Clear Legal Advice for Buying, Selling and Transferring Property
Planning a Property Transaction?
Let’s work together to protect your investment and make your next property move a success.
A real estate transaction can involve contracts, financing, title concerns, taxes, deadlines and large sums of money. Whether the matter involves a first home, an investment property, a refinance or a commercial transaction, careful legal work can help prevent delays and protect the client’s interests.
Sunny Tathgar provides residential and commercial real estate legal services for clients in Victoria, Langford, Sooke, Duncan, Nanaimo and surrounding Vancouver Island communities.
Clients work directly with Sunny throughout their transaction and receive clear information about what is required, what happens next and what costs to expect.
Contact Tathgar Law to discuss an upcoming real estate transaction.
Why Choose Sunny Tathgar?
Sunny Tathgar remains directly involved throughout the file. Clients are not passed between departments or left wondering who is responsible for their transaction.
Flat-fee quotes are available for many standard purchases, sales and refinances. The quote explains the legal fee and anticipated disbursements so clients can plan for closing.
Real estate transactions come with firm deadlines. Clients receive clear explanations of what is needed and when documents or funds must be provided.
Tathgar Law serves clients across Victoria, Langford, Sooke, Duncan, Nanaimo and nearby communities. Local property types range from urban condos and new developments to rural land, recreational property and commercial sites.
Real Estate Legal Services
Tathgar Law assists with a wide range of property matters, including:
- Residential purchases and sales
- Condo and strata property transactions
- New construction and pre-sale purchases
- Refinancing and mortgage registration
- Private mortgages and private lending
- Transfers between family members or spouses
- Changes to property ownership
- Co-ownership agreements
- Commercial purchases and sales
- Commercial mortgages
- Contracts of purchase and sale
- Title searches and property due diligence
- Leasehold interests
- Subdivisions and developer disclosure statements
Need help with your next property deal in Victoria BC? Reach out today to get expert legal support you can count on.
Buying a Home in Victoria or Vancouver Island
Buying a home involves more than signing a purchase contract and arranging a mortgage. Before ownership can be transferred, the legal and financial details of the transaction must be confirmed.
For a residential purchase, Tathgar Law can:
- Review the contract of purchase and sale
- Search the property title
- Identify registered charges, liens, easements or restrictions
- Review mortgage instructions from the lender
- Calculate closing adjustments
- Confirm property transfer tax requirements
- Prepare and explain closing documents
- Register the transfer and mortgage
- Transfer purchase funds
- Report to the buyer and lender after completion
Legal advice may be especially helpful before a buyer removes conditions, signs an unusual contract or agrees to purchase without standard protections.
Buyers can also use the BC Property Transfer Tax Calculator to estimate one of the largest costs due at closing.
Buying a Condo or Strata Property
A condo purchase includes an interest in both the individual unit and the strata corporation’s shared property and finances.
Buyers may need to consider:
- Strata bylaws and rules
- Form B information
- Strata meeting minutes
- Approved or proposed special levies
- Insurance coverage and deductibles
- Contingency reserve fund information
- Pending disputes or legal claims
- Depreciation reports
- Parking, storage and limited common property
- Rental, age, pet or renovation restrictions
These records may reveal costs or restrictions that are not clear from the listing.
Read more about strata depreciation reports and condo purchase risks.
Buying a Newly Built Home
New construction purchases can have different contract terms, tax rules and closing requirements than resale purchases.
A buyer may need advice about:
- Developer contracts
- Disclosure statements
- Completion delays
- Assignment restrictions
- GST & GST Rebates
- Property transfer tax exemptions
- Deficiencies and holdbacks
- Deposits and closing adjustments
- New home warranty coverage
The developer usually prepares the purchase contract, but that does not mean every term is written for the buyer’s benefit. A legal review can help the buyer understand the agreement before becoming firmly committed.
Use the BC New Home GST and Rebate Calculator to estimate GST and potential rebate amounts.
Selling a Home or Investment Property
A seller’s lawyer handles the legal work required to transfer clear title to the buyer and receive the sale proceeds.
Tathgar Law can assist sellers by:
- Reviewing the accepted purchase contract
- Obtaining mortgage payout information
- Preparing transfer and closing documents
- Responding to title questions
- Calculating property tax and other adjustments
- Paying out and discharging existing mortgages
- Receiving funds from the buyer’s lawyer
- Paying real estate commissions and other approved expenses
- Delivering the remaining sale proceeds to the seller
- Reporting after completion
Sellers should provide their lawyer with the accepted contract as early as possible. Early notice gives the law office time to obtain mortgage payout statements, confirm identification requirements and address title concerns before closing.
Owners selling residential property shortly after purchasing it should also consider whether the BC home flipping tax may apply.
Refinancing and Mortgage Registration
Refinancing may allow a property owner to change lenders, access equity, consolidate debt or replace an existing mortgage.
The legal work may include:
- Reviewing lender instructions
- Confirming ownership and title information
- Preparing mortgage documents
- Paying out existing debts
- Discharging a previous mortgage
- Registering the new mortgage
- Receiving and distributing mortgage funds
- Reporting to the borrower and lender
Private Mortgages and Private Lending
A private mortgage is a loan secured against real estate where the lender is an individual, company or private investment group rather than a traditional bank or credit union.
