BECKER & COMPANY
YOUR LOCAL FULL SERVICE LAW FIRM
OUR SERVICES
Areas of Practice:
| Real Estate | Business, Commercial and Small Business | Divorce, Family Law and Mediation |
| Civil Litigation & Personal Injury | Wills and Estates | Lawyer's Fees |
REAL ESTATE back to top
Buying or selling real estate is usually the single biggest investment or transaction you are likely to make in your lifetime. We understand that. We will keep you informed, minimize risks and provide quality legal services for excellent value. We at Becker & Company are well-versed in all aspects of a real estate transaction and related financing, including:
properties (including condominiums)
- mortgages, loans and financing
- residential and commercial leasing
- land development (zoning, financing, construction, etc.)
- subdivisions
- foreclosures
builders liens If you require a mortgage, we have done and currently do mortgages for the Bank of Nova Scotia, the Toronto-Dominion Bank, the Royal Bank of Canada, the Canadian Imperial Bank of Commerce, Firstline Mortgage Corporation, Vancouver City Savings Credit Union, Village Credit Union, Westminster Savings Credit Union, the Bank of Montreal, MCAP Mortgage Corporation, Coast Capital Savings Credit Union, First National Bank as well as referrals from First Canadian Title Insurance. The Contract of Purchase and Sale
If possible, consult your lawyer before signing any contract regarding the sale of your property or the purchase of new property. You will want to make sure the contract says what you think your agreement says. We can help to ensure all the required clauses such as those dealing with holdbacks, conditions, inspections, financing, deficiencies and the responsibility for payment of GST are included.
The Property Condition Disclosure Statement
This document is used in conjunction with the standard Contract of Purchase and Sale. It deals with such important issues as the condition of the building structure, problems with the electrical or plumbing system, and whether or not there are any taxes, charges or other assessments affecting the property. This document will assist you in determining whether or not to hire a building inspector to conduct a detailed inspection of the house.
Property Transfer Tax
In British Columbia there is a Provincial tax that is payable on the purchase of real estate. Calculation of the tax is 1% on the first $200,000.00 of the value and 2% of the balance. There is an exemption for first time buyers who have never owned real estate, but there are restrictions on this exemption which you can review with your Realtor or your Lawyer.
When is G.S.T. Payable?
G.S.T. is payable when you purchase a newly constructed home, a substantially renovated home or on a single family lot. You may qualify for a rebate which can reduce the amount payable by up to 36%. Your Realtor or your Lawyer can supply you with more information on whether you would qualify for the rebate.
Why you need a Lawyer
The purchase of your home, for most people, is the single largest investment you will make. We will ensure your property is clear of all mortgages, judgments and builder's liens. We can deal with problems such as sellers or buyers who do not fulfill their obligations under the Contract. Most importantly, we will ensure that you understand what your rights and obligations are and that the proper adjustments are made between the parties.
BUSINESS AND COMMERCIAL LAW back to top
Becker & Company has a strong business and commercial practice. We have long enjoyed an excellent reputation for meeting our clients' business objectives in a timely, cost-effective manner. We currently are the Registered and Records office for more than 200 active companies. Be it wholesale or retail sales, manufacturing, farming, and technology.
We represent large and small businesses in the following matters:- preparation of commercial contracts
- negotiation of mergers
- purchase and sale of businesses
- incorporation of companies and creation of limited partnerships
- bankruptcy and insolvency
- shareholder relations
- employment issues
- Choosing a Business Structure
There are three ways to carry on a business in B.C. and Canada. The simplest and least expensive way is a sole proprietorship, where you operate the business personally by yourself. A second option is a partnership, working with one or more other partners to make a profit, but without anything more than a partnership agreement. The third and perhaps most common way is by operating your business as a limited company.
What Exactly Is a Company?
A company is a separate legal entity. It does business under its own name, is responsible for its own debts, enters into its own contracts, owns its own property, files its own tax returns and can sue or be sued. The shareholders own shares in the company, and the directors (elected by the shareholders) and officers (appointed by the directors) manage the company's affairs.
Advantages to Carrying On Business as a Company
The biggest advantage to carrying on business as a company is that you enjoy limited liability. If the company is sued, only the company's assets are at risk, not your personal property such as your home or car. Generally, as a shareholder, you are not responsible for the company's debts. Your liability as a shareholder is limited to the amount of money you owe the company for your shares. This explains why the word "Limited", "Ltd.", "Incorporated", "Inc.", "Corporation" or "Corp." must appear in the name of every company.
There are also potential tax advantages, and an incorporated business may enjoy greater credibility in the business community and attract a greater source of capital.What is a Franchise?
