about us
faqs
Answers to your most commonly asked questions.
FAQs
General FAQs
Where Are You Located?
Our office is located at 640 Muskoka Road North, Gravenhurst, Ontario P1P 3E7. We are inbetween the Salvation Army and the Optometrists, close to Winewood Avenue.
What Are Your Fees Based On?
Fees are based on time spent to resolve your matter. There are also other factors that come into play, such as the timing for completion (i.e. is there a rush on the file) and whether travel is required.
How Do You Bill?
Some type of work, like real estate (purchases, sales, title transfers, etc.) tends to be charged as a block fee (or flat rate), while other matters are billed according to time spent. Please contact us for your specific needs.
Who Do I Communicate With?
If you are a new client looking for information, call us at 705-687-6782 and enter “0”. You will then be directed to the appropriate party. If you are already a client, and know who you have been dealing with, enter their extension to be connected without delay.
What Are Your Hours Of Operation?
We are open Mondays to Thursdays, 8:30 a.m. – 4:30 p.m., Fridays 8:30 a.m. – 4:00 p.m. We are also available evenings and weekends on request.
Will the information I provide remain confidential?
All of the information you provide to us will remain confidential.
How do I start?
The best place to start is to give us a call and speak with us about your matter. We will need to gather the appropriate information in order to provide you with proper advice, so we will ask a lot of questions and get as much detail as possible.
How much am I going to spend on my case? Why won’t lawyers commit to fixed costs?
Lawyers charge in accordance with their hourly rate. We unfortunately cannot determine how much you will spend on your case because of the unique circumstances of each situation, an the variety of factors that influence the cost. The cost of your case will also be dependent on how responsive you are, and depending on the matter, whether you choose to assist in gathering information, or if you request us to do it.
It is possible for complicated cases to be resolved quickly and inexpensively when the parties are cooperative. On the other hand, even relatively straightforward cases can become very costly if one or both of the parties conduct themselves in a difficult and oppositional manner. We do everything possible to be efficient and cost effective.
Do I need to meet with a lawyer in person or can it be done electronically?
It all depends on the matter. For most real estate, family and corporate matters, we can conduct everything through electronic means, including ID verification. For civil, estates, wills and powers of attorney, it is more than likely that we will have to meet in person, or do zoom calls to view signing of documents where a wet signature is required.
FAQs
Real Estate FAQs
Do I need to pay off my mortgage before the sale closes?
No. It is better if you provide us with the mortgage account number and we take care of paying it out and ensuring that it gets discharged from title.
Do I need to send you the Agreement of Purchase and Sale?
No. Please tell you real estate agent that you want Pregler Law to represent you in your transaction, and the real estate agent will send us everything that we require.
Do I need to meet with a lawyer in person?
No. We are able to complete most transactions by using DocuSign to get electronic signatures, and meet by Zoom to review the documentation.
When I sell my home, what do I need to do?
You need to contact all your utilities (gas, hydro, water, propane) to notify them of your move out date. If you have pre authorized tax payments this must be canceled by you at least 20 days before moving. You do not need to contact the municipality with respect to your property taxes, we do this for you. Do not cancel your home insurance until we have notifified you that the transaction has closed and has been registered.
When I purchase a home, what do you need from me?
While not an exhaustive list because every deal differs, on all deals we will need a valid photo ID, a secondary ID, your full legal name, your date of birth, your pre-closing address, the name of your bank/lender if you are getting financing, and home insurance confirmation. You will also need to contact all utilities to set up new accounts in your name.
When I sell my home, what happens on closing?
Once we are in receipt of funds from the purchaser, our office will contact you to ensure you’re out of the home and the purchaser’s will be able to move in once the transfer is registered. Our office will get a lockbox code from the listing agent to give to the purchaser so they will have access to the key for the front door. Please leave any additional keys in an obvious place like the kitchen counter. Our office will do registrations/payouts of mortgages or debts/ payments to the real estate brokerage/ bank, and will deposit the remaining funds to you. Once this has all been done, we will call you. At this time, you can notify your insurance company that your home insurance can be cancelled, effective immediately.
