5 Things Your Residential Real Estate Lawyer Wants to Tell You

When it comes to buying or selling a home, most people focus on things like price, location, and financing. But few realize that one of the most important players in any real estate transaction is your residential real estate lawyer.

Behind the scenes, your lawyer is working tirelessly to protect your investment, guide you through legal requirements, and ensure the transaction runs smoothly from start to finish. If your lawyer could sit you down for a candid conversation, here are five things they’d want you to know.

1. Don’t Sign Anything Without Legal Review—Even If It Looks “Standard”

Whether you're buying your first condo in Montreal or selling a duplex in Westmount, the paperwork involved in a real estate deal can be overwhelming. Most buyers and sellers are presented with standard-looking contracts and assume everything is straightforward. That’s a dangerous assumption.

What Your Residential Real Estate Lawyer Wants You to Know:

Standard contracts often favor one party—usually the seller or the lender. Once signed, you're legally bound by everything in the agreement, even if you didn’t understand it fully. This is where your residential real estate attorney steps in to protect you.

How We Help:

We review offers to purchase, counteroffers, and conditional clauses.
We identify red flags like ambiguous financing conditions or vague inspection terms.
We modify or suggest protective clauses, such as conditions for home inspections or sale of the buyer’s current property.

Takeaway: Always let your real estate attorney review the agreement before signing. A 30-minute review could save you from years of legal headaches.

2. Title Searches Are Crucial—Many Properties Have Hidden Legal Issues

When you buy property in Quebec, you're not just buying land and bricks—you’re buying the legal rights associated with that property. A clear title ensures that the seller has the right to transfer ownership and that there are no hidden claims, liens, or encumbrances.

Real Risks Without a Title Search:

Unpaid taxes or construction liens on the property.
Shared driveways or boundary encroachments.
Errors in property description or illegal renovations.

What a Residential Real Estate Law Firm Does:

At David Ghavitian Avocat Inc., we conduct thorough title searches and investigate the property’s history to ensure it’s free of issues. If problems exist, we work to resolve them before closing.

We also help clients obtain title insurance, which can further protect your investment from unexpected legal claims.

In short: No property purchase is safe without a professional title review from a qualified real estate lawyer in Montreal.

3. Closings Aren’t Just Formalities—They’re Complex Legal Transactions

You may think that closing day is just about exchanging keys and signing some papers. In reality, it’s a legally binding event where money, ownership, liabilities, and responsibilities change hands.

What Could Go Wrong at Closing:

Miscalculated tax adjustments or transfer fees.
Problems with the mortgage registration.
Delays due to incorrect legal documentation or unresolved conditions.

What Your Residential Real Estate Lawyer Handles:

Drafting and reviewing the deed of sale and other transfer documents.
Calculating adjustments for municipal taxes, condo fees, and more.
Coordinating with notaries, banks, and the seller’s lawyer.
Registering the transaction in Quebec’s Land Registry (Registre foncier du Québec).

A well-managed closing ensures your transaction complies with all legal standards—and gives you peace of mind that everything was handled properly.

4. Hiring a Local Real Estate Lawyer in Montreal Makes a Huge Difference

Montreal real estate law is unique, largely governed by the Civil Code of Quebec, which differs from common law used in other provinces. That’s why hiring a lawyer with local expertise matters far more than most clients realize.

Why Local Experience Matters:

Montreal has specific tax requirements, including the “Welcome Tax” (land transfer tax).
French-language legal documentation is often required.
Certain neighborhoods may have zoning or regulatory nuances (e.g., in Ville-Marie, Outremont, or Plateau).

Choose residential real estate law firm that understands the Montreal property landscape inside and out. We’ve helped hundreds of homeowners, investors, and developers navigate deals that meet both legal and municipal standards.

Hiring a real estate attorney without Montreal-specific experience can cost you far more in the long run.

5. Legal Advice Isn’t Just for Problems—It Prevents Them

Too often, people only think of hiring a lawyer when something goes wrong—like a breach of contract or a financing dispute. But a great residential real estate attorney is a preventative asset, not just a crisis manager.

How Legal Guidance Saves You:

Prevents disputes with the seller or buyer by clarifying responsibilities.
Avoids costly surprises during home inspections or appraisals.
Ensures all necessary disclosures are made to avoid future lawsuits.

Many of our clients at David Ghavitian Avocat Inc. say: “We wish we had come to you earlier.” Whether you're a first-time buyer, an experienced seller, or a real estate investor, early legal guidance always pays off.

Bonus: Common Questions Our Clients Ask

Q: Can a notary handle my transaction instead of a real estate attorney?

In Quebec, notaries can legally manage many aspects of a real estate deal. However, notaries are neutral parties—they don’t advocate for you. A real estate lawyer in Montreal can go further by:

Negotiating better contract terms,
Handling real estate litigation if needed, and
Offering strategic legal advice tailored to your unique situation.

Q: When should I hire a residential real estate lawyer?

The best time is before you sign an offer to purchase. This allows your lawyer to review and structure the deal to protect your interests from the beginning.

Q: Can you help with co-ownership or condo transactions?

Yes! Condos and co-owned properties involve additional legal considerations such as:

Declarations of co-ownership,
Special assessments,
Reserve funds, and
Management of common areas.

Our residential real estate law firm handles these complexities with ease.

Why Choose David Ghavitian Avocat Inc.?

If you're looking for a residential real estate lawyer in Montreal who combines legal precision with strategic insight, David Ghavitian Avocat Inc. is your trusted partner. We offer:

Local Montreal Expertise

We know the city’s neighborhoods, tax regulations, development plans, and municipal bylaws.

Personalized Legal Advice

Whether it’s a single-family home, a duplex, or a luxury condo, we tailor our services to your goals and financial interests.

Full-Service Representation

From drafting contracts and negotiating terms to handling litigation and closing deals, we manage every aspect of your real estate transaction with professionalism and care.

Transparent Communication

We explain your options in plain language and keep you informed every step of the way—whether you speak English or French.

Final Thoughts

Your home is likely the most significant investment you’ll ever make. Don’t leave that investment vulnerable to legal mistakes, unclear contracts, or title issues. A qualified residential real estate attorney does far more than prepare documents—they protect your future.

If you're buying, selling, or investing in residential property in Montreal, consult with a seasoned real estate lawyer before making any commitments.

Contact David Ghavitian Avocat Inc. today to schedule your legal consultation. Let's make your real estate journey smooth, secure, and stress-free.