What Is Conveyancing?

Conveyancing is the legal process of transferring the title to a property from the seller to the purchaser in a real estate transaction. It is a crucial aspect in the buying, selling or transferring of real estate and typically occurs after you’ve already signed a contract to purchase or sell a property. While it may not be as exciting as finding and viewing your dream home, conveyancing is just as important because the title to a property needs to change ownership to make the transfer official. That’s why it’s also important to have an experienced real estate legal professional handle the conveyancing process on your behalf. A lawyer’s legal experience and training in real estate law can help protect your interests and to ensure that the transfer of ownership is completed legally and properly.

The Process of Conveyancing

When selling real estate, conveyancing typically involves the following steps:

1. Finding and retaining a property lawyer to handle the legal process on your behalf.
2. Reviewing the terms of the contract of sale between the buyer and yourself (the seller) including price, the completion date and other material terms that may affect your closing.
3. Review the title search to see what liens, mortgages or charges need to be removed or dealt with.
4. Reviewing the documents prepared by the purchaser’s legal representative and witnessing your signature on these conveyancing documents including the Form A transfer, explaining the vendor statement of adjustments and the final sale proceeds that you as the seller will be receiving.
5. Tending to the transferring of ownership of the property to the buyer and receiving the sale proceeds in trust, and releasing the net sale proceeds to you.

When buying real estate, the conveyancing process is slightly more complicated and involves the following:

1. Instruct your property lawyer to handle the legal process on your behalf.
2. Reviewing the contract of sale and conducting the necessary title searches to ensure the property is free from liens or making necessary arrangements to remove these liens.
3. Preparing the transfer documents, which will be signed by the seller and transferred to you (the buyer).
4. Receiving your purchase funds by bank draft and arranging the mortgage funding with your bank if you have a mortgage.
5. Registering the Form A transfer at the land title office to officially transfer the ownership of the property to you (the buyer), and sending the sale proceeds to the seller’s lawyer.

The lawyer’s role in due diligence

Your real estate lawyer must perform due diligence to protect you in the transaction. Just as you would not want to purchase a car with a lien attached, a real estate lawyer will carry out searches such as title searches, property tax searches and even strata-related searches if applicable. As a purchaser, once you purchase a property, you are then responsible for all liens, strata arrears or property tax arrears that may attach to the property, so it is your lawyer’s job to conduct his due diligence to ensure that any such liabilities are handled properly, in most cases by the seller, so that you get a clean and clear title subject to your own mortgage if any. Other examples may include ensuring sufficient holdbacks so that is protected from strata liens or even from the CRA if the seller is a non-resident.

The objective of due diligence in conveyancing is to ensure that you get what you bargained for and that your interests as a bona fide purchaser for value are protected throughout.

Your Real Estate and Property Law Lawyer

The experienced team of real estate lawyers at Bernard Lau & Co. has over a decade of experience to guide you through your conveyancing process. We aim to assist clients to undergo the conveyancing process as smoothly, and efficiently as possible and to provide support through all the stages of your transaction while protecting your interests and minimizing legal risks and disputes. While some transactions may be contentious, we have the experience to provide legal support and advice to protect your interests throughout the process.

Call 604.285.5240 or fill out our contact form to schedule a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Especially in today’s rising interest rate environment, it’s not always easy to sell a house. Negotiations occasionally fall through even after a contract has been signed. Therefore, it’s essential to hire a real estate lawyer to review and draft legal documents, explain your purchase and sell agreement, look out for your best interests and represent you during the transaction. The reputable lawyers at Bernard Lau and Co. will advise you on your legal rights and obligations under the purchase agreement.

Reasons a Buyer May Withdraw from a Transaction

Buyers might back out of real estate transactions for a number of reasons, including:

• Financing problems: Unforeseen changes in buyers’ financial circumstances, like job losses or significant decreases in income, can lead to collapsing transactions.
• Property issues: During inspections, buyers may discover issues with the property. These can include structural, mechanical or environmental problems such as oil tank discoveries.
• Market conditions: Buyers may reconsider the purchase due to market conditions. For example, if the market has cooled, buyers may no longer want to purchase the property at the agreed-upon price as they may suffer from buyer’s remorse.
• Cold Feet: Buyers can get nervous about making large purchases and back out of the transaction for unrelated or unforeseeable reasons.
• Better deals: If buyers find a property they prefer to the one they’re contracted to purchase or find a similar property at a lower price, they may try to terminate the contract.

