your Registered Deed, send a post-closing report with copies of all signed documents, and report to your lender if applicable.
Contact Hummingbird Lawyers before you make an offer.
A Purchase and Sale Agreement is a written contract between the buyer and seller of a particular property. This agreement allows the buyer to establish a purchasing price, as long as the terms and conditions of the agreement are met.
The agreement process begins when a buyer makes an offer on a property. If accepted by the seller, the agreement becomes legally binding. Once made, the written contract cannot be terminated unless both parties agree.
What’s Included in an Agreement of Purchase and Sale:
- Buyer and seller information — details on both parties and the property being sold
- Purchase price — the amount the buyer is offering, clearly listed
- Offer timeline — when the offer is open, when it can be revoked, and when it becomes void if no action is taken
- Requisition date — grants the buyer a period to examine the property title and complete searches including registered ownership, zoning compliance, and outstanding municipal orders
- Completion date — the agreed upon date when all documents are exchanged, the sale is finalized, and the seller provides vacant possession of the property
- Conditions — written arrangements agreed upon by both parties, such as home inspection rights, existing mortgage assumptions, property survey requirements, and title issue resolutions
While the Ontario Real Estate Association (OREA) provides standard guidelines, clauses are always subject to change if both parties agree.
A purchase and sale agreement secures an agreed upon price and provides tangible deadlines that need to be met — giving both buyer and seller clarity on what is expected. Contact Hummingbird Lawyers before you sign.
Lending and borrowing transactions in real estate can be risky without knowing all the details. Contacting legal counsel to help oversee finances can be a smart decision for any property buyer or investor.
A lawyer has experience working with these matters and can work alongside financial institutions in any real estate borrowing and lending transaction. Getting to know the different options available, seeing the different perspectives, and having documents fully explained to you allows you to better understand the financing process — including your rights and obligations under any loan documents.
How Hummingbird Can Help:
Whether you are looking to finance a new home or commercial property, getting legal advice can help make the entire transaction run smoothly. A lawyer can ensure that when you are looking to close on a property, all necessary financial documents are subject to a proper review.
The real estate market in the Greater Toronto Area has seen dramatic value increases. As a result, many borrowers are struggling to obtain the loans or equity lines of credit they need, and financial institutions have grown more cautious about lending large amounts. This can back the borrower into a corner where the institution holds a significant advantage.
Hummingbird’s Real Estate lawyer team can sit down with you to ensure you know your rights and obligations in lending and borrowing transactions. Whether you are on the lending or borrowing side of the table, from drafting and negotiating documents to representing your best interests, our team can help.
Contact Hummingbird Lawyers to book a consultation.
An easement is the right of one property owner (dominant tenement) over another’s land (servient tenement). Importantly, easements do not involve ownership of any part of the land — only a right over it.
Common examples include electrical transformer boxes on front lawns, power lines running along fence lines, shared driveways, and conservation easements on ravine lots.
Easements are not straightforward and require a full title search and history of use before any definitive conclusions can be reached.
Types of Easements in Ontario:
- Express Grant — The right of way is expressly granted and registered on title at the Land Registry Office. This commonly occurs when a property owner severs a lot and creates a mutual driveway. All easements must be in writing — verbal grants are not acceptable.
- Implied Grant — Arises when an easement is necessary for the use and enjoyment of a property. For example, if a severed lot becomes landlocked, an implied easement for access will arise automatically.
- Easement by Prescription — Arises when a right has been enjoyed for 20 years without interruption or consent by the servient landowner. Note that prescriptive easements are limited to properties registered under the Registry system and cannot be formed on land registered under Land Titles.
Understanding Property Title & Title Insurance: Watch our explainer video on what property title is and why title insurance is important for homeowners: https://youtu.be/K-x5u5FPdAY
Important to Know: An easement may not be used beyond its originally intended purpose. For example, an easement for foot travel does not include vehicle access. Once obtained, easements continue until extinguished in writing, by statute, or when both properties come under the same ownership.
If you have a specific question about an easement affecting your property, contact Hummingbird Lawyers to book a consultation.
When you have just bought a new property and are ready to take possession, one of the legalities that needs to be completed is a title transfer — the official document through which a seller transfers ownership of a property to the buyer. In Ontario, title transfers can only be completed by a lawyer, ensuring the change of ownership is documented accurately.
What “Title” Means: The title of a property refers to the person who has legal ownership and the right to use the property. Title can be held by one or more persons, such as co-investors, spouses, partnerships, or corporations.
When a Title Transfer is Required:
- At the closing of a real estate transaction to legally transfer ownership from seller to buyer
- When refinancing a property
- Following a separation between co-owners
- When adding or removing a spouse or family member from title
Types of Title Ownership:
- Freehold Ownership — You own the property — land and structure — outright. Common with detached homes. Appreciates over time and gives the title holder complete control when selling.
- Leasehold Ownership — You own the physical structure but lease the land from another party. Common with condos and townhouses. Lease agreements are typically 99 years in length.
- Life Estate Ownership — You have legal ownership and use of a property for the rest of your life. When the owner dies, title reverts to the original owner or passes to another person as stipulated. The least common type.
Understanding Property Title & Title Insurance: Watch our explainer video on what property title is and why title insurance is important for homeowners: https://youtu.be/K-x5u5FPdAY
Contact Hummingbird Lawyers for assistance with any title transfer.
Meet Our Real Estate Team
Awards & Recognition
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