le­gal mat­ters

A neigh­bour­hood prac­tice help­ing you with Wills, Pow­ers of At­tor­ney, Res­i­den­tial Real Es­tate and Mort­gages, Es­tate Ad­min­is­tra­tion

The Hamilton Spectator - - CANADA & WORLD -

David Reid Simp­son

David Reid Simp­son prac­tices law in the heart of West­dale Vil­lage, Hamil­ton. He grew up in the neigh­bour­hood at­tend­ing what was then George R. Al­lan School, Dale­wood School, West­dale Sec­ondary School and McMaster Univer­sity. He grad­u­ated from Os­goode Hall Law School and has been prac­tic­ing now for over 23 years.

James Reid Simp­son

James Reid Simp­son,Q.C., also at­tended the same schools as his son (ex­cept for Dale­wood) and has been a lawyer in West­dale for over 58 years.

Q I am work­ing with a real es­tate agent, but should I have a lawyer check over the of­fer be­fore it is firm?

A Of­ten lawyers get real es­tate deals at the point where they are al­ready firm deals. As such there is lit­tle we can do to ne­go­ti­ate changes. As well, in to­day’s hot mar­ket, there can be time pres­sures to get an of­fer in and to have it con­tain as few con­di­tions as pos­si­ble. An ex­pe­ri­enced real es­tate agent is a big help in guid­ing you through the process, but a real es­tate lawyer can also add ex­tra eyes to catch po­ten­tial prob­lems and is­sues. Some buy­ers ac­cord­ingly make it a con­di­tion that their lawyer re­view and ap­prove the agree­ment be­fore it be­comes bind­ing. This re­view can usu­ally be done quite quickly so it will not hold up the process. Of­ten there will be a con­cur­rent con­di­tion to se­cure fi­nanc­ing or to ar­range a home in­spec­tion. Even some­thing as seem­ingly small as tak­ing over the hot wa­ter rental can have big con­se­quences if the ven­dor has signed up for a ter­ri­ble locked-in plan. Buy­ing a house is a big move, so pro­ceed with care!

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