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Mandani Law
Corporate, Real Estate, Immigration and Municipal law firm
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      • PROPERTY PURCHASE INTAKE FORM
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      • REFINANCE RETAINER & INTAKE FORM
      • WILLS INTAKE FORM
      • POWER OF ATTORNEY INTAKE FORM
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  • HOME
  • ABOUT
  • SERVICES
  • TESTIMONIALS
  • BLOG
  • CONTACT
    • NOTARY APPOINTMENTS
    • INTAKE FORMS
      • PROPERTY PURCHASE INTAKE FORM
      • PROPERTY SALE INTAKE FORM
      • REFINANCE RETAINER & INTAKE FORM
      • WILLS INTAKE FORM
      • POWER OF ATTORNEY INTAKE FORM

PROPERTY SALE RETAINER & INTAKE FORM

  • RETAINER AGREEMENT FOR CLIENTS SELLING PROPERTY IN ONTARIO

  • Congratulations on your upcoming real estate sale and thank for choosing Mandani Law!

    Mandani Law Professional Corporation, will be acting on your behalf with respect to your sale of your real property. We will be handling all enquiries and preparing documentation in relation to your transaction. Please do not hesitate to contact our office at any time if you have any questions as the transaction progresses. There are several issues mentioned below that We should discuss soon, either in person or by telephone. We will also need to meet shortly before your closing date to review the entire transaction, sign the documents and arrange for the transfer of the sale proceeds. Someone from our office will contact you to arrange such a meeting closer to when this date approaches.

    Please review this agreement thoroughly. This agreement establishes the solicitor-client relationship (i.e. lawyer and client). If you do not understand any of the terms or language, please contact us and we will gladly explain any questions you may have. This agreement sets out the rights and responsibilities between our law firm and you the client.


    SCOPE OF SERVICES

    At this time, Mandani Law have not been retained to represent you generally or in connection with any other matter. We will not be able to advise you on tax matters as we do not practice tax law but we can work with tax professionals you retain, to obtain advice that we can incorporate into the relevant documentation. By agreeing to this Retainer Agreement, you, the client(s) shall hold Mandani Law Professional Corporation, it's lawyers, staff, agents, heirs and successors harmless and shall indemnify them from all claims and liabilities relating to taxes liabilities and concerns.

    During the retainer, we have authority to act for and on behalf of you in connection with such matters and to conduct such matters in all respects. Except where you have specifically instructed otherwise, we may act on your behalf and bind you in all necessary and related legal forms and procedures within reason and we will be expected to take all steps reasonably necessary to further and protect your interests.


    CLOSING DATE

    The closing date of your transaction will be listed in the Agreement of Purchase and Sale and may be amended by an amendment form agreement to the original Agreement of Purchase and Sale. Your real estate agent should be able to assist with any amendments to the closing in the early stages of your transaction. Please keep our office informed of any delays or changes in the closing date.


    Additional Fee For Delays Caused By Client

    If any delays are caused by you as a result of any reason within your control, then we reserve the right to charge an additional $350 plus HST per extension.


    FEES AND DISBURSEMENTS

    Our legal fees for completing your transaction are $900, plus HST, and all applicable disbursements and taxes. This fee includes services rendered in a standard real estate sale transaction.

    In some real estate transactions, there may be unforeseen issues and/or difficulties that arise as a result of matters beyond our control. We reserve the right to increase our fees to reflect any additional time expended with the completion of your transaction and will contact you to discuss same.

    Mandani Law shall have the right to charge additional fees for more than one mortgage or loan payout that Mandani Law is required to discharge for closing.


    What Are Disbursements?

    Disbursements are expenses that your lawyer charges you for out-of-pocket expenses that you would otherwise be required to pay if you handled the transaction yourself. Because your lawyer generally pays these expenses, the lawyer requires you to reimburse them by including these items in their account. Examples of disbursements include but are not limited to:

    • Execution Certificates – fee paid to the government to search for writs registered against purchaser and vendor name

    • Law society levy – Charge by law society, in Ontario it applies where there is no title insurance or on the sale of a property

    • Parcel Register – Charges to research title

    • Photocopy and printing

    • Postage and couriers

    • if required, discharge of mortgage fee – Paid to the Ontario government to discharge the mortgage from Title

    • Software transaction charge – For the specialized software used by your lawyer

    • If your property has two or more units or is located in a rural environment; then additional enquires may also be necessary.