How to Protect Yourself During a Real Estate Transaction

There are a few ways sellers can protect themselves in case of or reduce the risk of collapsing transactions. They include:

Requesting a deposit

Requesting a deposit or earnest money from the buyer can protect you from potential financial losses if they back out of the transaction. You can use the deposit as compensation for costs incurred during the transaction or any losses that may arise due to the transaction falling through. You may even ask for the deposit to be paid directly to you as the seller, or ask the buyer to increase the deposit, although be careful asking for too much – too large of a deposit may not be enforceable.

Keeping detailed records

Maintain detailed records of all correspondence and transactions between you and the buyer and his realtor. These records can include emails, text messages and other forms of communication. If a dispute arises, they can help resolve the issue by giving clarity to the circumstances that precipitate a collapsing transaction and sufficient evidence may also deter a buyer from considering backing out of the transaction if it’s clear that he had no legitimate grounds for doing so but simply changed his mind.

Be honest

Buyers may often try to back out of a contract by claiming that the seller was not truthful to him in describing the property by playing down certain risks or even outright lying about the condition of the property. Oftentimes, a seller’s best defence is to be honest about the state of the property and to respond truthfully if any concerns from the buyer are raised. That being said, a seller usually has no obligation to disclose absolutely everything that he knows about the property due to the principle of caveat emptor (or buyer beware). Sellers have an obligation to disclose latent material defects but it can be tricky to know what constitutes such a defect that must be disclosed. Consult with your lawyer if you are unsure about whether certain disclosures are necessary.

Contacting a lawyer

You should immediately seek legal advice if a buyer backs out of the transaction. An experienced property law lawyer can guide you through the legal process and ensure your rights are protected. They can also help you navigate the dispute resolution process and represent your interests in negotiations or court. Furthermore, they’ll identify and mitigate legal risks arising from the transaction.

Are You Looking for a Real Estate Lawyer in Richmond and Metro Vancouver, BC?

If you’re a property seller dealing with a collapsing transaction, contact Bernard Lau and Co.

Our experienced lawyers will review your purchase agreement and all communication between you and the buyer. They will explore all options to get the transaction back on track and protect your interests if it falls through.

Call us at 604.285.5240 or fill out our contact form to schedule a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

It can be exciting when as a buyer, your offer to purchase your dream home is accepted. However, that excitement can turn into frustration, anxiety and fear if the seller changes his mind and decides no longer to hold to his end of the bargain to complete the transaction. Although there are various legal remedies available to innocent parties in collapsing transactions, figuring out what to do when a transaction fails can be exhausting, frustrating and fraught with risk. When the seller doesn’t comply with the terms of your agreement, it’s extremely important that you immediately obtain legal advice to evaluate the situation carefully before deciding on the next step. The timely hiring of a lawyer with experience handling collapsing real estate transactions can help ensure that your legal rights are protected during this critical period.

Why Would a Seller Back Out from a Transaction?

A seller might back out of a real estate transaction because they:

• changed their mind about selling the property;
• receive a better offer from another buyer;
• encounter financial difficulties preventing them from completing the sale;
• learn that the property has unexpected problems or defects they don’t want to fix, or
• have other personal reasons that prevent or discourage them from completing the sale.

How Can You Protect Your Interests During a Real Estate Transaction?

There are some general steps you can take in the event of a collapsing transaction. They include:

Reviewing the terms of the sale

Before signing the agreement, thoroughly read each page and seek legal advice from a real estate professional to safeguard your interests. Check the terms of the sale agreement to see if there are any provisions for what happens in the event of collapsing transactions. Make sure you understand the legal rights and obligations of both parties to the contract so that you’re aware of what you are entitled to, and what you are obligated to do. Reviewing the contract with a lawyer ensures that the contract reflects what you agreed on and so you won’t be caught off-guard.

How Can a Lawyer Safeguard Your Interests During a Real Estate Transaction?

Filing a lien against the Property

If you have a valid contract and you insist on purchasing the property, one of the first steps you should discuss with your lawyer is preserving the property so that it is not simply sold or transferred to somebody else. Your lawyer may advise you to file a lien known as a Certificate of Pending Litigation to freeze the property and alert other parties that the property is tied up in litigation. This can help ensure that until the dispute is resolved, the property will remain available and under the seller’s name so that hopefully, the transaction may continue in the future.

