Real Estate Closing

Terms & Conditions of Retainer

Thank you very much for your interest and confidence in retaining our law firm to represent you with respect to Real Estate Transaction.

We know that this matter is extremely important to you and we intend to make every effort to achieve the goals sought by you.

Please do not hesitate to contact our office at any time if you have any questions as the transaction progresses. We shall be scheduling a meeting shortly before the closing date to review and sign the closing documents.

Please take the time to review this retainer agreement thoroughly. If you do not understand any of the terms or language, please contact us, and we will gladly explain any questions you may have. The following are the terms and Conditions of our Retaining services for the matter you have selected. Upon submitting our online intake form, you are accepting our terms and conditions for a retainer. We have also posted the terms and conditions on our website for your review. We are proud to state that we are transparent in our dealing and ensure that our clients are fully informed about the entire process.

Terms & Conditions

The following Terms and Conditions form a binding agreement between the Client and SHAIKH LAW FIRM (Registered as Shaikh Law Professional Corporation). This Agreement confirms that you have retained the Legal Services of SHAIKH LAW FIRM to represent you about your real estate transaction and establishes a solicitor and client relations between the lawyer working on your file yourself. You hereby further confirm by way of this Agreement that Shaikh Law Firm, through its Lawyers and or officers, staff or agents, will represent you before all forums, departments and to act on your behalf in relation to your selected matter hereinbelow.

Our all-inclusive Flat Legal Fee is based on a Residential Transaction for a vacant single-family property on the date of closing and upon receipt of mortgage instructions a week before closing (if applicable)

Real Estate Lawyer Fees for Purchase or Title Transfer (Party going on title)

Our real estate lawyer fees for buying a property is $999 + Tax for a cash purchase. However, if purchasing with a mortgage, then add $99 + tax.

WHAT IS INCLUDED IN LEGAL FEES;

  • One Title Search;
  • Two Writ Searches;
  • Two Execution Searches;
  • Bank Charges, including Two Certification of Cheques;
  • Printing, Courier Charges;
  • Phone & Fax charges;
  • Software Charges;
  • File Opening Charges;
  • One Appointment/ Mobile Signing;
  • After Office Hours Appointment;
  • Securing Title Insurance;

WHAT IS NOT INCLUDED IN LEGAL FEES;

  • Land Transfer Tax; (Charged As Per Invoice)
  • Title Insurance; (Charged As Per Invoice)
  • Registration Cost per Transfer or per Mortgage $78; (Charged As Per Invoice)
  • Online Mortgage Instructions Bank Charge $28.25 (If applicable)
  • Additional Title Searches (If required).
  • Tax Certificate $90 (Optional)
  • Bank wire fees $35 to $98 (If applicable).

Real Estate Lawyer Fees for Sale or Title Transfer (Party going off the title)

Our real estate lawyer fees for selling a property is $900 + Tax. 

WHAT IS INCLUDED IN LEGAL FEES;

  • One Mortgage Payout or Any other payout;
  • Bank Charges, including Two Certification of Cheques;
  • Printing, Courier Charges;
  • Phone & Fax charges.
  • Software Charges;
  • File Opening Charges;
  • One Appointment/ Mobile Signing;
  • After Office Hours Appointment;

WHAT IS NOT INCLUDED IN LEGAL FEES;

  • Law Society Levy $65;
  • Per additional Payout $63 + Tax if required;

Real Estate Lawyer Fees for Refinance. 

Our real estate lawyer fees for refinancing a property is $900 + Tax.

WHAT IS INCLUDED IN LEGAL FEES;

  • One Mortgage Payout or Any other payout;
  • Bank Charges, including Two Certification of Cheques;
  • Printing, Courier Charges;
  • Phone & Fax charges;
  • Software Charges;
  • File Opening Charges;
  • One Appointment/ Mobile Signing;
  • After Office Hours Appointment;
  • Securing Title Insurance.

WHAT IS NOT INCLUDED IN LEGAL FEES;

  • Title Insurance;
  • Government Registration Cost per Mortgage $78; (Charged As Per Invoice)
  • Online Mortgage Instructions Bank Charge $28.25 (If applicable)
  • Per additional Payout $63 + Tax if required.

