Real Estate
Would you get caught in a trust vs. gift dispute when handling purchase funds?
It can be uncomfortable to talk about money. When handling real estate purchases and domestic contracts, however, lawyers can’t afford to accept purchase funds on a “no questions asked” basis. Why not? Because if purchase funds come from somebody other than the prospective owner, the doctrine of resulting trust presumes that, regardless of who is… Read More »
Categories: 2015 February - LAWPRO 20th, Articles, Could This Happen to You?, Real EstateYou may be exposed to a claim if you release a private mortgage advance to a third party
LAWPRO has become aware of a new exception to coverage in certain title insurance policies which could expose real estate practitioners to claims from their private lender clients. The issue has recently arisen in connection with private residential mortgage transactions, and in particular where the lender and borrower are separately represented, as required, because the… Read More »
Categories: Alerts, Real Estate, Title insurance, TitlePLUSManage malpractice risk by recognizing cultural diversity
In the social realm, cultural differences can be awkward for those on both sides; but in the context of legal services, cross-cultural misunderstandings and other culture-related factors can occasionally lead to malpractice claims against lawyers. The good news: claims with a cultural component are easily preventable as they tend to reflect certain recurring themes. One… Read More »
Categories: 2014 September Diversity, Articles, Civil Litigation, Communications Errors, Criminal Law, Diversity, Practice Tips, Real EstateDoes title insurance bring benefits to the primary professional liability program?
We all know that notwithstanding the rise of title insurance in Ontario, claims arising from real estate practice are still a large (and in many years, the largest) exposure for the primary professional liability program that LAWPRO provides for the Law Society’s lawyer-licensees (the “E&O program”). We have explored why in other articles and settings…. Read More »
Categories: 2014 September Diversity, Articles, Insurance Business, Real Estate, Title insuranceTitle insurance policies are like a box of chocolates – No two policies are the same
“The lawyer should be knowledgeable about title insurance and discuss with the client the advantages, conditions, and limitations of the various options and coverages generally available to the client through title insurance,” states Rule 2.02(10) of the Rules of Professional Conduct. This obligation was brought home in a recent malpractice case where the lawyer did… Read More »
Categories: 2014 September Diversity, Articles, Real Estate, Title insurance, TitlePLUSWhen waiving a search comes back to haunt you
How a client perceives a lawyer’s role in a transaction often depends on the client’s experience. At one end of the spectrum, a new homebuyer may believe that the lawyer will not only navigate the process, but will also personally shield the client from all risks. At the other extreme, a sophisticated businessperson may urge… Read More »
Categories: 2014 September Diversity, Articles, Could This Happen to You?, Inadequate Investigation, Real EstateSubdivision control under the Planning Act: What do you need to know?
This is a shortened version of an article that appeared on August 1, 2014 in the TitlePLUS Today newsletter. See the full version at practicepro.ca/subdivision-control The subdivision and part lot control provisions of section 50 of the Planning Act are lengthy and complex. It can be difficult to sort out the parts that apply to… Read More »
Categories: 2014 September Diversity, Articles, Practice Tips, Real EstateTeraview tip: Is searching by municipal address getting you the right property?
Do you search by municipal address when using Teraview software? LAWPRO defence counsel have reported seeing construction liens filed on the wrong property where lawyers solely relied on municipal addresses. Note that Teraview presents you with an onscreen caution that “Addresses are approximate.” It is the legal description that determines which property is being impacted…. Read More »
Categories: 2014 June - Year in Review 2013, Articles, Practice Tips, Real EstateResolve to get your practice off to the best possible start
Professional liability claims can take the wind out of the sails of anyone’s legal career, but can be especially demoralizing for a new lawyer. Your best chance at avoiding claims is to develop great working habits right from the start. Here are some practice ‘resolutions’ that you may want to consider. Want more? Read the… Read More »
Categories: 2014 Student Issue 2, Articles, Civil Litigation, Communications Errors, Corporate Law, Criminal Law, Family, Law students/new lawyers, Legal Careers, New Lawyers, Real Estate, Wellness, Wills & EstatesMaking the application process easier and quicker: Streamlined TitlePLUS underwriting for many residential properties over $1 million
Constantly looking for ways to improve processes, we are pleased to provide an easier application process for some residential properties in Ontario over the $1 million mark. Our standard automated underwriting now applies to the following types of properties (for purchase, mortgage-only and OwnerEXPRESS policies): New and resale condominiums, up to $2 million; New homes… Read More »
Categories: 2013 September practicePRO 15th, Articles, Real Estate, TitlePLUS