Suing for specific performance

In addition to filing a lien, you as a buyer may also ask for a remedy known as “Specific performance”. This is a remedy that a buyer may ask for when a seller refuses to complete a contract but insist that the seller carry out his performance of the contract. The idea behind the specific performance is that monetary compensation for a particular breach of the contract won’t always be sufficient. After all, if it’s your dream home, you may not be able to find a replacement so easily. However, specific performance is not easily granted so your lawyer should assess whether there are good grounds to claim this as a remedy.

Suing for damages

Damages that the buyer incurs due to the seller’s breach of contract or misrepresentation may be claimed by the buyer. Damage claims may include expenses such as closing costs associated with the failed transaction, moving and storage costs, additional property or rental costs, interest due or lost because of the breach and professional fees. Your lawyer will be able to consult you for the different types and quantum of damages that you may claim, some of which may not be so immediately obvious.

Seeking legal advice

If you’re concerned about protecting your legal rights under a collapsing transaction, seek legal advice from a qualified lawyer. They can help you understand your rights and advise you on the best actions.

Are You Looking for a Real Estate Lawyer in Richmond and Metro Vancouver, BC?

If you bought a property and are dealing with a collapsed transaction, contact us at Bernard Lau and Co.

We can advise you at every stage of the transaction, from negotiating the details of the contract of purchase and sale to settling disagreements during closing.

Call us at 604.285.5240 or fill out our contact form to request a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

A disgruntled customer who was found to have defamed a B.C. wood products company in his Google and Yelp reviews has been ordered by a judge to pay $90,000 in damages.

Continue to read the full article on the Global News website here.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Buying a house is one of the most significant and costly purchases you will ever make. Because buying a house is often a long-term investment that can cost you a considerable part of your savings, you may want to ensure that you consult the proper real estate professionals before you commit to anything. Besides a real estate agent, hiring a real estate lawyer is also recommended.

Hiring a real estate lawyer is more than just hiring someone to read the fine print: a real estate lawyer can help safeguard your rights and interests before you commit yourself to a significant transaction such as a home purchase or sale. In this article, we discuss why you should consider hiring a real estate lawyer before you make or accept a real estate offer to purchase or sell your home.

1. A lawyer can help safeguard your interests

Just like a real estate agent, a real estate lawyer can help you safeguard your rights while buying or selling a house, but in different ways. While a real estate agent can help you find your dream house and negotiate a good price, a lawyer is trained to give you legal advice and can spot or address legal issues that may arise that a real estate agent may not be trained to do. A real estate lawyer works for you during the real estate process, representing your interests, and negotiating legal terms on your behalf. Your lawyer can assist you in navigating the complexities of real estate transactions and can function as a safeguard. Just like real estate agents, lawyers are obligated to act in your best interests and can help to give you additional peace of mind as you take the next step toward homeownership.

2. A lawyer can increase transparency

Someone needs to read all the documents and comprehend their contents before you sign them and agree to their terms. Hiring a real estate lawyer to review your real estate agreements and documents and aid in negotiations from the start of your real estate transaction can help ensure transparency so that you know what the transaction entails. You may rely on your lawyer to explain complex legalese, advise you on your legal rights and obligations, and ensure that your needs are properly communicated, represented, and documented during this process before you sign on the dotted line.

3. Real estate lawyers have legal experience

Your real estate lawyer may have experience handling a variety of real estate transactions. They should have a breadth of knowledge in real estate transactions, and they should thoroughly understand real estate laws that may help identify pitfalls or other legal issues that you may not have considered. It’s highly recommended to have legal support to help you navigate the real estate transaction and to minimize your legal risks in your real estate transaction.

4. A lawyer can help protect you from financial loss

A real estate lawyer can help protect you against financial loss. For example, if the house is discovered to have severe problems, such as mold, a leaky roof, or even an oil tank in the yard, a sales contract without legal protection clauses addressing these problems can be quite costly for the buyer. Engaging a real estate lawyer can help protect you through their suggestions of various legal options that you can consider before you complete the transaction. A real estate lawyer may even help negotiate the inclusion of the terms of sale in the contract so that the buyer can be protected if problems are discovered. The earlier you act, the more options you may have to remedy these problems. As the Latin saying goes in real estate law, it’s a caveat emptor, or buyer beware.

Are you looking for a real estate lawyer in Richmond?

If you are looking for a real estate lawyer in Richmond, contact us at Bernard Lau and Co. Our team is ready to answer your questions, help you resolve real estate legal issues, and assist you in your next real estate transaction.