A franchise is a method by which your company, partnership or sole proprietorship can distribute its product or service. Typically, the franchisee pays a fee and ongoing royalties to the franchisor who sells a complete package for starting and running the business. This package usually includes the business name, business manuals, trademarks and logos, employee uniforms, trade secrets, production techniques and procedures and accounting systems.
Advantages to Franchising
The franchisee receives the benefit of the franchisor's proven track record, ready-made trade name or symbol and operating systems. The franchisor gets to rapidly expand their business without investing too much capital. There may be certain disadvantages too, but your lawyer can advise you of these when reviewing your draft franchise agreement with you before you sign.
DIVORCE AND FAMILY LAW back to top
The end of a marriage is emotionally devastating. If your marriage is breaking up, or you are entangled in some other family law dispute, we have the legal expertise, skill and sensitivity to help you through this difficult time. We provide a full range of family law services, including :
- divorce and separation
- spousal and child support
- property division
- child custody and access
- marriage and cohabitation agreements
- adoptions
- Divorce and Separation
If you are separated and have lived in B.C. for at least a year, you can apply for a divorce. The only reason you need is "marriage breakdown". A marriage breakdown has occurred if you have been separated for one year or there has been adultery or cruelty. Until your divorce is granted, we can prepare a separation agreement that can resolve issues about custody, access and spousal and child support.
Spousal and Child Support
Whether or not you or your spouse are entitled to maintenance, and the amount payable, depends on how long you were married, the opportunities for the supported spouse to become self-sufficient in future and other factors. For children, new child support rules set the amount of support that the non-custodial parent has to pay. The amount is based on a percentage of that parent's income.
Property Division
You are generally entitled to a one-half share of all the family assets, which usually include the home and other property acquired during the marriage. But in some situations, a 50/50 division may not be appropriate, depending on how long you were married, whether the property was an inheritance or gift and the need for you or your spouse to become financially independent.
We can advise you on what would be a fair and just division and help to negotiate an appropriate settlement.Child Custody and Access
There are many different kinds of possible custody arrangements. You may have sole custody of your child or children, and your spouse may have access on alternating weekends and holidays. Or you may both share joint custody, with the child living most of the time with one parent, but with both of you being involved in making decisions about your child's education, religious upbringing and health care. In some cases, the child may live half the time with each parent.
Marriage and Cohabitation Agreements
If you are about to be married, you may wish us to prepare a marriage agreement, especially if you are considerably wealthier than your partner. If you are living with someone in a common-law relationship, we can prepare a cohabitation agreement. These agreements usually specify who receives what property if the relationship ends.
Adoptions
Adoptions are governed by B.C.'s new Adoption Act. You can adopt a child through the government, an adoption agency or privately and directly with a birth mother. It is a lengthy process and involves the gathering of a lot of information, but we can assist you throughout.
CIVIL LITIGATION back to top
Civil litigation is the term used to describe any court matter that is not a criminal matter. We can assist you with the following:
- commercial disputes
- ICBC and personal injury work
- debt collections
- breach of contract
- mediation and arbitration
- insurance claims
- foreclosures
We remember that our client's bottom line is the ultimate focus - we do not prolong litigation if it is not going to add more money in your pocket. We take a sensible, economical approach. Whenever it is in our client's best interests, we will negotiate a settlement or participate in mediation or other alternative dispute resolution procedure. We offer service that is prompt and efficient, yet personalized and focuses on your goals and needs.
Are there time limits for starting a lawsuit?
Many civil litigation matters are governed by what is called a "statute of limitations", meaning that the lawsuit must be started within a certain time frame. Personal injury cases must usually be started within two years of the date of the accident. Debt collection and breach of contract claims must usually be started within six years from when the claim arose.
Other time limits can be very short, especially if you have a claim against a city or municipality. It is therefore important that you consult your lawyer soon if you have a legal problem.ICBC
Becker & Company, unlike some Law Firms, only acts for individuals in cases involving ICBC and does not act for ICBC. This is one question you should ask a Lawyer while interviewing them before having them take on your case.
Resolving a personal injury claim can take time, depending on how severe your injuries are. But here is a very brief outline of some of the things we do.
If necessary, we start your lawsuit and conduct all the steps required to protect your rights. When requested, we give ICBC copies of any relevant medical records. (If you do not have a lawyer, ICBC may ask you to sign a release that allows them to look at your complete medical history, including matters you would rather keep confidential.) We will provide you with a legal opinion on the expected amount of your "damages" or entitlement to compensation for your pain and suffering, loss of income and cost of future care.
Finally, we assist in negotiating a settlement or taking your case to trial. Most claims with a lawyer are in fact settled. 80% to 90% never go to trial.
How do you collect unpaid debts?
After conducting preliminary checks to ascertain the correct legal name of the debtor and to locate the proper address, we usually send a "demand" letter insisting that the loan or account be paid within a certain time, for example, ten days. A demand on legal letterhead is often sufficient to convince a reluctant debtor that you mean business and they should pay.