    INTEREST

    Under the Ontario Solicitors Act, bills for fees and disbursements remaining unpaid more than 30 days after the bill is delivered, will bear interest at a prescribed rate as specified on the bill. Payment is due on all of our accounts when rendered. If any account is not paid within 30 days, interest will be charged on the outstanding balance at a rate of 5% per annum from the date of the account, until paid.


    INFORMATION REQUIRED

    Please provide the following information and/or documentation to our office as soon as possible:

    • Copy of your Transfer.

    • Your most recent realty tax bill.

    • Details of any mortgage or secured line of credit (institution, mortgage number, etc.) registered against the title to the property.

    • Details of any bridge loan (institution, reference number, related property purchased, etc.) that must be paid off upon the closing of this sale transaction, as well as a copy of the bridge loan agreement and any other related documents.

    • If your house is heated by oil, the capacity of the tank and a recent fuel oil bill.

    • If your water is not metered, a copy of your most recent water bill.

    • Any survey of the property which you might have. Please advise us of any changes to the property which are not shown on the survey (for example, a deck addition).

    • Your country of residence (if not Canada).

    • Whether the property is used, in whole or in part, for purposes other than residential use as HST may be applicable to the sale under such circumstances.

    • If any part of the property is currently tenanted and the purchaser(s) will be assuming the tenancy upon closing in accordance with the agreement of purchase and sale, please let us know the part of the property that is subject to tenancy (e.g. basement), the name(s) of the tenant(s), the amount of rent, the payment date of the rent (e.g. first day of each month), the amount of the last month's deposit (if any) and the date when the last month's deposit was received (if applicable).

    • Your mailing address and telephone number following closing.


    FIRE INSURANCE

    You are responsible for cancelling your fire insurance coverage. We recommend that you do not cancel the insurance until the day following the actual closing of the sale.


    UTILITIES

    You are responsible for contacting the local utilities authorities (water, hydro and gas) and telecommunications companies to terminate your accounts and to arrange for final meter readings if applicable.


    KEYS

    I will require at least one set of all keys necessary to enter the premises to deliver to the purchaser on the closing date.


    SIGNING

    We will meet with you shortly before your closing date to review your file and to have you sign documents. We will discuss the distribution of the sale proceeds, including any remaining real estate commission obligations, and the payment or transfer of funds. We will need to meet with each person required to effect the transfer. If any such person will not be available at that time, please advise us as soon as possible as alternative arrangements may have to be made.


    IDENTIFICATION

    At our meeting, We will require each person, as noted-above, to bring two pieces of identification, one of which must be Canadian/Federal or Provincial government-issued photo identification such as a driver's licence or passport. Unfortunately, a health card is not acceptable identification. If you have any questions about what is an acceptable form of identification or if you do not have Canadian/Federal or Provincial photo identification, please contact us as soon as possible.

    If you have any questions or concerns regarding your transaction, please do not hesitate to contact our office. We look forward to being of service to you.


    TERMINATION OF SERVICES


    By you, the client

    You have the right to terminate our services to you upon written notice to our firm.


    By us, the Solicitor(s)

    Subject to our obligations to you to maintain proper standards of professional conduct, we reserve the right to terminate our services to you for good reasons which include, but are not limited to:

    • if you fail to cooperate with me in any reasonable request;
    • if our continuing to act would be unethical or impractical;
    • improper behavior or aggression;
    • if or retainer has not been paid;
    • you are dishonest; or
    • if you fail to pay our accounts when rendered.

    If you terminate our services or we withdraw our services, you would only have to pay fees, disbursements, and expenses up until the time we stopped acting for you.

    We would also have to withdraw our services if we learned of a conflict of interest that would make it unethical for us to continue to act for you. A conflict of interest occurs when what is best for one of the clients of our firm somehow is not best for or hurts another of our clients. If we have to withdraw our services for you because of a conflict of interest, you will only have to pay our fees and expenses up to the time we stopped acting for you.


    Fees Collected On Terminated Or Cancelled Matters With Flat Rate Fees

    Please note for matters that have flat rate fees such as Real Estate closings, we reserve the right to charge for our time and resources spent up to the termination of the solicitor-client contract.

