Question:
I acted as the Buyer’s Agent and after closing found out that the hydro services were to be cut off and a lien was to be placed upon the property. Apparently, these were due to the Seller’s arrears. Is this the lawyer’s fault for not checking?
Answer:
Don’t blame the lawyer! Things have changed. It used to be that the lawyer would conduct a search. It would cost $20. Then, the Title Search companies came to town and said: “don’t do the search, save the $20, pay us instead”.
So, the lawyer never checked. But, the lawyer is still involved, so give them a call so that they can sort this out. The Seller should have paid, but they didn’t. If the Seller can’t or won’t, then there’s a proper claim to the Title insurer. Just remember, the lawyer did nothing wrong here. Every so often, this happens.
Brian Madigan LL.B., Broker