5 Important Facts About Real Estate Lawyers Clients Must Understand

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Whether you are purchasing or selling a house, your team of professionals is incomplete without having a professional real estate lawyer. The lawyers will help you find a new place and will also negotiate the best deals to sell your house.

The primary responsibility of real estate lawyers is to safeguard the financial interest of their clients. However, there are many other duties that real estate lawyers are accountable for while working for their clients. Some of these responsibilities include:

1. The Process of Documentation

Drafting proper documents is one of the main duties of real estate lawyers. The documents include sales deeds, leasing documents, rental agreements, purchase contracts and all financial negotiations. In most provinces, only real estate agents are eligible to perform these duties whereas in some regions attorneys are also allowed to create and amend documents.

2. Handling the Negotiations

Real estate attorneys are professionals who are well-versed in handling the negotiations. Thus, when a real estate agents are hired, they take care of all negotiations with other parties that include, lawyers, brokers, and developers. The real estate lawyer handle all the negotiations for their clients.

3. Performance of Due Diligence

Sometime when a client is directly negotiating with a party, they require the services of real estate lawyers to perform due diligence for the client. This means that in due diligence cases the real estate lawyers main responsibility is to check the legal documents, contracts and all other documents involved in the transactions. They act as a protector and adviser for the client and can check for any legal loophole that can trap their clients in future legal complications.

4. Legal Proceeding

While in most cases a real estate transaction is an agreed upon activity by both parties, sometimes a transaction can lead to disputed and legal conflicts that result in the legal proceeding.

In cases of lawsuits, the real estate lawyer plays an important role in representing their client and helping them win the case against the claimant. They have extensive knowledge of real estate law and can fight the case on behalf of the client.

5. The Process of Foreclosure

Real estate lawyers have knowledge and experience in the field of mortgage and trust deed foreclosure. In difficult economic crises, the real estate lawyers are expected to provide guidance to their clients to manage the foreclosure activity. For example, the real estate lawyer will find mistakes in the foreclosure process initiated by the lender if the real estate lawyer is representing the borrower.

All in all, the real estate lawyer job is one that deals with transactions, and their duties are not limited to litigation and legal proceeding. The real estate lawyer performs many duties such as facilitating the purchasing, selling, and the renting process.

Coquitlam Real Estate Lawyer

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Filing For Divorce: What You Need To Know

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1. Don’t Foresee “A Winning Conclusion” in the Divorce Proceedings

Many people file a divorce and consider they would “defeat” their spouse in the court case. In reality, divorce is a complex system with no real winners in most cases. There are many issues in a divorce, like claiming child custody, distribution of assets, or sharing of property. It is hardly possible for spouses to get everything they desire out of the divorce. In some case, a spouse may win the custody of a child but fail to get sufficient financial support, as filed for in the case. Divorce is not a process that guarantees any winner as both parties have to compromise. Instead, you should focus on the way to end the process smoothly without having to spend thousands of dollars on a complicated court case.

2. Don’t Jump to Decisions Without Thinking and Taking your Time

A divorce is a life-changing decision that has financial, emotional and legal complications. For example, you may need to sell your family house after a divorce or relocate. You may lose custody of your children or face financial burdens to raise them. It is therefore essential not to take a decision in the heat of the moment and think rationally about all possible outcomes of a divorce and then proceed.

3. You Are Separating: Your Kids Are Not

It’s understandable to have your temper hit the roof in heated divorce arguments. However, saying anything against your spouse while your kids are present is uncalled for and can have a negative psychological impact on the children. Prolong fights of parents during the divorce can be damaging to the emotional stability of the children. Refrain yourself to say anything insulting to your spouse in the presence of your children. Although divorce is not an ideal time to collaborate, you will be sharing the custody of your children with your spouse, so it is practical not to discourage discussions with your spouse and allow your children to have a healthy bond with both parents post-divorce.

4. Listen to Others, But Make your Own Decision

You will find your divorced friends reaching out to you with suggestions and opinions on how you should deal with your divorce. While you should listen to the experiences of others, you must make your own decisions as divorce is not the same for all cases. Your circumstances may be different from your divorced friends, and you should not generalize the process. The only person other than yourself who can guide you best on divorce issues is your divorce lawyer, your financial adviser or people who are living with you and are familiar with your family history and reason to file the divorce.