Call us today at +1.604.285.5240 or contact us at info@bernardlau.com

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Real estate purchases are complex transactions that involve several steps. The purchase and sale agreement, or contract, is often the central document prepared for the sale. It outlines key terms, such as sale price, for both the buyer and seller. This document is legally binding and should be reviewed carefully before signing.

Given the risk involved in such a substantial investment, you may want to seek advice from a professional with knowledge of and experience in real estate. That’s where a real estate lawyer comes in. Without consulting a lawyer, you could, for example, make a deposit payment on your dream home and commit yourself to the property before you have taken legal steps in the contract to protect yourself. Remember, a contract is a negotiable document between the buyer and the seller, and you may want to be aware of legal options that you have available to you before you commit to the transaction. Real estate lawyers can help you reduce the risk of buyer’s remorse by advising you of certain terms that you may wish to be aware of or to include in the contract that can provide assurance to you even after the property completes and transfers to your name.

Here are some reasons to consult a real estate lawyer before signing your contractꓽ

A real estate lawyer protects your interests

The most important reason to get a lawyer to review your contract is that your legal advisor looks out for your interests. A lawyer can explain any legal ambiguities and intricate details which may be confusing. Understanding the contract will help you to advocate for better terms. A lawyer also ensures that the conditions are fair to you and help protect your investment. While a real estate agent can help you find your dream home, your real estate lawyer can help you view the home from a legal and more objective perspective.

Saving money

Real estate lawyers’ consultation fees are likely less expensive than the costs of negotiation and litigation if problems crop up after the completion. The cost of having your agreement reviewed beforehand is significantly lower than the time and expense that you may need to incur after you’ve already committed to purchasing the property.

Furthermore, real estate purchases typically involve large sums of money. Costly mistakes can arise if the transaction is not properly conducted. A lawyer helps ensure that the contract includes contingencies to help you to avoid these mistakes. These contingencies may include your right to inspection and appraisal, financing, or even a review of the property’s history and strata minutes.

Risk reduction

Having your real estate contract reviewed thoroughly before signing helps you identify possible risks and helps to prevent surprises later in the process. Real estate lawyers ensure that judgments on title or title defects are appropriately disclosed, helping to mitigate the risks involved. Your real estate lawyer may suggest certain steps to take in order to reduce the risk of existing issues such as the discovery of an oil tank, roof leakages, or anything significant which may impact the value and liveability of your property after the completion. Retaining a real estate lawyer to review your contract will help you understand what you’re getting with the purchase and may help reduce the risk of future litigation.

Peace of mind

Real estate is the largest investment many people make in their lives. Given the size of the investment, naturally, it can be a stressful process. Having someone who can review the paperwork and provide advice and guidance helps mitigate this stress. Although a real estate lawyer isn’t always required for a property purchase, it is beneficial to have a legal advisor to explain the legal complexities of the property transaction.

Buying or selling property in Vancouver

When buying or selling property, the benefits of having a good real estate lawyer are innumerable. If you are buying or selling property and seeking legal advice or an office to help with your conveyance transaction, contact Bernard Lau & Co. Our team of legal professionals will provide guidance and protect your interests. Our firm has a strong reputation for delivering high client value. Let us help you achieve your real estate dreams. Contact our office at (604) 285-5240 to schedule a consultation today.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Buying a home is exciting; however, it is a complex process that can become very complicated if not done right. When preparing to purchase or sell a property, whether a house or a condominium, you should consider hiring a conveyancing lawyer. In real estate, conveyancing refers to the process of transferring property ownership from one owner to another.

Roles of a conveyancing lawyer

A conveyancing lawyer specializes in property purchase and sale transactions. They help to ensure that the process goes through legally and smoothly. There are four ways in which they can assist you:

Acting as a legal representative

One of a conveyancing lawyer’s roles is to act as a legal representative for the parties involved in the purchase or sale. They operate in the best interests of their clients and ensure due diligence is conducted on behalf of their clients. The due diligence process involves making the necessary checks such as reviewing a title search for liens, mortgages or other encumbrances and advising clients on how best to handle any issues arise that could affect the transaction, such as outstanding taxes, damage to the home, or liens on the property.

Giving legal advice

During a transaction such as a property purchase, lawyers can also provide legal advice specific to the client’s needs. The advice they provide helps buyers and sellers make informed decisions during the process. For example, it’s always a good idea for a lawyer to review and consult with you on your purchase and sale contract before signing off on it.

