Practice Area
Real Estate
Careful legal work for important property transactions and ownership decisions.
Discuss a Real Estate Matter
A real estate transaction brings together a binding agreement, financing, title, taxes, insurance, timing and the practical realities of moving money and property. Small uncertainties can become expensive if they are identified too late.
Lawrence and Joshua assist clients with purchases, sales, refinancing and related property matters. We review the legal documents, coordinate with the other professionals involved and help clients understand what must happen before closing.
Purchases
When acting on a purchase, our work may include:
- Reviewing the agreement of purchase and sale
- Explaining conditions, adjustments and closing obligations
- Reviewing title and registered interests
- Addressing ownership structure and how title will be held
- Coordinating mortgage and lender requirements
- Considering title insurance
- Preparing and registering transfer and mortgage documents
- Reviewing statements of adjustments and closing funds
- Completing the closing and reporting on the transaction
Early legal review is particularly useful where a purchase involves co-owners, a private agreement, a family transfer, an estate, unusual conditions or questions about title.
Sales
When acting on a sale, our work may include:
- Reviewing the agreement and responding to requisitions
- Confirming title and identifying mortgages or other registrations
- Preparing transfer and closing documents
- Coordinating mortgage payout and discharge arrangements
- Reviewing adjustments for taxes, utilities, deposits and other items
- Completing the closing and accounting for sale proceeds
- Reporting on the completed transaction
Refinancing and title matters
We also assist with:
- Mortgage refinancing
- Transfers between family members or co-owners
- Changes in the way title is held
- Survivorship applications
- Estate-related transmissions and transfers
- Title defects, encroachments and registration issues
- Co-ownership questions and agreements
- Property issues connected with separation or estate administration
Before you sign
An agreement of purchase and sale can become binding before a lawyer sees it. Where possible, obtain legal advice before signing, particularly if the transaction includes unusual conditions, co-ownership, a private mortgage, a non-resident party, an estate, a tenant, substantial renovations or questions about permitted use.
What we will need
Depending on the transaction, the firm may ask for:
- The complete agreement of purchase and sale and all amendments
- Government-issued identification
- Mortgage or lender information
- Property tax and utility details
- Existing mortgage statements
- Condominium status information
- Insurance details
- Marital-status information relevant to the property
- The full names and intended ownership interests of purchasers
- Contact information for the real estate representatives and lender
Common questions
What the process should provide
- A focused assessment of the position and available evidence
- Practical advice about choices, timing and procedure
- Preparation suited to negotiation, completion or court
- Direct communication about uncertainty, cost and the next decision
When should I contact a lawyer?
As early as possible. Legal advice before signing can help identify issues in the agreement. Once an agreement is signed, contact the firm promptly so that title, financing, identification and closing requirements can be addressed in time.
What does “title” mean?
Title is the legal ownership of land as recorded in Ontario’s land registration system. A title review can reveal registered ownership, mortgages, easements and other interests affecting the property.
What is title insurance?
Title insurance is a policy that may protect an owner or lender against specified title and transaction risks, subject to its terms and exclusions. It does not replace legal advice, a home inspection or all forms of due diligence.
How should co-owners take title?
The answer depends on the relationship between the owners, their contributions, estate intentions, tax considerations and what they want to happen if one owner dies or wishes to sell. Co-owners should obtain advice about title and consider a written co-ownership agreement.
Are legal fees the only closing cost?
No. A transaction may also involve taxes, registration charges, title insurance, adjustments, lender charges and other disbursements. Any public fee quote should state clearly what is included and excluded.
Put the next decision into focus
Describe the legal question, transaction or dispute and the decision you are facing. We will advise whether the matter is within our practice and what information may be useful for an initial discussion.
Request an AppointmentBring legal review into the transaction early
Contact Lawrence or Joshua when you are planning a purchase, sale, refinancing or change in property ownership.