When I buy a home, what happens on closing?
We will require any funds from you at least one business day in advance of closing. Mortgage funds are received on the day of. We will handle moving funds and registrations, as well as payment of Land Transfer Tax, and then will call you once the deal has been completed to give you the lockbox/access code to retrieve a key to the front door. The listing agent will usually come to retrieve the lockbox from the door a day or two after closing. We notify the Tax Department of the change of ownership.
What is the cost of a typical sale or purchase?
In a standard sale or purchase transaction, legal fees are based on block fees, and also depend on whether there is a mortgage discharge, a new mortgage, other payouts required etc. Disbursements are added, as well a costs for a title search where required, but this also varies from transaction to transaction. Land Transfer Tax is also paid in accordance with Minister of Finance tabled guidelines (based upon purchase price). Title Insurance is also added on purchases or where new financing is required by the mortgage lender. It is best to give us a call and we will get the particulars of your transaction and provide you with a quote.
First time home buyer – is there a break on Land Transfer Tax?
First time home buyers may be eligible for a refund (which is claimed at time of registration) for up to $4,000.00. Specific provisions – Canadian over the age of 18, cannot have owned a home or interest in a home at any time, anywhere in the world. We will advise you on how much Land Transfer Tax is on your purchase.
What is the difference between joint tenancy and tenants in common?
Holding title in joint tenancy means that upon the death of a joint tenant owner, the property automatically transfers to the surviving joint tenant(s). As a tenant in common owner, the property would transfer according to the provisions of your last will and testament.
Can a son/ daughter be added to title?
If there are no encumbrances/mortgages on title, a transfer to a child may be made; however, if there are encumbrances/mortgages on title (ie. Bank mortgage), written authorization is required from the bank to add an individual on title. When considering adding a child on title, there are a number of other considerations, especially as it relates to estate planning, potential liabilities and tax implications.
Can you do a transfer of property as part of estate planning?
Yes. We do a lot of title transfers to assist individuals in their estate planning, the most common of which are joint ownership and bare trusts. We will determine in our discussions which method is right for you and explain any implications beforehand.
Can a lawyer represent both the seller and buyer in a real estate transaction?
An individual lawyer cannot typically act for both the transferor and transferee under the Rules of Professional Conduct due to conflict of interest. There are, however, some exceptions such as transfers as a result of a family law agreement (i.e. separation agreement), transfers between family members under some circumstances, etc.
Should I get a home inspection?
Yes, we would highly recommend obtaining a home inspection, prior to firming up an Agreement of Purchase and Sale. A home inspection will help to identify any potential issues, have the sellers fix or repair any identified issues, or provide a bargaining tool as to a rebate in the purchase price.
What is title insurance?
Title insurance provides coverage against losses due to unknown or undetected defects that affect your registered interest in the title to your property. It is a one time fee and covers you for as long as you own the property. Title insurance does not cover defects which you are aware of prior to the closing of your transaction, or which you may have agreed upon in your Agreement of Purchase and Sale. The lawyer will walk you through all the details of the title insurance coverage when you meet before closing.
Can I sign electronically?
Yes; however, new third party identification verification is required, when identification cannot be verified in person.
When working with a realtor, should I include a “solicitor approval” condition in the Agreement of Purchase and Sale?
Yes, we would highly recommend you have a lawyer review the APS before signing to protect your interests and answer any questions you may have with regard to the details of the contract and the obligations therein.
Do you do severances and shore road closings?
Yes, we can meet with you to discuss your needs, and guide you through the process(es). We also do variances, purchases from the MNRF, registration of easements/rights of way etc.
Should I sign the Docusign documents before our meeting?
You can sign Docusign agreements before meeting with the lawyer. If there are any changes required that come out of the meeting, they will be made and sent to you for signing.