Private lending can involve greater risk for both parties. The mortgage terms should clearly address:
- The principal amount
- Interest rate and payment schedule
- Term and maturity date
- Renewal rights
- Prepayment rights
- Fees and expenses
- Property insurance
- Default terms
- Priority on title
- Enforcement rights
- Personal guarantees
- Independent legal advice
Tathgar Law assists borrowers and private lenders with mortgage documents, title registration and related legal requirements. Separate legal representation may be required where the parties’ interests differ.
Property Transfers and Changes in Ownership
Property may be transferred for reasons unrelated to a traditional sale. Common examples include:
- Adding a spouse to title
- Removing a former spouse
- Transferring property to a child
- Transferring property after a separation
- Changing ownership percentages
- Moving property into or out of a company
- Estate planning
- Administering an estate
- Severing a joint tenancy
A transfer can affect property transfer tax, capital gains, mortgage terms, creditor rights, estate planning and future ownership rights. A transfer described as a gift may still create legal or tax consequences.
Property owners should obtain legal and tax advice before changing title. Transfers connected to wills, trusts or future inheritance planning may also require advice from an estate planning lawyer in Victoria.
Co-Ownership Agreements
Friends, relatives, unmarried partners and investors sometimes purchase property together. A written co-ownership agreement can establish how decisions and expenses will be handled before a disagreement occurs.
An agreement may address:
- Each owner’s financial contribution
- Ownership percentages
- Mortgage payments
- Property taxes and insurance
- Repairs and renovations
- Use of the property
- Rental income
- Decision-making authority
- What happens when an owner wants to sell
- Rights of first refusal
- Buyout procedures
- Missed payments
- Death or incapacity
- Dispute resolution
The agreement should be prepared before the purchase is completed whenever possible. Each owner may need independent legal advice.
Commercial Real Estate Transactions
Commercial property transactions often involve more detailed due diligence, financing and contract terms than residential purchases.
Tathgar Law assists with matters such as:
- Commercial purchases and sales
- Mixed-use properties
- Commercial mortgage financing
- Corporate ownership of real estate
- Contract review and drafting
- Title and charge review
- Leasehold interests
- Development matters
- Subdivisions
- Joint ventures
- Private lending
- Property ownership structures
Commercial buyers should allow enough time to investigate zoning, permitted use, environmental concerns, leases, operating costs, financing conditions and other matters connected with the property.
When Should You Contact a Real Estate Lawyer?
It is best to contact a lawyer early, especially when:
- A purchase offer is being prepared or reviewed
- The contract contains unusual terms
- A buyer is considering removing conditions
- The property is a condo, pre-sale or new construction
- The transaction is private and does not involve a realtor
- The property has tenants
- There are several buyers or investors
- A private mortgage is involved
- Ownership will be transferred between relatives
- The closing date is approaching
- A title concern has been discovered
- The property is being sold within two years of purchase
Early advice can provide more options. Once a contract becomes binding or conditions are removed, it may be harder to change the agreement or address a concern.
What to Expect During a Real Estate Transaction
1. Opening the File
The client provides the contract, contact information, identification and details about the lender, realtor and property.
2. Reviewing the Transaction
The law office reviews the contract, searches the title and identifies information or documents that are still needed.
3. Preparing for Closing
Mortgage instructions are reviewed, adjustments are calculated and closing documents are prepared.
4. Signing
The lawyer explains the documents, answers questions and completes the required identification and signing steps. Virtual signing may be available for some transactions.
5. Completion
Funds are transferred, the necessary documents are filed and ownership or mortgage changes are registered.
6. Final Reporting
The client receives confirmation of completion and copies of the final documents.
Need help with your next property deal in Victoria BC? Reach out today to get expert legal support you can count on.
Frequently Asked Questions
What does a real estate lawyer do when someone buys a home?
The buyer’s lawyer reviews the transaction, searches the title, prepares closing documents, receives mortgage funds, calculates adjustments, registers the transfer and mortgage, and sends the purchase funds to the seller’s lawyer. The lawyer can also identify legal concerns before closing.
When should a buyer contact a real estate lawyer?
A buyer should make contact as early as possible. Legal advice is especially helpful before signing a private contract, removing conditions, buying a strata property or agreeing to unusual terms. Once an accepted contract is in place, a copy should be sent to the lawyer promptly.
How much does a real estate lawyer cost in Victoria?
The cost depends on the type and complexity of the transaction. Many standard purchases, sales and refinances can be handled for a flat legal fee, plus taxes and disbursements. Tathgar Law can provide a quote after reviewing the basic details of the transaction.
Can Tathgar Law help with a private sale without a realtor?
Yes. A lawyer can prepare or review the contract, explain the parties’ responsibilities and handle the closing. Both the buyer and seller should have separate legal advice because their interests are different.
Can a real estate lawyer help with a private mortgage?
Yes. Tathgar Law assists with private mortgage documents, lender and borrower requirements, title review and mortgage registration. The parties may need separate lawyers to ensure each receives independent advice.
Is virtual signing available for real estate transactions?
Virtual signing may be available depending on the transaction, lender requirements and identification rules. Contact Tathgar Law to confirm whether remote signing is available for a particular matter.
What Clients are Saying
Buying, Selling or Refinancing Property?
A property transaction should not become more stressful because the legal process is unclear. Tathgar Law provides direct, practical legal support for residential and commercial real estate matters in Victoria and across Vancouver Island.
Contact Sunny Tathgar to discuss the transaction, request a fee quote or arrange an initial consultation.