Recruitment & Selection Procedure

Why Recruitment & Selection Procedure?

Notaries are limited in the services they may provide. Only Lawyers can provide you with legal advice on issue that may come up before, during and after the completion of your transaction. Also, there is a misconception that Notaries are cheaper than Lawyers. Lawyers’ conveyancing fees compare favorably with Notaries’ fees.

Basic Services

  • Purchase with or without a Mortgage
  • Sale and discharge of a Mortgage
  • Registration of new Mortgage
  • Construction Mortgage
  • Refinancing (Discharge of existing Mortgage & Registration of new Mortgage)
  • Title Transfer (Including transaction involving an Estate)

Additional Services

  • Independent Legal Advice
  • Drafting and registration of Covenants
  • Drafting of a Contract of Purchase and Sale (where no real estate agents are involved)
  • Review and Legal Advice on Contract of Purchase and Sale
  • Review of Title and Charges on Title
  • Drafting of a Co-ownership Agreement (shared ownership)
  • Drafting of a Nominee Agreement (where legal title does not reflect beneficial ownership)

Frequently Asked Questions on Recruitment & Selection Procedure

What is Independent Legal Advice and why is it important?
Independent Legal Advice (“ILA”) refers to legal advice given by a lawyer who is not involved in the transaction with the client. ILA is usually required by lenders and other sophisticated parties who want to ensure that their clients are fully informed of the content and consequences of a transaction. ILA should be obtained by any person who is self represented and who is involved in a transaction where all, or some, of the parties are represented by the same lawyer.
When should I get independent legal advice?
Independent Legal Advice must be obtained as early as possible, even before any formal legal steps are started.
I want to buy a franchise. What should I look out for?
The first thing to do is to obtain as much information about the franchisor and the franchise opportunity as possible. Franchisors must disclose in most provinces and provide disclosure documents for information purposes in the remaining provinces. Obtain this disclosure document from the franchisor. When you are in possession of all the information, which should include a franchise agreement, see your lawyer and have your accountant verify the franchisor’s figures and calculations. Make a decision only when you have been advised by your professional team, and do not pay the franchisor any money until you are 100% satisfied that the opportunity is a good fit for what you want to do. The golden rule when buying a franchise is: If you are not 100% at ease with the franchisor and the franchise opportunity; walk away.  
I want to franchise my business. Where do I start?
The first step to take when you want to franchise your business is to discuss it with your lawyer and accountant. As part of this discussion, the following should be covered:
  • Whether your business is franchisable?
  • Is the business of the franchisor viable and feasible?
  • Intellectual property right
  • Structuring of the franchisor’s business
  • Risk management
  • Expansion of the business and roll-out models
  • Recruitment and Selection process and manual
  • Compliance with franchise acts
  • Pre-opening processes, including training, and manual
  • Day to day operations and Daily Operations Manual
  • Legal and other documents required
  • Franchise disclosure requirements and documents
This is not a comprehensive list but a guideline. Speak to our franchise lawyer to obtain more details.