FAQs
Family Law FAQs
Do you take Legal Aid?
No, we do not take legal aid. To find a legal aid lawyer near you, please visit
https://www.legalaid.on.ca/lawyers/
What is cost of doing a Separation Agreement / Cohabitation Agreement / Marriage Contract?
The cost of doing any type of family law agreement will depend on the willingness of the parties to cooperate and the amount of assets at stake. Typically, cohabitation agreements and marriage contracts will be less costly than separation agreements which tend to have at least some acrimony between the parties, but that is not always the case. Where you have prior families involved, we also have to look at pre existing agreements, who are potential dependants etc., as well as impact on estate planning to ensure that the intention of the parties’ is aligned with their obligations, wills etc.
What is the cost for a Divorce?
The cost of a divorce varies on a number of factors, including whether there is a pre existing agreement (i.e. separation agreement, cohabitation agreement, marriage contract) already in place, the acrimony between the parties, and whether the application is joint divorce application or not. There are significant fees to be paid to the court for filing a divorce application as well.
Do you go to Family Court?
Our firm does not do litigation. We represent clients on less contentious matters, and where requested by clients, we can work with another law firm that specializes in litigation, if that is what makes our client more comfortable. We believe that litigation should be a last resort. The costs, both monetary and emotional, when embroiled in litigation, often outway the benefit and neither party wins. Where we do not see any other avenue than litigation, we will be up front with you and direct you accordingly.
FAQs
Estate Planning FAQs
Is a Will important?
A will is absolutely critical to ensuring that your estate is dealt with efficiently and in accordance with your wishes. Dying without a will (dying intestate) can be expensive and contentious, putting undue pressure on family that could easily be avoided. In almost every instance, dying intestate requires someone to apply for a Certificate of Appointment (probate), which can be costly, and the resulting distribution of estate assets takes a lot longer than it should. In addition, not having a will often results in family discord.
Is a Power of Attorney important?
A power of attorney is extremely important and should not be overlooked. If one does not have a power of attorney and they become incapable of making decisions, then the only option is to apply for a guardianship order, which is expensive and time consuming.
What are the most common mistakes in estate planning?
In general, the most common mistakes in estate planning stem from not having a plan, not reviewing your plan every few years, not understanding what probate is, being incorrectly advised by web searches, friends and family members, being concerned with what your family will think, and trying to rule from beyond the grave. Other common mistakes pertinent to estate distribution of assets include leaving assets solely in one name, not putting down beneficiaries where possible, making the estate the beneficiary, not considering the use of trusts, not understanding rolloever exemptions and tax implications. When you meet with a lawyer, all these common mistakes are avoided, or you will have a clear understanding of your decisions.
Who should I name as my executor (in my will) or my attorney (in my powers of attorney)?
The attorney(s) and executor(s) are important to ensuring that your wishes are met while alive and on your passing. It is not a decision that should be taken lightly, as these individuals have a fiduciary obligation to act in your best interests, the estates best interests, and the beneficiaries best interests. They need to be trustworthy, capable and able to act, impartial and loyal. This does not always mean that a family member is best to be appointed, and should be discussed with your lawyer. Further, it is not recommended to name multiple individuals and make them all joint attorneys/executors to avoid hurting someone’s feelings.
What is a trust set up in a will?
A trust set up in a will is called a testamentary trust. Common testamentary trusts are Henson Trusts, Spousal Trusts, House Trusts.
What does a Power of Attorney for Personal Care cover?
A power of attorney for personal care can include all, or some, of the categories of care defined withing the Substitute Decisions Act: health care, nutrition, safety, hygiene, shelter, clothing.
When does a Power of Attorney for Personal Care take effect?
A power of attorney for personal care takes effect when you are no longer deemed capable of making decisions.
When does a Continuing Power of Attorney for Property take effect?
A continuing power of attorney for property takes effect immediately on signing.
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