About: John Zinati


John ZinatiJohn Zinati is a veteran experienced real estate lawyer and partner at Zinati Kay Barristers & Solicitors. He holds a Bachelor of Arts from the University of Toronto and a Bachelor of Laws from Osgoode Hall Law School.

Home Buying Checklist

One of the most complicated adventures in life is buying a new home. It’s also one of the most rewarding experiences! If you’ve purchased a home before, you’re likely an expert on all the ins and outs. But if this process is new and confusing for you, our home buyers’ checklist includes important steps to take throughout the process. When buying a condo or home, here’s what you should consider. ... Home Buying Checklist

Common Title Search Issues and How to Resolve Them

When making any large purchase, it is always wise to do your research first. The same applies to purchasing a home and conducting a title search. What is a property title search? A property title search occurs before anyone makes a real estate purchase. These searches ensure that the person selling the home has the legal rights to do so, and that there are no other issues that could prevent the buyer from taking ownership. What possible issues could occur before possessing the property? Here’s what you need to know about the most common title search issues. ... Common Title Search Issues and How to Resolve Them

CRA Pursuing Tax on Assignments – Proceed with Caution!

Income Tax on Assignment Sales:

The recent 2019 Federal Budget announced that CRA will be devoting significant resources to pursue and investigate real estate transactions as the Department of Finance feels that this is a significant area of non-compliance.  What that means is that if you are involved in a pre-construction assignment sale, there is a high likelihood that you will be subject to CRA scrutiny, so it is important that taxpayers understand the rules for both income tax and HST relating to assignment sales. ... CRA Pursuing Tax on Assignments – Proceed with Caution!

Questions to Ask Before Hiring a Real Estate Lawyer

When it’s time to buy or sell your home, there are certain times when you would benefit from working with a real estate lawyer. Unexpected complications may come up along the way, so having an expert guiding you through the process will serve you well. Before choosing a professional, it’s important to consider what to ask when hiring a real estate attorney. To get you started on the right track, here are some questions to ask when hiring a real estate lawyer. ... Questions to Ask Before Hiring a Real Estate Lawyer

Assignment Alert! Builders Cancelling Incentives as a Condition of Assignment!

We complete many Assignment transactions and have recently come across a significant issue with more and more builders and affecting clients buying or selling a unit by way of Assignment. After the transaction between the New Buyer (Assignee) and Seller (Assignor) is firm, and formal application for consent to the Assignment is made to the Builder, the Builder is insisting on removing certain incentives that the original Buyer/Assignor may have received under the terms of the original Builder Agreement. Such incentives can be quite substantial and range from caps to development charge levies, to common expense credits, to other incentives given at the time of the original purchase. The New Buyer/Assignee is then effectively asked to pay more for the property on final closing than was anticipated under the terms of the Assignment Agreement. This is resulting in disputes between Assignors and Assignees as to who is responsible for such extra costs. It is a difficult problem to resolve because the Assignor and Assignee have a firm agreement, subject only to the Builder's consent, and that Agreement does not contemplate who will pay for these extra costs. ... Assignment Alert! Builders Cancelling Incentives as a Condition of Assignment!

Home-Selling Mistakes You Must Avoid

Whether this is your first, or second time selling your home, you may be surprised at how time-consuming and challenging the process is. You must prepare your home, choose an asking price, and work with a real estate agent and lawyer to get everything in order for the sale. People will be allowed to schedule time to visit your home and look around, listing the pros and cons in their mind. Without any experience, it’s easy to make a lot of mistakes, but with guidance and the help of a professional, you may be able to make a great sale without losing your mind. Here are some of the most common home-selling mistakes to avoid. ... Home-Selling Mistakes You Must Avoid

What happens if a buyer cannot, or will not, close?

It is no secret that the passing of the Ontario Fair Housing Plan and the introduction of the 15% Foreign Buyer’s tax has, for now, affected some sales and property values. Because it was introduced so quickly, some buyers are attempting to get out of a contract or reduce the purchase price on the basis that the price paid for the home is “too high”. Buyers may not want to pay the “higher” price, may be unable sell their own house at an expected price, or cannot Finance because the purchased property does not appraise for the contract purchase price. This represents a difficult challenge for all parties involved and it is important to understand the law in these situations. This issue of Title Tips will outline the law and provide some tips on what to do in these circumstances. ... What happens if a buyer cannot, or will not, close?

What Role Do Law Clerks Play in Real Estate Deals?

If you are thinking of buying, selling, mortgaging, or title transferring a home, it is important to choose the right real estate law firm to work with. A real estate lawyer is a big help when navigating this often-confusing process, but so are the law clerks working in the office. You may have heard the term “law clerk” before, but what exactly does a law clerk do in Ontario and what is the difference between a law clerk and a lawyer? You may be surprised to learn that they play a very important role in each and every real estate transaction. Keep reading to find out how. ... What Role Do Law Clerks Play in Real Estate Deals?

