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Real estate agents are important because they re the ones licensed to act on your behalf when buying or selling a property For the purchaser, the agent can identify properties and provide valuable background and analysis that may interest you An agent will also represent your interests to the listing broker This arm s-length position can have its advantages when the time comes to negotiate a deal As vendor, you benefit from the agent s listing
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4: Establishing Your Investment Strategy
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services and ability to represent your interests and advocate for you in the marketplace Agents may also have tips that expedite the sale of your property, ensuring that you see a return faster than if you handled the sale yourself (We discuss the pros and cons of handling a sale yourself in 16) Though each real estate agent will have a different level of skill, and sometimes a unique area of expertise, matching your own needs with the talents of an agent isn t that difficult Family, friends, and colleagues can often recommend particular agents Real estate firms that handle the kind of property that interests you may also have recommendations You can do some preliminary research by talking to people at open houses or checking out the agent s Web site The provincial real estate association for your province and your local real estate board can provide further information on Realtors which may be helpful to you This would include providing relevant statistical data, as well as Buyer Agency Agreements, and so on Coined in the United States in 1916, the word Realtor legally applies in Canada only to members of the Canadian Real Estate Association (CREA) The code of conduct to which Realtors adhere is available on the CREA Web site at www creaca Interested in acting as your own agent We discuss this option in 16, in the context of selling your own property
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The number of risks accompanying real estate transactions make legal advice indispensable when you re buying or selling a property, and especially so when it s intended as an investment A lawyer will provide advice and guidance that helps protect your legal interests for residential real estate, and is particularly critical for commercial real estate, as the potential legal risks are even greater All the real estate and mortgage documents you sign, and the property you purchase, have legal implications, obligations, and potential risks Using a skilled real estate lawyer will mitigate those risks A lawyer who specializes in real estate law is critical, as you want an expert who is savvy and experienced in the area you re making your investments This will enhance the lawyer s ability to meet your needs with respect to due diligence and risk management For example, you should have your lawyer review your prospective offer and contract documents before you make an offer Alternatively, there could be a condition in the offer that it is subject
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Part I: Understanding Real Estate
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to your lawyer s review which is satisfactory to you as the buyer, within a certain time frame Your lawyer can also review any condo bylaws to ensure there are no restrictions Your lawyer will also do a property search to review any financial or legal encumbrances against the property or restrictions on the nature of use References for lawyers are available from family, friends, or colleagues, or via a referral service operated by provincial law societies across Canada You can easily locate law firms with expertise in particular areas of real estate law using the Yellow Pages or your favourite Internet search engine You may be able to save a bit of cash by having the lawyer handling your mortgage documents also handle the documents related to your property transaction You must be careful that no conflict of interest exists, but this may not be easy if you live in a smaller community with a limited number of lawyers The bar association for your province should be able to provide further information on lawyers who may be of service to you
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