Real Estate Lawyer Fees for Interim Closing is $450 + Tax

Real Estate Lawyer Fees for review of Agreement is $450 + Tax

Free Consultation

We offer free 15 minutes consultation to help our clients understand and decide if they wish to retain our services.

Scope of Work

Our Real Estate Legal Fees include the following services rendered by our office:

TO receipt of instructions for sale/purchase/mortgage; TO make one title search or one parcel page search, any additional parcel page search will be charged separately at $63+ Tax per search(if required) and two execution searches are included, additional execution search will be charged separately $63 + Tax; 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, One Signing Appointment, Sale & Refinance File One Mortgage Payout included , Printing, Faxes, Courier Charges are included.

Statement of Account or Invoice

Our statement of Account and transaction statement will be provided to our Client to explain details of all payments made on their behalf and our fees charged.  

Additional Fees (If applicable)

Our Law Firm reserves the right and discretion to charge additional fees in the event of additional services rendered. The fee quoted on our website is subject to a standard transaction and within the scope of work mentioned hereinabove. An example of a typical transaction would be where only one registration or transfer and one registration of a mortgage or sale only one discharge of mortgage, is required. Should there be additional payout in the sale or refinance an additional Legal Fees of $63 + Tax plus applicable government charges (if any). Additional charges would apply for weekend and after-hours appointments; please contact our office if you wish to have such charges waived. Additional charges may apply based on the nature, importance, and urgency of the matters involved, the case’s general conduct, the dollar amount at issue, the skill, labour and responsibility involved, and if a particularly beneficial result is achieved on your behalf. If there is a complication in your file, please contact our office to waive additional fees. Additional Legal Fees of $450 + Tax per extension will apply if either party requests an extension. Additional legal fees of $450 + Tax would apply for redrafting documents, change of lender, or any form of complication in a file or which is beyound teh scope of work described hereinabove. Please contact our office to waive these fees. Additional Fees of $450 + Tax will apply if our office is expected to negotiate the purchase price or negotiate a holdback due to the vendor’s not fulfilling their obligations under the Agreement. We would consider a request to waive additional fees within reasonable circumstances. 

Termination of Legal Services

By Client: As a client, you have the right to terminate our services upon written notice to our Law Firm by way of an email, subject to payment of full Legal fees for services rendered. 

By Law Firm: We reserve the right, subject to maintaining a proper standard of professional conduct, to terminate our services upon written notice to the Client through the email provided in the client intake form. Some but not examples of reasons to terminate the contract are listed below:

  • If the Client fails to co-operate with the Law Firm or it staff at any given time;
  • If the client acts or omissions are unethical and impractical;
  • If the Client makes false, misleading or dishonest statements;
  • If the Client exhibits improper behavior or aggression;
  • If any fees is not paid to the Firm despite repeated requests;
  • If there is any conflict of interest that would render our representation unethical to continue;

The file can be terminated without paying any fees if we have not started work on your file. If we have commenced work on your file, our Law Firm will bill up to a maximum of $540 + Tax plus any third party charges that may have incurred. 

Taxes & HST

In addition to our fees and disbursements, you will be required to pay all applicable taxes required on the date of closing.

Duty of Client

As for the Sale & Refinance file, you are responsible for ensuring that you provide our office with all required information and documents at least one week in advance, including your mortgage statements, proof of last tax payment. It shall be the Client’s responsibility to ensure that your lender has sent mortgage instructions at least one week in advance. If our office does not receive complete information a week before closing, we may charge additional fees for rush closing fees $450 + Tax. It is the Client’s responsibility to provide our office with full, complete and accurate disclosure of information, thereby to enable our office to prepare accurate Real Estate documents.

Rush Fees & Change in Information Fees $450

If mortgage instructions are received less than seven days from the closing date, Rush Fees of $450 + Tax would apply. If the Client has changed lenders or requires any change in information, then a change in information Fee of $450 + Tax would apply. 

Discount to Existing Clients

Our existing Real Estate Clients can avail of a $45 discount on subsequent files. All fees, expenses or charges quoted are exclusive of applicable taxes.