    Terminations may also occur upon a client’s failure to close as a result of a lack of funds or other breach of contract. Mandani Law shall have the right to charge for its time and resouces on files that are terminated as a result of client negligence.


    OFFICE HOURS AND RESPONSE TIMES

    Mandani Law’s regular office hours are 10 AM to 6 PM, Monday through Friday.

    We aim to manage and prioritize our clients files depending on the nature and need of each matter. As such, please allow us to return your emails, phone calls and faxes within one business day. Emails, calls, and faxes received on holidays or weekends will be responded to the following business day. Please only leave a maximum of two messages a day on our voicemail, email, or fax systems.


    YOUR AGREEMENT TO THE RETAINER AGREEMENT FOR SOLICITOR AND CLIENT

    By entering in your information below and by clicking “I Agree”, you are acknowledging that you have read this retainer agreement in full and that you agree to abide by the terms set out above.

    If you do not agree to this retainer agreement, there is no solicitor-client relationship. Do not fill out the information below and submit this form agreement if you do not agree to these terms. Please advise us immediately of any questions, concerns, comments or if you do not agree to this retainer agreement.

  • Do you agree to the Retainer Agreement Above?

    By clicking I/We Agree, you are confirming the consent and agreement of the Retainer Agreement for all clients (i.e. legal owners of the property)
  • INTAKE FORM

    Please answer the questions below to help us with your upcoming closing.
  • For every file, the Law Society of Ontario and Mortgage Lenders require us to verify our clients' identity. We will verify the information you input here when we meet at our office. Please bring two pieces of ID with you when you come to our office. We can accept passport, driver's licences, Canadian credit cards, Canadian bank cards, and SIN cards. We cannot accept Health cards as valid ID.
  • Date Format: YYYY slash MM slash DD
  • Please provide us with your email address
    Do you agree to accept legal documents and to accept periodic notices and messages from Mandani Law via email?
    *NOTE - Under the Ontario Family Law Act, two parties can be declared common law spouses after they’ve cohabitated for at least three years unless they have had a child together and have cohabited in a relationship of some permanence. 1. Being married to another person nullifies the three-year requirement with the current partner until a divorce is obtained. 2. Temporary break-ups of the relationship that cause a break in cohabitation can delay or nullify the three-year requirement
  • We require this for our records and for the Law Society's ID requirements
  • Your Spouse's Information

  • Date Format: YYYY slash MM slash DD
  • Property and Address

  • Date Format: DD slash MM slash YYYY
    We ask this to confirm your understanding of the closing date and to ensure that the closing documents and agreement reflect your understanding.
  • Where will you be living after you sell this property
  • NAMES OF THE OWNERS ON TITLE

    Please enter the name(s) of all individuals who are currently listed as the owner(s) of the property on title.

  • EXISTING MORTGAGES ON TITLE

    This includes lines of credit that are secured against the property
  • Lenders are categorized by type and class
  • An approximate number is sufficient
  • Property Taxes

  • POWER OF ATTORNEY AND TENANTS

    During the COVID-19 Pandemic, our office will be signing closing documents virtually until the pandemic is over.
    If any part of the property is tenanted (rented out), please provide us with copies all lease/rental agreements.
  • Drop files here or
  • DOCUMENT UPLOADS

  • Below you can upload relevant documents relating to your property and closing. You can upload scanned documents or photos from a smartphone.


    "What if I don't have a scanner?"

    If you don't have a scanner but have a smartphone you can use a free scanner app such as Adobe Scan App (Available for Apple iOS and Android ) which allows you to capture documents into a PDF using your phone’s camera.

  • i.e. Driver's Licence or Passport and major credit card. No Health Cards, please. Please only submit unexpired IDs. Please submit both the front and back of the driver's licence.
  • i.e. Driver's Licence or Passport and major credit card. No Health Cards, please. Please only submit unexpired IDs. Please submit both the front and back of the driver's licence.
  • Please contact the City and order a Tax Statement of Account.
  • Please call your utility companies to advise them of the closing date.
  • Please upload a void cheque for the account we should deposit sale proceeds to. If you don't have a void cheque you can obtain a digital version or preauthorized payment form from your bank branch or online banking website.
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