5. Stop Living in the Past. Plan for What’s Ahead.

You should not obsess on all the reasons that led to the filing of the divorce. Focusing on the past is not only hurtful but will not allow you to proceed with the divorce peacefully with your partner. Whatever the reason was, you have taken the decision and must work with your spouse to plan the best outcomes for your children. If divorce is inevitable, then it must not ruin your future life and the peace and prosperity of your family.

6. The Court is Not All That Easy

Trying to negotiate your way out of a marriage is not easy, and often you or your spouse may be tempted to take the case to court. However, bear in mind that court hearings are costlier as not only you have to cope with lawyers fees but the trial of court cases are lengthy. Often the income you claim to get from your spouse is significantly depleted by the time the court reached a decision as you spend thousands of dollars on attorneys. Try to negotiate a divorce settlement out of the courts as it will save you time and money.

7. Consider Other Alternatives

Most people are unaware that there are other alternatives to courts in a divorce case. Some third-party mediators can be contacted, and they are specialist in handling divorce negotiations and help the spouses reach an agreement.

Another approach is going for a “collaborative divorce” in which the spouses hire a collaborative attorney and decide to settle the divorce negotiation outside the court. A collaborative team consists of attorneys, mental health professionals, mutual financial advisers and they work closely with the spouses to reach terms and conditions that satisfy both spouses without having to file a case in court.

8. Keep all the Facts Open and Do Not Lie to Your Lawyer and Spouse

Your attorney will be able to help you if they are aware of all the key facts and reasons for divorce. Do not hide any details from your lawyer as it can harm your case during your court proceeding. If you plan to negotiate a deal with your spouse through a lawyer, you must clearly explain to your spouse what you need and why it is justifiable. You must not hide information from your spouse as the information may come up during court proceedings and your spouse can backtrack from a negotiation if you are found guilty of hiding facts.

9. Make an Inventory Lists of All items and Prepare Copies for All Important Documents.

You must make a complete list of all items in a house to avoid conflicts over claims later. Take pictures of all items and use time stamps such as newspaper dates to avoid claims that you have taken photos earlier. Prepare documents listing down all assets with their market values. Try to make copies of all important documents as you head for filing a divorce as it will help you present your case better and counter any claims against your belongings later.

10. Have Realistic Goals

Try to foresee a realistic divorce outcome and do not look for any favors inconsistent with the court laws. You need to sit with your lawyer to understand your case, its legal implications and how it will proceed in the court hearings. This will prepare you to deal with court rulings that may not be completely in your favor.

Family Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

What To Do When It’s Obvious You Need A Divorce

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Divorce in each of the 50 states follows a different set of criteria. The process of obtaining a divorce is determined by the state the couple lives in, not the province the couple married. The latest laws of divorce give the spouse the right to serve the soon-to-be-divorced spouse papers through Facebook. So, if after attempting to serve your spouse with divorce papers face-to-face, you have failed you can lower your expectations and serve them via the internet.

The saddest types of divorce cases involve the dissolution of a marriage with young children. Custody and child support are usually a source of contention between two parties in any court case. The average divorce case rarely disappoints in this area. The elements of most divorces include either an at-fault divorce or a no-fault-based divorce. In addition to the necessary criteria to file for divorce the former couple will also have to resolve the following issues:

  1. Spousal Support
  2. Child Support
  3. Child Custody
  4. Distribution of Property
  5. Division of Debt

The residential requirement only applied to the spouse applying for the divorce, not the remaining spouse.

An at-fault divorce was once the only way to obtain a divorce. Now, people have had to find ways to contest an at-fault divorce, and some have sunk into utilizing sinister means to fight these divorces. They have used collusion, deceit with another party to challenge the process; condonation, agreeing to the activity to lure the party into a comfort level about the act; connivance, participating in the act they are now complaining about; recrimination, accusing the accusing party of the same act; and provocation, when the spouse uses provocative events to initiate enough emotion so that the one party acts. In all of these cases, one party is seeking to stay married to the party applying for the at-fault divorce.

In the case of a no-fault divorce, neither party has to be found guilty of any wrongdoing before a divorce is granted. Still, a no-fault divorce needs a reason for the dissolution. That reason can range from an irremediable breakdown, like when one party moves out and refuses to move back in or from incompatibility or from irreconcilable differences, which takes forms like differences that include character, beliefs, incurable insanity and personality.

