Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
Real estate commission in Nova Scotia is based on the percentage of the purchase price of the home. Individual agents and clients can negotiate what that percentage is, but as a general rule it is about 5% of the price to pay both agents.
Read MoreAfter you buy a property (the money is exchanged and you take title), the transaction is considered “Closed”. This means you no longer have an opportunity to go back and negotiate with respect to issues you uncover with your new home. If you trust someone else (like your Realtor) to do the closing day walkthrough and they miss something important, your only recourse is to sue that person, not the people you bought the house from
Read MoreReal Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.
Read MoreReal Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. From that logic, comes the rule that the current property owner only has to disclose latent defects to a potential purchaser.
Read MoreReal Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling.
Read MoreAs you may have heard, there is now an additional Provincial Deed Transfer Tax payable by home buyers who are not residents of Nova Scotia.
Lawyers have a multi-faceted reputation – not all of it flattering, but being the “stick in the mud” when it comes to fulfilling your contract when you buy or sell a home is something I will happily claim.
It is my job as your lawyer to be on the lookout for ways to protect you throughout the buying and selling process. We review your contracts, your mortgage documents, the title for your property, and any receipts and repairs required by the contract.
Read MoreWhen buying a used (read: previously lived in) home there are two types of tax you will see come up on your statements from your lawyer.
Read MoreSquatter’s Rights is the concept that if you openly adversely possession someone else’s land continuously for the required length of time (usually 20 year for privately owned land, 40 years for Crown land), that you can apply to the court for an order declaring that you have become the legal owner of that land. The idea is that a land owner can’t sit back for decades and do nothing and then come out of the woodwork and demand their land back.
Read MoreIn Nova Scotia, what happens to your estate if you die without a valid Will is determined by the Intestate Succession Act. The Act outlines who will inherit your assets and in what proportion.
Read MoreIf you are buying a home for the first time you may qualify for First Time Home Buyers' rebate.
A "first time buyer" is an individual who builds or purchases a newly built home and has not owned or occupied a home in Canada in the last five years.
The eligibility criteria for this rebate:
· The house is newly built. Substantial renovations such as a major addition or converting a building into a home do not qualify.
· The house is located in Nova Scotia and will be used for your (or your relation's) primary residence.
· Can only be claimed by individuals - not businesses.
For a variety of reasons, both the seller and the buyer are entitled to terminate a real estate purchase and sale agreement, including in rare cases after the agreement is firm (firm = all required conditions have already been met).
Read MoreMoving can be exciting, but can also be a stressful time. What day your closing date falls on can contribute to how smoothly the transaction goes. There are a lot of moving parts on closing day, and it’s better to be safe than sorry if something pops up that causes a delay. Potential issues could be, a delay in funds from your bank, a contentious issue on the walk-through etc.
Read MoreOne of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Read on to learn the specifics of who does what.
Read MoreRestrictive covenants are rules about the use of the property. I.e. the restrict your ability to do things on or to your property. The person (or company) that has the right to enforce these covenants is referred to as the "covenant holder" and is most often the developer of your subdivision. These rules are attached to the property and pass from one owner to the next
Read MoreThis is something that has come up a few times this summer, so I thought I would write a short post about it.
The house (and property) should be clean and tidy. Honestly, the cleaner the better, but certainly “broom clean” is a must.
If you are buying, it may not hurt to include a professional cleaning condition in your agreement so you can be confident that the home will be clean.
Read MoreOne of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Your lawyer handles the money for you when you sell your home.
Read MoreThe practical distinctions between buying a condominium and buying property can sometimes be confusing. Here are a few points to illustrate what you are buying when you buy a condo. The exact definition of what you own and what you are responsible for, i.e. what is your unit, should be outlined in your Condominium Corporation's Declaration.
Read MoreWhen you buy a condominium one of the things that you (or usually your representatives) look into is whether or not the condo corporation has a healthy reserve fund.
When you buy a condo unit, the vendor has to order what is referred to as an "estoppel certificate". This will outline the status of the fees for your specific unit, but it will also give you details about the reserve fund of the corporation.
Read MoreThere are many different ways you can own property. The most common are owning parcels of land, or buying a unit in a building - the condominium. There is another option, where you would purchase a "bare land condominium". The ownership structure of purchasing a bare land condominium is similar to that of the traditional condominium, but refers to a parcel of land, defined by survey markers.
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E info@highlanderlaw.ca
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Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
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