Real Estate Purchase and Sale

It is best to involve a lawyer as soon as you have an accepted offer, or even earlier if you have questions about the terms of an offer before signing. Real estate lawyers typically handle the legal steps between an accepted offer and the actual transfer of ownership, including reviewing the contract, handling the title search, and preparing closing documents. Contacting a lawyer earlier rather than later gives more time to catch potential issues, such as a problem with the title, before they become time pressures right before closing.

A real estate lawyer reviews the purchase contract, conducts a title search to confirm the property can be transferred free of unexpected claims, prepares and reviews the legal documents needed to transfer ownership, coordinates with your lender if you are financing the purchase, and calculates the final adjustments and closing costs. On closing day, the lawyer ensures funds and documents are exchanged correctly so that ownership transfers as intended. The goal is to make sure the legal side of the transaction is handled correctly so you can focus on the move itself.

You will generally need government-issued photo identification, a copy of your accepted purchase contract, mortgage or financing documents if applicable, proof of home insurance for the property, and any deposit or down payment confirmation. If you are selling, you will also need your existing mortgage discharge information and any relevant property documents you have on hand. We provide a specific checklist once your file is opened, since the exact documents can vary depending on your particular transaction and financing arrangement.

Once an offer is accepted, the period between acceptance and closing is usually set out in the contract itself, commonly somewhere between 30 and 90 days, though it can be shorter or longer depending on what the buyer and seller agree to. During that time, the legal and financial steps, title search, mortgage approval, and document preparation, generally take place in the background. The date itself is negotiated between the parties, not set by the legal process, so the best way to know your specific timeline is to review your contract with us.

Closing costs are the various fees and taxes associated with completing a real estate transaction, separate from the purchase price itself. These can include legal fees, property transfer tax, title insurance, adjustments for prepaid property taxes or utilities, and registration fees. Buyers typically pay most closing costs, while sellers usually cover their own legal fees and any amount needed to discharge an existing mortgage. We provide a clear breakdown of expected costs early in the process so there are no surprises as closing approaches.

If a title search uncovers an issue, such as an existing claim, an unresolved lien, or a discrepancy in property boundaries, it needs to be addressed before the transaction can close cleanly. In many cases, these issues can be resolved by the seller before the closing date, sometimes through title insurance, a formal discharge, or a correction to the property record. The specific solution depends entirely on what the issue is, which is exactly why a title search is done well before closing rather than at the last minute.

Yes. A real estate agent and a real estate lawyer serve different roles in a transaction. The agent typically helps with finding a property, negotiating price, and managing the offer process, while the lawyer handles the legal transfer of ownership, title review, and the closing itself. In most parts of Canada, only a lawyer or notary can complete the legal transfer of a property, so a lawyer's involvement is a standard and necessary part of any purchase or sale, regardless of whether you also work with an agent.

The deposit is an amount paid shortly after your offer is accepted, showing your commitment to the purchase, and it is typically held in trust until closing. The down payment is the portion of the purchase price you are paying upfront, separate from any mortgage financing, and it is settled on closing day. Your deposit is usually credited toward your down payment at closing, so the two are related but not the same thing. We can walk you through exactly how these amounts apply to your specific purchase.