Now, with the advent of community property, another wrinkle has been added to the divorce debacle. In a divorce, the division of assets is an integral part of the process. In community property states, the assets are divided according to when the spouse acquired the assets. If the assets were acquired before marriage, the spouse alone has a right to those assets. If those assets were acquired after marriage, the assets would be divided between both spouses equally.

With all these variations to divorce, there is one devastation that remains the same, no matter what type of dissolution the spouses participate in and that is the damage to the children. Children are always the biggest victim of divorce. They have very little say in what is done or how their parents handle the situation, but they are always victimized by the actions of their parents.

It’s only when the exes choose to display their disappointment with each other that children begin to feel unwanted feelings about the situation and themselves. As hard as it is to explain the decision to divorce to children, it should be explained in understandable language for a child. Most importantly, it needs to be honest, the real reasons you can no longer live together as husband and wife.

For instance, in the case of infidelity, the children should be told the truth. Daddy fell out of love with Mommy or vice versa, but daddy will never fall out of love with you, his baby. That’s a different kind of love that never fades or dies because he created you.

In the case of the inability, for husband and wife to get along, the parents can explain that mommy and daddy don’t know how to get along any more. Be calm when you explain this and hold the child while you say these things. Tell them that you did one thing right together, you made the children whom you both love with all your heart. And lastly explain how you are now trying to learn how to share their new lives with the children, and it may take a while to get all the new scheduling and timing perfect.

The things you as a parent don’t want to do is accuse the other parent of wrongdoing in the presence of your child. You never want to give your children the impression that there is any character in the other parent which makes him or her unsuitable. If you must complain, you should do so in private away from the children. Set up an appointment with your ex and meet away from the children and air out your differences there, and only in such settings.

If the spouses decide to have equal custody of the children and each partner behaves justly, fulfilling his or her responsibilities to the children, then the children usually adjust to their new situation reasonably well. It’s only when bickering, and constant arguing is part of the dissolution that children seem to be the most injured parties.

In all types of divorces, if children are involved to best practices of the parents is reflected in a fair sharing of the children. Each parent should give some time to the rearing and interaction with each child. Both girls and boys need the interaction with their moms and dads. It teaches them how to have healthy interactions between parent and child and men and women.

Divorces may not realize this, but when they can healthily resolve their disagreements, their children learn how to resolve their differences with others in a non-violent, peaceful fashion. It’s not only a teaching moment; it sets them up for a future of peace, free of discord. We all have moments when we disagree with others, how we resolve these issues determines how we navigate the constant influx of problems we face daily. Navigating a divorce well, whether it is ugly or non-contentious sets us up for the future. Divorces should strive to start their new single existence without any burdens holding them down, and that should include feelings of hate and distrust for an ex-spouse. Children know when those feelings exist. The only way to hide them is not to have them. There is a tendency to think psychological help for children will resolve their problems, but it’s the parents who should seek psychological help resolving their anger toward each other so that the whole family can be healed after the breakup.

Coquitlam Divorce Lawyers

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

5 Tips to Reach a Better Outcome for a Messy Divorce Settlement

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Divorce is complicated. Some people could even confirm that no one wins in a divorce. There are bad things that come forward such as cheating on someone, lying and various types of abuses that happen in a marriage that can ultimately lead to divorces. The goal of this article is not to provide advice to someone going through a typical divorce, but to offer tips to a person going through an unnatural divorce.

1. Get Your Team in Order

No case is won with an inferior team. While you do not need an expensive A-Team, you do need a competent attorney that is experienced. There are many things that can come out in a divorce, and it helps significantly to be prepared for any potential situation. A family law lawyer, or team of them, is qualified to represent you in your case. You have to have full confidence in your legal representation, or you will have to find another expert.

Because finances are part of every legal end of a marriage, it can help to include a Divorce Financial Planner. It is these professionals that work to minimize any financial setbacks that might occur when a proposal is received from a third party.

Finally, it can be helpful to seek out a therapist that can provide support to you or your minor children. There are many emotional and psychological factors that exist in every divorce. Making sure that your emotions are in check due to guidance from an expert can help you to become a stronger human being during the legal separation from your partner.

2. Do Not Move Out

Some men and women make a mistake when a divorce case is filed: they leave home. Do not move out whether you are by yourself or if you have children. You do not want a court to rule in favor of your spouse which is called “de facto possession.” Due to the range of emotional issues that are encountered, keeping access to your current home is a smart decision. You have a right to live where you are right now regardless if you or your spouse has already filed divorce paperwork.

