Ontario Tax Sale Property Forum

Tax Sale Forum => Professionals => Topic started by: Rob on September 05, 2010, 01:16:28 PM

Title: Tax Sale Lawyers
Post by: Rob on September 05, 2010, 01:16:28 PM
I'm looking for as many qualified real estate lawyers who have some experience or wish to have some experience dealing with a tax sale.  Please post location as well.
Title: Re: Tax Sale Lawyers
Post by: worldjohn on September 09, 2010, 12:14:18 AM
hi Rob
the person I use is Kirk Cooper
He's based in Toronto but has represented me in tax sale buys and sells throughout ontario
His prices are awesome
$300.00 for a purchase   plus out of pocket expenses and Land transfer Tax and HST
$200.00 for a sale   plus out of pocket expenses and Land transfer Tax and HST


http://www.kirkcooperlaw.com/
Kirk J. Cooper B.A., LL.B.
Barrister, Solicitor and Notary

Suite 308, 120 Carlton Street
Toronto, Ontario, Canada M5A 4K2

Telephone: (416) 923-4277

Title: Re: Tax Sale Lawyers
Post by: netpred on September 09, 2010, 12:22:11 AM
hi Rob
the person I use is Kirk Cooper
He's based in Toronto but has represented me in tax sale buys and sells throughout ontario
His prices are awesome
$300.00 for a purchase   plus out of pocket expenses and Land transfer Tax and HST
$200.00 for a sale   plus out of pocket expenses and Land transfer Tax and HST


http://www.kirkcooperlaw.com/
Kirk J. Cooper B.A., LL.B.
Barrister, Solicitor and Notary

Suite 308, 120 Carlton Street
Toronto, Ontario, Canada M5A 4K2

Telephone: (416) 923-4277



This is a great thread Rob.

The prices that are quoted are less than half of what I would expect to pay. Sometimes you do get what you pay for. However, as far as a sale is concerned, as long as the lawyer can close the deal and get you your money, it should be fine. As far as a purchase is concerned, I take the position that the Municipal Act imposes an obligation on the Municipality to register a tax deed. Also, there is no Land Transfer Tax payable on a sale.
Title: Re: Tax Sale Lawyers
Post by: Asindero on September 09, 2010, 04:38:32 AM
Don't waste money on lawyers. Goto the lawyer of the municipality. You might get it for free. The municipality even pay for the land transfer tax.
Title: Re: Tax Sale Lawyers
Post by: Raykirk on September 21, 2010, 02:14:25 AM
Don't waste money on lawyers. Goto the lawyer of the municipality. You might get it for free. The municipality even pay for the land transfer tax.

I definitely agree with you my friend. It is better if you go to directly to your Municipal Hall and inquire of your options. If you are to hire a lawyer they will advice you. There might be available public lawyers who gives their services for free.
Title: Re: Tax Sale Lawyers
Post by: worldjohn on September 21, 2010, 03:09:58 AM
I wouldnt pay for a lawyer if I didnt have to but as I found out , You wont have a choice with some municipalities.  They will make you get your own lawyer no matter what position you take or arguements you present.  There is a recent law that wont allow a lawyer to represent both sides of a real estate agreement.

Netpred- how do you get out of paying land transfer tax?  Do you have a trick to get out of paying HST
Title: Re: Tax Sale Lawyers
Post by: netpred on September 21, 2010, 01:44:14 PM
I wouldnt pay for a lawyer if I didnt have to but as I found out , You wont have a choice with some municipalities.  They will make you get your own lawyer no matter what position you take or arguements you present.  There is a recent law that wont allow a lawyer to represent both sides of a real estate agreement.

Netpred- how do you get out of paying land transfer tax?  Do you have a trick to get out of paying HST

You may wish to ask Asindero but I am certain that there is no lawful way to avoid land transfer tax for arm's length transactions. HST? the reality is that some municipalities don't charge it so I would just keep quiet. If it is charged, I would pay it. So make sure that you build this tax into the amount you tender.
Title: Re: Tax Sale Lawyers
Post by: Jayz on August 25, 2016, 07:44:42 PM
This thread receives not much info with regards to tax sale lawyers or lawyers who are familiar with tax sales related laws. I agree that most of the time you don't need your own lawyer to close the deal as most of the municipalities have their lawyers to do it for you. As long as the title is clean, I am okay with it. I think what we really need is a lawyer who can handle legal matters/issues arising from the tax sale after the tax sale. If anyone has any info, please share.
Title: Re: Tax Sale Lawyers
Post by: Jayz on August 25, 2016, 07:58:24 PM
Ouch, I spoke with the lawyer from above, he threw me to a pack of wolves - a pack of lawyers would be a better fit to represent my counterparty.  :(
Title: Re: Tax Sale Lawyers
Post by: mountainman on August 27, 2016, 01:09:46 PM
I am Mountainman

Rare is the case why

you need a lawyer on the buy.

But on this you mustn't dwell

you always need one on the sell.

Jayz please share with us your story

why this lawyer was so predatory?

For I am Mountainman
Title: Re: Tax Sale Lawyers
Post by: Jayz on August 27, 2016, 04:36:24 PM
Mountainman,

I'd rather not share this in the public domain, at least not for now, as this is still an ongoing matter and it doesn't seem to go away easily without a fight as I am dealing with a whole bunch of people including some legal "professionals" who can't even distinguish Tax Sale from Power of Sale. I had confidences, thanks to Dave from OntarioTaxSales.ca as well as the city lawyer who did the transfer for their free "legal info/advice" that backed me up, especially thanks to the city lawyer who was very nice to provide me a list of lawyers in the business that I'd been looking for ... until I spoke with the lawyer from above. Sorry, I'll not give too many details here. I, however, will share with members of the board privately if any of them is interested. If you can give your free opinions, great. If not, fine too. One thing I am sure about is, once this is done this will make a very interesting and helpful Tax Sale case study.  ;)
Title: Re: Tax Sale Lawyers
Post by: Jayz on September 23, 2016, 11:31:39 PM
I promised to get back on this. It worked out completely in my favor. Those who emailed or Pmed me know what I am talking about. So next time bid with confidence  ;). It proves the lawyer above was wrong. I have no complaint as I figured that many lawyers had no clue about tax sale, which may be a good thing. :-X