Day of Closing: FAQ and Important Tips to Know

The day of closing, also known as the closing day or completion day, is when a property is transferred from the seller to the buyer. There are many things to organize before the closing day, such as who needs to be present, and what happens that day. The following frequently asked questions will be answered to help you understand more about the day of closing. ... Day of Closing: FAQ and Important Tips to Know

Things You Should Know before Transferring Land Ownership

Situations may arise when you want or need to transfer the ownership of your home. This transfer is known as title transfer and it ensures that your property now belongs to someone else. A title transfer can be partial or complete. That is, you can transfer a portion of your property or all of it. Whether you are a retiring parent transferring the title of your family home to your child or if you are selling to a buyer, here’s what you should know before transferring land ownership. ... Things You Should Know before Transferring Land Ownership

Cannabis is legal now, but how do you deal with Grow Houses and Mold?

Grow Houses are houses used to grow large amounts of marijuana. With marijuana only recently becoming legal it is safe to assume that there are still some Grow Houses out there, or at least some former Grow Houses. Also, it is not clear whether legalizing marijuana will eliminate Grow Houses or what this could mean for their continued existence. Before you look at buying or selling a former Grow House, you should be aware of some concerns and issues. ... Cannabis is legal now, but how do you deal with Grow Houses and Mold?

Why You Should Check the Status Certificate before Buying a Condo

If you’re looking to buy a condo, you will hear the phrase “condo status certificate” a few times. Your realtor will recommend that you review this certificate with your real estate lawyer before you make an offer. Why should you review your condo status certificate? Here’s what you need to know. ... Why You Should Check the Status Certificate before Buying a Condo

Things to Do Before Putting Your House on the Market in Toronto

It can be frustrating to sell your home if you don’t have the information and advice you need, let alone the right people to support you. If you’re thinking of selling your house in Toronto, a real estate lawyer can help make it a smooth, successful process. Here’s what you need to know before you put your house on the market. ... Things to Do Before Putting Your House on the Market in Toronto

Everything You Should Know about Title Search

Whether you’re selling or purchasing real estate, you’ll quickly learn several new terms that you may not have been familiar with before, especially if this is your first time. Most people tend to assume that titles and property deeds are the same things, but they are actually two separate legal concepts. Title is the legal way of establishing your ownership over something. Here’s what you need to know about title search in real estate. ... Everything You Should Know about Title Search

Buying a House in Ontario? Prepare for These Fees

Many people who decide to move into a new home are completely blindsided by the hidden costs of buying a house, beyond the purchase price and legal fees. Taking out a mortgage could possibly be the single biggest purchase in one’s life, and yet many forget to research or budget for it. Before you sign any papers, here are some of the additional fees that come with buying a house that you need to consider. ... Buying a House in Ontario? Prepare for These Fees

12 Common Mistakes Made When Buying a House in Toronto

Buying your first home can be an exciting experience, but it can also be overwhelming and stressful. During the homebuying process, there are many things you need to consider and doing your due diligence to cover all your bases will help you get through the process successfully. Here are 12 common mistakes homebuyers make when looking for a new house. Avoid these mistakes and you will be on your way to making a great homebuying decision! ... 12 Common Mistakes Made When Buying a House in Toronto

Title Transfer and Search: FAQs

The legal term that describes the transference of one registered owner of a property to another owner is known as a title transfer. In most cases, the person who is the title of a property is the one who actually owns it. It could be you, your parents, or your spouse. If there is a situation in which you need to do a title transfer in Toronto, a real estate lawyer can help you. Here are some important frequently asked questions (FAQs) about title searches in Toronto. ... Title Transfer and Search: FAQs

Which Is Better: Variable Rate Mortgage or Fixed Rate Mortgage?

Many homeowners go through situations in their lives that make it difficult to make their mortgage payments on time. Sometimes mortgages can feel like a trap, leaving homeowners stuck with bills that never seem to end. It may be relieving to know that there are options for managing your mortgage. There are generally two ways mortgages are structured: fixed and variable. Choosing the option that is best for your needs and lifestyle is key to relieving the stress as you pay your mortgage. Here’s what you need to know about each kind, and which option may be the best for you.

... Which Is Better: Variable Rate Mortgage or Fixed Rate Mortgage?

Questions to Ask a Lawyer When Buying a House/Condo

Whether you’re downsizing your home, moving into a new neighbourhood, or buying your first condo or home, there are many pros and cons to consider. Making such a big decision requires a lot of research and sound advice; inviting a real estate lawyer into the process can really help. Knowing the right questions to ask is critical to ensuring you make the best decision. Here are some questions you should ask a lawyer when buying a house or condo. ... Questions to Ask a Lawyer When Buying a House/Condo

Why You Should Hire a Lawyer to Sell Your House/Condo in Ontario

Selling a house or condo in Ontario can be a complicated process. There are seemingly endless responsibilities to consider such as renovations, costs, checking the mortgage, and more. A real estate lawyer in Toronto can help make sure that you are handling everything properly and can work on your behalf to make sure everything runs smoothly. Here’s what you need to know about selling a house or condo, expenses to consider, and why it’s beneficial to hire a lawyer to sell your house or condo in Toronto. ... Why You Should Hire a Lawyer to Sell Your House/Condo in Ontario