Real Estate Retainer Agreement

Terms & Conditions

The following Terms and Conditions form a binding agreement between the above-named Client (“Client”) and SHAIKH LAW PROFESSIONAL CORPORATION, hereinafter referred to as “SHAIKH LAW FIRM”; Your signature hereinabove or by registering online at our website indicates your acceptance of the following terms and conditions, a copy of these terms and conditions is also available on our website:

  1. This Agreement confirms that you have retained the Legal Services of SHAIKH LAW FIRM and your lawyer on record will be Ali Shaikh to act on your behalf in relation to the above-noted matter and sets out below our agreement with you regarding the payment for our work on your behalf. It is hereby further confirmed that Ali Shaikh may assign your File to another associate Lawyer working at the Law Firm to assist you will your Real Estate Transaction.
  2. You hereby further confirm by way of this Agreement that Shaikh Law Firm, through it officers, employees, representatives and assigns, will represent you before all forums, departments and to act on your on your behalf in relation to your selected matter hereinabove.
  3. Our Flat Real Estate Lawyer Legal quote shall include a list of services as well as what is not included. However, generally all Our Real Estate Legal Fees include the following services rendered by our office: TO receipt of instructions for sale/purchase/mortgage; TO making all necessary title searches; TO obtaining a Tax Certificate as and when deemed necessary; TO ascertaining how the purchasers wished to be described on title; TO preparation of the Transfer of Land; TO preparation of the Statement of Adjustments; TO determining the manner in which sale proceeds should be disbursed; TO attendance on execution of all relevant documents; TO receiving/forwarding the Transfer of Land and Statement of Adjustments to the Solicitors for the Purchasers or vendor; TO correspondence with the mortgagee prior to closing and to obtaining a statement for discharge purposes with respect to the previous mortgage; TO delivering discharge/sale funds forthwith after closing in accordance with the said statement; TO seeing to registration of the discharge and to obtaining a Certificate of Title and providing same to the purchasers’ solicitor; TO receipt of the cash balance required to close and depositing the same into our trust account; TO authorizing the release of keys for the premises; TO advising the real estate agent of the completion of the transaction and paying the balance of commission owing; TO all other related correspondence and communications and reporting to you herewith; TO acting for you with respect to a single or multiple mortgage(s); TO receiving and reviewing mortgage instructions; TO preparation of the Mortgage, direction and other necessary documents; TO all correspondence with the mortgagee and submitting a preliminary report; TO registering the Mortgage; TO receiving the mortgage advance into our trust account; TO submitting a final report to the mortgagee enclosing the required documentation & To do all acts that are deemed necessary as per the requirements of the Law Society governing the concerned office for completion of a Real Estate File.
  4. Our Real Estate Legal Fees includes spending two hours for Sale and Refinance and three hours for a Purchase file. The specified number of hours include up to 30 minutes for client interviews and meeting for signatures, telephone calls with you and with other people involved in your Real Estate File. An additional fee may be charged for any additional time spent on your file especially if we had to spend additional time due to a complication in your matter such additional charges may be charged based on the nature, importance, and urgency of the matters involved, the general conduct of the matter, the dollar amount at issue, the skill, labour and responsibility involved, and if a particularly beneficial result is achieved on your behalf. The Fees, Expenses, and Taxes quoted by our Real Estate Calculator, or online are mere estimated figures only. Fees, Expenses, and Taxes quoted by our Real Estate Calculator may increase without notice, generally speaking, our quotes do not change however we would strongly encourage to contact our office to confirm if our rates have changed or not. Our statement of Account and transaction statement will be provided to our client to explain details of all payments made on their behalf as well as our fees charged. The estimated fees are based on the understanding that our office will not encounter unusual difficulties in the completion of your Real Estate transaction or an extension of the closing date is not required due to unnecessary difficulties. If in the event an unexpected difficulties, complications or extensions arise then Shaikh Law hereby reserves the right to increase our fees based at our Real Estate Hourly rate of $270 per hour. An additional fee may be charged based on the nature, importance and urgency of the matters involved, the general conduct of the matter, the dollar amount at issue, the skill, labor and responsibility involved, and if a particularly beneficial result is achieved on your behalf.
  5. The estimate total fees quoted on our website is based on a standard transaction where only one registration, of transfer and one registration of a mortgage or in the case of sale only one discharge of mortgage, is required. Should there be additional registrations of mortgage or discharges, then additional Legal Fees of $90 + Tax will apply per registration and/ or discharge. Additional Charges would apply for the weekend and after hours appointments, please contact our office if you wish to have such charges waived. Review of Documents or Consultation in additional to first free 30 minutes is charged at $90.00 per hour + Tax. Home Visits are $90 per hour plus mileage at $0.75 + Tax. Please visit our Real Estate Lawyer Fees page for further details.
  6. If in the event you decide to cancel the transaction prior to closing or otherwise decide to transfer the file to another lawyer, then you shall be responsible pay our full Fees quoted on our website and all disbursements made on your behalf.
  7. In addition to our fees and disbursements, you will be required to pay all applicable taxes required on the date of closing. In the case of a purchase of property, we require sufficient funds a minimum of three days prior to your closing date by way of a certified cheque, bank draft, or money order to complete your transaction. This amount will include the amount owing to the vendors plus legal fees, disbursements and adjustments for extra expenses and taxes.
  8. Disbursements and expenses examples include charges for filing legal documents before the property register and the costs of signatures, title searches, photocopying, faxing, postage, bank Draft charges, tax certificates and courier services.
  9. We have not included Title Insurance fee in our estimate, however, this amount is charged at the request of your lender. If your Bank or the Credit Union requires you to obtain title insurance, then we will apply for Title Insurance, which may range from $250 to $500 or more depending on the price, condition or location of your property. If you have a mortgage on your property, then due to a processing time at the Property Registry Winnipeg or Land Titles Office your mortgage funds may not be released until 2 to 4 weeks after possession. Therefore you would be expected to pay at least one months interest in advance. The advance interest is refundable on a prorated basis, depending on the date when the funds are released from your lender and/or when the transfer & Mortgage is registered at the Property Registry office. To inquire further, feel free to contact our Real Estate Lawyer. As for Sale & Refinancefile, you are responsible to ensure that your provide to our office all required information at least two weeks in advance, including your mortgage statements, proof of last tax payment. As for a Purchase file, it shall be your responsibility to ensure that your lender and or Mortgage Broker has sent to our office mortgage instructions at least one week in advance and your realtor has sent us the offer to purchase or agreement of purchase at least two weeks before closing date. We will commence work on your file two days before closing or when we have received full and complete information. If in the event our office does not receive complete information within the prescribed time, we may charge additional fees for rush closing fees. It is the client’s responsibility to provide our office with the full, complete and accurate disclosure of information, thereby to enable our office to prepare accurate Real Estate documents. Our existing Real Estate Clients can avail $45 discount on subsequent files or apply the discount to their referrals of friends or family. Referral by a registered Realtor with our office would automatically qualify our client for a $45 discount. In order to qualify for Registered Realtor discount, the Realtor must be registered with our office in our database. Please ensure to inform our office if you are eligible to qualify for a discount. All fees, expenses or charges quoted are exclusive of applicable taxes.