Tax Sale Guide Home
Need A Lawyer?
Chapter: AFTER TAX SALES
MELRAY
I was the successful bidder at a recent tax sale. After the openings I had the opportunity to speak with the Town's lawyer, who informs me that I would require an attorney in order to close and have the sale registered. He seemed unsure of this.
I didn't think a lawyer was necessary and the registration was the responsibility of the Town....any insights?
Jayz
The Town lawyer in my recent case didn't concern anything like this. So it leaves it to me to decide however I want it to be whenever I want it, which is good I think.
netpred
the Municipal Act imposes an obligation (as I read it) on the township to convey the tax sale property to the high bidder. However, the Law Society of Upper Canada, which regulates lawyers, has a rule that prevents lawyers from acting on both sides to a real estate transaction. There is a clear conflict here. In my very limited experience with tax sales, the lawyers that I have dealt with are quite happy to convey the property without the involvement of a second lawyer. However, it looks like some lawyers are concerned about the Law Society rule.
Another point was raised concerning paralegals. Paralegals are not permitted to offer services in real estate, so if seperate representation is required, it must be by a lawyer.
My guess is that in the future more lawyers will become concerned with the Law Society rule. There may even be further clarification from the Law Society in this respect. So, my guess is that in the future, winning tenders will need their own lawyers to address the Law Society requirements.
worldjohn
More and more winners are going to be facing this problem as more municipalities are filing electronically now.
HST
worldjohn
I was recently told by a municipality that they are adding/charging HST on tax sale properties.
worldjohn
The treasurer I spoke with said
HST must be paid unless
1 this is a resale property with a residential unit on it or
2 the purchaser is HST/GST registrant and has given the municipality the required paperwork