Assist Your Clients in Making a Smart Decision When Selecting a Real Estate Law Firm

The sayings “You get what you pay for” and “Penny wise, pound foolish” are tales as old as time.

I’ve seen these messages play out in the real estate industry throughout my career, and they apply to everything, including choosing a lawyer. It’s tough to ignore price, but this should not be your clients’ focal point. What should be foremost in their minds is getting value for their money.

‘Cheaper’ law firms

When I recommend lawyers to my clients, I don’t tell them “this is the cheapest lawyer” or “this lawyer won’t charge you as much as the others.” Instead, my lawyer recommendations are based on personal experience, ability, eye for detail and their upfront honesty and work ethic.

I have heard and witnessed horror stories of clients who don’t listen to my advice. They make up their mind that “cheap is best.” But nothing could be further from the truth.

For example, one of my clients chose a lawyer that purposely advertised their fees as being X amount of dollars flat rate and everything done with no hidden fees. Well, you guessed it, the hidden fees are what absolutely caused a transaction to not close. This law firm did not provide them with the correct land transfer tax figure or the correct cost of title insurance, they charged “hidden fees,” and they then tried to blame the client for the reasons the amounts were different (higher) than previously advised.

Unrealistic amount of 4-5 star reviews

There have been issues with law firms, from what I hear from other firms, blatantly “buying” reviews. If a law firm is offering a discount for a review, those are indeed “bought” as people want money back or a “discount” on their costs to buy or sell a home.

These reviews could be, and lots of the time are, disingenuous or inaccurately reflective of the law firm, its staff and its services. When you look at the 1-2 star reviews, you might hear a tone that doesn’t match the “cookie cutter” positive reviews but does match one other about problems, lack of services and post-closing issues that cost clients more than what they saved.

What a quote should indicate

When you request a quote from a law firm, you want to see the following, with an amount, next to each item:

Legal fees

• Purchase/sale – $X.XX
• Mortgage/discharge of mortgage – $X.XX
• First-time home buyer documents – $X.XX
• Land transfer tax compliance – $X.XX
• Applications/notice of assignment of rents, etc. – $X.XX

Disbursements

• Title search – $X.XX
• Office disbursements – $X.XX
• Tax certificate – $X.XX
• Water certificate – $X.XX
• Software – $X.XX
• Bank charges – $X.XX
• Other fees/charges
• Title insurance – $X.XX
• Registration – $X.XX
• Land transfer tax – $X.XX

This is a quote you can trust.

One of the best quotes that I have seen, advised who exactly was receiving the money. This law firm’s quote specifically stated the amount of money that was being paid to Service Ontario, the amount that was being paid to the Minister of Finance, the amount paid to the title insurance company, which title insurance company the law firm was using, etc.

This gave the clients a comprehensive breakdown of not only the amount of money owed but who was benefiting from that money, and they could also do a bit of research into the title insurance company and have some ease knowing what protection they were getting from that specific company. When you look at the amounts on a quote, it can seem very overwhelming, and quite frankly expensive — but the point is, you see it!

There should be no hidden costs, no surprises, no scrambling last second to come up with money. Your client is well prepared when they see a full, upfront and honest quote.

Purchasing a new build

The costs associated with purchasing a new build always catch my clients off-guard. To account for this, law firms with experience in purchasing new builds will advise clients that they need to prepare for a significant amount of money to be provided. Since the COVID-19 pandemic, the material costs, development costs and, depending on the nature of the purchase i.e. a condominium, townhouse, single-family house, etc., other associated costs are not a simple mathematical equation done by an agent or mortgage broker.

We usually tell clients on resales to anticipate anywhere from 1-3 per cent of the purchase price, but with new builds, this can be an extremely low estimate. An amazing law firm will, after reviewing the Agreement of Purchase and Sale (APS), provide a ballpark of the amount but with the warning that it could be a lot more. The biggest hitter on these charges is development fees, which are paid to cities/municipalities, provinces, government ministries, etc. to cover and accommodate the new influx of people moving into the area. This includes, for example, adding more public transportation, new roadways that will need to be maintained each season (e.g. snow plowing), schools, parks and more.

On a…