Real Estate Lawyers in North Bay, Ontario
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Buying a Real Estate Property in North Bay
Selling a Real Estate Property in North Bay
Refinancing a Real Estate Property North Bay
About North Bay
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Extremely impressed by the services and convenience provided by Axess Law. We have engaged with Davinder a few times for different services, and it has been a breeze each time. We've been able to do both remote and in-person visits, and she has been very professional and forthcoming in all her advice. Their prices are fair too, so I would definitely recommend them to anyone looking for the legal services that they provide.
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Ontario sellers have some onus to try to reduce their losses, such as by accepting reasonable offers when they relist their home. Certainly, having proof of legal fees, restaging costs, or mortgage-related expenses caused by a last-minute cancellation improves the seller’s case. For instance, a seller who bought a new home and is juggling two mortgages may be burdened by the buyer’s cancellation.
The standard of proof is not perfect. Every situation is different, and Ontario courts don’t have a list of actions sellers must take. It’s up to buyers to prove a seller didn’t do enough to minimize their losses. Not relisting or hesitating to do so, accepting less than the home is worth, or not following through on potential offers could be enough for the buyer to avoid liability (Talisman Homes Ltd v Endicott, (2002)).
Mitigation doesn’t, however, require the seller to accept a lower offer from the initial buyer. Once the contract is broken, the seller has the right to walk away and, in many cases, keep the deposit. Axess Law North Bay virtual lawyers ensure the agreement of purchase and sale covers what happens to the deposit if the deal falls through.
Who built the granny flat, you or the current owner, is irrelevant. What matters is whether the home has a City of North Bay secondary dwelling permit. That requires the unit to meet building and fire code regulations. Without such documentation, the building is illegal, and that requires you to apply for a change of use permit. Without a permit, you could be fined or required to remove the flat.
If the unit doesn’t have a permit, the first question to ask your realtor is what year it was built. Granny flats built before July 14, 1994 are subject to different safety standards than newer construction. Secondly, check out the property zoning with the city bylaw department. Secondary dwellings are not allowed within 300 metres of unserviced properties on Trout Lake or major inflowing streams. Industrial or commercially zoned properties, and those with steep slopes or in flood zones, are also excluded.
Providing the unit is permitted under North Bay’s zoning bylaws, an in-house and small building designer can then be contracted to ensure the flat complies with provincial legislation. They will draw up detailed floor plans and a site plan for parking (three spaces for the home and flat) to submit to the city.
Having your agreement of purchase and sale reviewed by Axess Law’s virtual real estate lawyers or in person ensures you make an informed decision. We explain all the details before you make legal commitments and point out terms and conditions you may want to alter.
Our real estate lawyers go over condo status certificates for details your realtor skipped over, like whether the reserve fund for major repairs is adequate or if the condo corporation has legal problems.
Building a new home? We have real estate lawyers nearby who can check pre-construction purchase contracts or assignments for sale for legal issues you may encounter.