Preparing legal documents

Purchasing or selling a property is a complex transaction and requires the legal drafting of documents. Conveyancing lawyers prepare all the legal documents that are pertinent to the transfer of the property. They also compile all necessary records for the smooth transfer of ownership. These documents may include purchase and sale contracts, property transfer tax returns, property tax receipts and adjustments, title search, surveys, and renovation contracts. They also work with the counterparty’s representative to promptly register the required documents with the Land Title Office and ensure that sale proceeds are delivered, so that the closing process can proceed as planned.

Handling post-closing matters

Conveyancing lawyers can also sort out the property transfer matters and iron out the final details after completion. These details may include conducting a post-registration title search, paying the necessary strata arrears or holdbacks, and keeping track that the seller pays and discharges the remaining charges and mortgage on the property.

Benefits of hiring a conveyancing lawyer

1. Reducing stress
Although you can do your own research on the basics of buying or selling a property, some aspects may be confusing. Inexperience with such a complex process can cause stress, and a conveyancing lawyer is able to help by providing invaluable knowledge and expertise. Although some people prefer to transfer a property through private sale, the process usually still requires the preparation of legal documents and witnessing of document-signing by a lawyer or a notary public.

2. Simplifying the process
Conveyancing lawyers are familiar with the legalities of buying and selling property, which means they can navigate the process effectively. Experience allows them to complete the transactions and facilitate the transfer of ownership smoothly, making the interaction easier for both buyers and sellers.

3. Saving time and money
If you are unfamiliar with buying and selling property, you may find researching the legalities of property transfers cumbersome and confusing. You may also make costly mistakes. Conveyancing lawyers have accumulated expertise and knowledge to help buyers and sellers save both time and money.

4. Purchasing property in Metro Vancouver
If you’re looking for a real estate lawyer to help you with your property transaction, contact Bernard Lau and Co. We are a boutique firm specializing in real estate and conveyancing matters. Our experienced team is committed to providing clients with the best legal representation available.

We understand that legal issues may arise during the property-transfer process, and our team is equipped to handle these situations effectively. Our services include purchases and sales, title searches, mortgages and refinancing, title examinations, property lien removal, and real estate disputes and litigation.

Call us at 604-285-5240 or visit our website to schedule a consultation today. Let us help you achieve your dream of property ownership.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Notarization is the process of verifying and witnessing the identity of an individual signing a document. This process helps ensure that a signature purporting to be from a particular person is authentic and can be trusted. A notary public oversees the proceedings, including verifying ID, confirming the signing party’s capacity and understanding of the document, and ultimately, witnessing the signing of documents. Remember, all lawyers are also notaries public, but not all lawyers offer notarization services.

There are various categories of documents that can be notarized, from personal planning documents to legal documentation.

Here is a shortlist of some documents that can be notarized:

• Passport application documents
• Travel letters for minors
• ICBC or other insurance loss declarations
• Execution or authentication of international documents
• Sponsorship letters
• Statutory declarations
• Government application forms
• Bank declaration forms

Copy certification

Certified copies are verified by a notary public that they are exact replicas of the original document. Almost any document can be certified-copied, including passports, marriage licenses, driver’s licenses, social security cards, birth certificates and medical records. The person in possession of the original document must present it to the notary, who will make a copy of it then place their stamp on it certifying it as a certified copy.

The process of notarization

The process of notarizing involves witnessing the signing of important documents, verifying the identity of the signers and their willingness to sign, their awareness of the contents of the documents and their ability to sign. Let’s take a look at the process.

Identity verification

All parties must have their identity verified by the notary. You must present an original piece of a government-issued photo ID and preferably an additional piece of ID.

Willingness of signers

Once the identity of all parties is verified, the notary public establishes each person’s willingness to sign the documents. On observing the signing of the documents, the notary public will look for any signs of pressure or undue influence. If the notary believes that one party is being forced to sign the presented documents, they will not sign off as witnesses.

Capability to decide and sign documents

Your notary public ensures that you understand what you are signing. In addition, your notary ensures you can confirm what you are signing.

Do you have documents to be notarized? At Bernard Lau & Co., we can assist you with the notarization of English and Chinese documents for use overseas or locally.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

If you are facing a legal problem that is headed to court, you will need to hire a trial lawyer. And if you want to ensure the best possible outcome, you must find the right one for your case.

Good trial lawyers possess certain traits and skills that set them above the rest. Before you hire a trial lawyer, do your due diligence to ensure that they have:

Years of experience

Look for a trial lawyer with years of experience in an area of specialization that would be helpful to your case. For instance, if you have tax issues, you’ll need a tax lawyer instead of an entertainment lawyer.