3. Keep Your Assets Safe

Some say that divorce is like a war. People tend to do things they would not usually do. People can hide money, spend too much money or sell off personal assets without telling a spouse. Keeping good records can help you before and during the divorce process. You can make a list of what you currently own, get copies of tax records, current loan statements, credit card bills and other financial data. It is best to obtain data going back two years or more of each record type.

Having this range of documents can help you to be prepared during the pre-divorce stage.

4. Expect the Unexpected

While in court, anything can be brought up by your spouse. If you’ve ever had any type of verbal or physical altercation, this event can and usually will be brought forth. Things such as a retaliatory post on Facebook, argumentative texts, confrontational emails or any other thing may be perceived as being negative. It is also a good idea to never speak in a negative way about your imminent ex while in the presence of your children. If you do not want a judge to read or hear what you’ve written or said, be calm and quiet as possible until your court date.

An excellent divorce lawyer will already know what might be brought forward in court. By being honest with your legal team, and keeping a cool head, you put yourself in a better position to reach a positive outcome.

5. Brain Power Versus Your Heart

There are many people that end up relying on their heart in a divorce case settlement. No one said that divorce is easy to go through. With that being said, you have to take away the emotional attachment that you have to your spouse. By thinking with your brain, you will be able to prepare easier and act in a more professional manner. Your emotions will be disconnected, and this could help you greatly in your settlement. If you make a poor decision based on your emotions, that decision can haunt the outcome of your divorce. Your legal team and therapist can coach you through what will likely be the hardest time of your life.

The financial and real estate settlements that are part of a divorce will require your full attention, and the ability to think without emotional baggage might improve your overall success rate.

Divorce Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

How To Choose The Best Real Estate Attorney

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Choosing the best real estate lawyer is like the jury selection process in Canadian courts. You can’t leave it to chance. It’s never enough to pick a real estate attorney from the sound of the name alone. You have to make sure that you select the best man or woman for the job. Here, at last, are the five simple yet fail-safe steps to take when you’re dying to assert your rights and privileges under the local real estate law.

1. There’s nothing like meeting face to face

A tête-à-tête is by far the best means to get yourself the best real estate attorney that money can buy. The lawyer may sound like Judge Judy or Morgan Freeman over the phone. But out in the courts of real estate law, the dynamics can change pretty quickly. What you need is a real estate lawyer who not only sounds good in front of the judge but likewise knows how to listen. When your personal radar is giving you some weird vibes, consider dropping that real estate attorney no matter how impressive the credentials.

2. Promising victory way too soon or too early?

Consider dropping that real estate lawyer, too. Dependable counsels don’t make judgments at the drop of a hat. They are more likely to take their time with weighing the pros and cons of your case. Not only will they tell you the worst case scenario. The quintessential real estate attorney is the one who only takes a calculated risk.

Anything else would be reckless as far as real estate law is concerned. So when you hear a job candidate say that he or she needs to spend some time to study the merits of the case or to do some research–you should be impressed. Assuming or presuming too much too soon is one sure sign of a bad apple.

3. Why the phone-a-friend approach works

A lawyer with the best references is a true real estate law asset. Most likely, this professional knows what he or she is talking about. Friends, colleagues and family members are less likely to recommend a bad real estate attorney and especially so when they’ve gone through what you’re going through. If you’re lucky enough to know anyone in the justice system, a real estate attorney referral would be ideal.

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4. Getting upfront with the cost

Being outright about what you can and can’t afford is a crucial step in the real estate attorney selection process. With the quotes right in front of you, try your best to find a midpoint between the highest and the lowest prices. A real estate lawyer who offers you way too many discounts for the law practice is a better salesman than a full-fledged real estate attorney.

Not that being a consummate salesman makes for a bad adjudicator of real estate law. It’s just that pricing oneself way below is a sure sign of lack of confidence in the practice. The real estate lawyer’s batting average, depth of experience, and reasonable cost–are the best judge of the man or woman for the job.

5. Never choose a real estate lawyer overnight

You should allow your ideas, expectations, and decision making to percolate like good coffee over a few days before making a selection. That’s if you’re serious about winning the case. Letting your emotions or feelings about being wronged get the better of you can cloud your judgment and obstruct your chance of being the victor in any real estate law contest.

Real Estate Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370