WILLS AND ESTATE back to top
Our firm provides complete services in all aspects of wills and estates law, including:
- will preparation
- estate planning and wealth preservation
- appointment of powers of attorney
- appointment of "committees" to manage the financial affairs of an elderly, incapacitated or mentally incompetent person
- creation and administration of family trusts
- Your Will
Your Will is a written document containing instructions about how your possessions are to be shared among the people and organizations you want to inherit from you when you die. In B.C., it must be signed in the presence of two witnesses, who must also sign. A handwritten will signed at the end, but not witnessed, is not valid in B.C.
Why you need a Will?
To specify who gets what share of your estate.
To name a legal guardian for your children.
To appoint an executor (the person who will look after your affairs after your death).
Do you need to make a new will if you marry?
If you marry after making a will, your will becomes invalid, unless it says you made it in contemplation of getting married. Also, if you divorce after making a will, the parts that relate to your ex-spouse may no longer be valid. You should therefore check your will from time to time to see if it needs updating.
What does the executor do?
The executor applies to the court to "probate" the will. Probate is a procedure to prove the will is valid and establish your right to act as executor. In general, the executor takes control of the estate, notifies creditors and everyone legally entitled to know about the death (in case they want to challenge the will), ensures that valuables are safely stored and proper home and other insurance is still in effect, pays the bills, manages any trust funds, distributes the bequests and files a terminal tax return.
Acting as executor can be time consuming, and you can be personally sued if you do not administer the estate properly. If you are named as executor, we can help you with all the steps required. The legal fees are usually paid from the estate.
What happens if there is no will?
If a person dies without a will, the Estate Administration Act dictates who inherits. If the deceased leaves behind a spouse only, the spouse will inherit everything. If the deceased leaves behind children, generally his or her spouse will get the first $65,000 of the estate and can live in the family home for life. Then, if there is only one child, the balance will be divided equally between the spouse and child. If there is more than one child, the spouse will get one third of the balance and the children will share the remainder. There may also be some unfavourable tax consequences if there is no will.
What does Estate & Personal Planning involve?
A will is only one part of establishing the best plan for your needs. We can assist with arranging the ownership of your assets, setting up trusts, arranging life insurance, preparing powers of attorney, reorganizing corporate structures and establishing other ways to best preserve your assets for those you want to benefit.
Estate Administration
If you are the Executor of a Will or if someone in your family has died without a Will, we can assist you through all the steps of estate administration. Including obtaining probate and concluding all the affairs of the estate, while protecting you from personal liability. Probating a Will does not have to be time-consuming or expensive. We offer a free initial consultation in probate matters. We will review the circumstances of your estate matter with you and give you an estimate of the probably cost and time required to obtain a Grant of Probate or Letters of Administration without cost or further obligation.
Estate Disputes
Unhappily, disputes of this kind often involve conflict between family members, creating or aggravating tension and bad feelings among people who, for the most part care about and support each other. Litigation is also expensive and time-consuming. We look for opportunities to resolve disputes by mediation ad negotiation rather than through the courts, saving time, money and hard feelings.
Lawyer's Fees back to top
When you walk into our office for your first appointment, probably the biggest question on your mind is "How much is this going to cost me?" A Lawyer is helping you with some very important matters that affect your life, and you're afraid you may offend if you ask. Don't be. You have a right to know how much you have to pay. We will discuss the fee in your first meeting.
There are four ways you may be charged:
The most common method of charging is by the hour. Your lawyer records the time spent and multiplies that by the hourly rate. Depending on the lawyers skill and experience, this can vary from $100 per hour to upwards of $250 per hour. You may be billed monthly or after each important step, such as starting a lawsuit to divide up the matrimonial property.
A fixed or set fee may be quoted for routine services like incorporating a company, buying a house, preparing a Will or a very simple uncontested divorce. Unless there are exceptional circumstances, you pay the quoted fee, regardless of how much time your lawyer actually spends.
A "contingent" or percentage fee is often used if you've been injured in a car accident. The lawyer takes a percentage of what you win, but gets nothing if you lose, except the expenses your lawyer has paid out-of-pocket. Usually the percentage varies depending on the stage at which your case is resolved and the amount of liability you are found to have contributed to the cause of the accident.
In many commercial matters, a lump sum is charged at the end. Your lawyer considers the amount of money involved (to buy a business, for example) the time spent, the complexity of the matter, and whether a good result was achieved. The lawyer then charges a fee that fairly reflects these things.
On top of these fees, you must pay GST and PST, plus expenses to cover what your lawyer has paid for long-distance phone calls, photocopying charges, couriers, court filing fees, and other "disbursements".