When you buy or sell property, many issues may arise at any stage of the process. A sale may not be completed or, even once a sale is complete, there is still a chance that issues with the property may be discovered, potentially years later. In both cases, the buyer, seller, and lender are due to face issues. This is where the expertise of Devry Smith Frank LLP (DSF) lawyers is needed most. We can help both lenders and property owners navigate the difficult and frustrating aspects of title insurance and real estate to achieve efficient and cost-effective outcomes.
What options exist if the sale does not complete?
When a Buyer Breaches a Contract: A buyer who fails to complete the purchase has breached the agreement of purchase and sale. If the buyer breaches the agreement, the seller may sell the property to a new purchaser and sue the previous purchaser for any loss the seller suffered on the sale.
Specific Performance: Buyers or sellers may also bring an action for specific performance to force the completion of a purchase. Specific performance is a court ordered remedy where a party is directed to complete a specific requirement that is not simple payment of monetary damages. Depending on the facts of the case, there may be other options.
Misrepresentation of Property: A sale may also not be completed, or a completed sales contract may be breached if the property is not represented accurately. For example, if it is not disclosed that the basement has leaks, dampness and/or mould issues, a buyer may be able to seek damages from the seller.
Additional Property Title Issues
Claims of Property Possession: You may, one day, find that there are issues with regards to your title or, possibly, a neighbour is even claiming that part of your property belongs to them. In these matters, it is important to get legal representation as the laws can be difficult to navigate and tensions can escalate quickly.
DSF lawyers have vast experience representing major title insurance companies and have helped clients with removing work orders from title, dealing with claims for adverse possession, fixing issues on condominium plans, and other key areas regarding title.
Fraudulent Mortgage: Discovering that someone has registered a mortgage or title to your property without your knowledge or approval can be frustrating and cause a host of issues now and in the future. It is important in such a matter to get legal representation quickly. The lawyers at DSF can help you remove a fraudulent mortgage or correct title to your home and ensure you can retain ownership.
Other Real Estate and Title Litigation Services
With respect to real estate litigation and title insurance litigation, the lawyers at DSF are experienced in the following areas:
- Breaches of Agreements of Purchase and Sale;
- Misrepresentations about real estate;
- Title insurance work orders or other title deficiencies;
- Boundary issues;
- Conveyancing errors;
- Survey errors;
- Commercial lease issues;
- Commercial landlord and tenant issues;
- Lease defaults and collections;
- Mortgage enforcement
- Mortgage fraud;
- Mortgage priorities;
- Lending and financing disputes; and
- Disputes with condominium boards.
For further information call our office at (416) 449-1400