The lawyer also should have some courtroom experience and an appreciation for rehearsing and preparing for trial. The members of the jury will be annoyed if your lawyer has to be shuffling through their notes or if they present documents that are illegible or difficult to decipher.

Excellent negotiating skills

A trial can be a long and expensive process, so the goal is to avoid taking your case to court. As a good negotiator, your trial lawyer’s first step might be to attempt to settle so that you don’t have to see the courtroom.

At times there might still be a need to negotiate a settlement, even after your case has gone to trial.

Trial skills

If negotiations aren’t successful, your trial lawyer will need to defend your interests in court. A well-versed litigator will know how to conduct cross-examinations, present proof to a judge or jury and masterfully argue your case.

Impressive storytelling skills

A good lawyer understands that simplifying the facts will help make the story come to life for the jury. They will present your case while maintaining a consistent and powerful story theme throughout the trial.

Social and personal skills

A good trial lawyer knows how to strike a balance between mounting a vigorous defence and having a pleasant demeanour. If your lawyer is too confrontational, the jury may find them to be unlikeable, and witnesses may be uncooperative. If they’re too nice, you may end up with an unfavourable outcome.

Excellent writing abilities

The art of persuasion comes in handy when presenting clear and concise documents to the judge. You’ll need a trial lawyer who can write with conviction and convey legal concepts clearly on paper. This skill will go a long way in persuading a judge to rule in your favour.

Trial lawyer in Richmond

Are you looking for a good trial lawyer in Richmond, BC? Then look no further than Bernard Lau and Co. Law Corporation.

At Bernard Lau and Co., we use all of the legal tools at our disposal to resolve disputes effectively and in a cost-efficient manner. You can rest assured that we have your best interests at heart, and our experienced Richmond trial lawyer is prepared to advocate fearlessly on your behalf in court.

Give us a call today to schedule a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

An estate comprises all the assets a person owns at his or her death, less any liabilities. An estate can include money, property, stocks and shares. Through a will, an estate owner establishes who will benefit from his or her estate upon death. Individuals who benefit from a person’s estate are called estate beneficiaries.

Rights of an estate beneficiary

As an estate beneficiary, you are entitled to certain rights, as follows:

The right to be notified that you stand to inherit from an estate

Estate beneficiaries have a right to receive the property bequeathed to them. Executors, the individuals responsible for administering an estate, are required to notify beneficiaries within a reasonable time that they have inherited from an estate.

The right to be apprised of the inheritance value

Estate beneficiaries also have the right to be informed of the value of their inheritance. However, before a beneficiary is issued his or her portion of an estate, the will must be probated. Upon probate of the will, the value of the inheritance may be affected by any liabilities on the estate. Depending on the amount of liability, a beneficiary may lose part or all of his or her inheritance.

The right to be apprised of proceedings of administration

Beneficiaries have the right to be apprised of what is happening in the administration of the estate. For instance, whether there are issues that might delay settling the estate.

The right to receive your inheritance promptly

As a beneficiary, you have a right to the timely receipt of your inheritance. Legally, executors are allowed one year within which to settle an estate and transfer assets to beneficiaries. After that, a beneficiary can compel an executor to settle the estate or petition the court to remove the executor. You must note, however, that the process to settle an estate is a lengthy one. Depending on the complexity of the estate, the process can sometimes take more than the allotted year.

The right to access the estate’s accounting details

Beneficiaries have the right to an accurate, detailed account of the estate’s activities, including incomes, expenditures and disbursements, in a reasonable time frame. A beneficiary can resort to the courts if he or she is in disagreement with the accounting by the executor.

The right to an executor who acts in the beneficiary’s best interest

Beneficiaries have the right to have an executor act in their best interest. If a beneficiary is unhappy with how an executor handles the administration of an estate, he or she can petition the courts to have the executor removed and a new one appointed. The removal of an executor must be justified. Justifiable circumstances include:

• Breach of fiduciary duty
• Death
• Illness
• Estate theft
• Failure to manage the estate

Do you require the services of a wills and estates lawyer in Richmond?

If you are an estate beneficiary and require the services of a wills and estates lawyer, contact us at Bernard Lau and Co. Law Corporation. Our experienced Richmond wills and estates lawyer is available to provide legal advice on any issue concerning your case.

Call us today to schedule a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.