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Legal Assistance for Sellers
Selling property in Ontario.
Close with confidence.
Property Counsel is a Toronto real estate law firm representing sellers of residential and commercial property across Ontario. We handle every legal aspect of your sale — from reviewing the Agreement of Purchase and Sale to delivering your net proceeds on closing day.
Selling a property involves more legal obligations than most sellers expect.
Protect your equity with lawyers who deal with real estate, exclusively.
What We Handle
Everything your sale requires, legally.
As the seller’s lawyer, Property Counsel manages the legal side of your transaction from start to finish — protecting your interests, responding to the buyer’s requisitions, and ensuring your proceeds are distributed correctly on closing day.
01
Agreement of Purchase and Sale Review
Once your Agreement of Purchase and Sale is firm, we review every term — including closing date, deposit, conditions, chattels, and fixtures included in the sale — to confirm your obligations and identify any terms that could create risk before or on closing day. Where you are selling without a real estate agent, we can also assist with the drafting of the Agreement to ensure it accurately reflects the terms you have negotiated.
02
Responding to Buyer Requisitions
After the Agreement is firm, the buyer’s lawyer will submit requisitions — formal legal inquiries about the state of title, outstanding work orders, property taxes, and compliance matters. We review and respond to these on your behalf, addressing any issues that could delay or derail the closing, and ensuring your obligations under the Agreement are fulfilled.
03
Mortgage Discharge & Lien Clearance
If you have an existing mortgage, we obtain a payout statement from your lender and arrange for the mortgage to be discharged from title on closing. We also identify and address any other encumbrances registered against the property — including liens, judgments, or executions — ensuring that clear title is transferred to the buyer as required.
04
Statement of Adjustments
We prepare the Statement of Adjustments, which calculates the financial accounting between buyer and seller as of the closing date. This includes prorated property taxes, prepaid utilities, condo maintenance fees, and any other costs that must be apportioned between the parties. The Statement of Adjustments determines the exact net amount you will receive on closing day.
05
Closing Coordination & Document Preparation
We prepare all required closing documents including the Transfer and any other instruments to be registered, coordinate with the buyer’s lawyer on the mechanics of closing, arrange for your signature on closing documents, and confirm that all conditions and undertakings required to close the transaction have been satisfied.
06
Distribution of Sale Proceeds
On closing day, we receive the purchase funds from the buyer’s lawyer, pay out your existing mortgage and any registered charges, deduct applicable legal fees and disbursements, remit any real estate commission owing to your agent’s brokerage, and deliver the net proceeds to you — with a full written report confirming how your funds were distributed.
Important for Sellers
Non-resident sellers — plan ahead
If you are a non-resident of Canada selling Ontario property, additional obligations apply under the Income Tax Act. The buyer is required to withhold a portion of the purchase price unless the seller obtains a Clearance Certificate from the Canada Revenue Agency before closing. Obtaining this certificate takes time and must be initiated well in advance of your closing date. If you are a non-resident seller, contact us as early as possible — ideally before your property is listed — so we can guide you through the process and avoid delays or unexpected withholding at closing.
What Sellers Need to Know
Common questions about
selling property in Ontario.
These are the questions we hear most often from sellers across Ontario. Understanding your legal obligations before you list helps you avoid costly problems when it matters most.
Do I need a real estate lawyer to sell property in Ontario?
Yes. In Ontario, a licensed real estate lawyer is required to complete the closing process on the sale of any property. Under the Land Registration Reform Act, only lawyers have access to Ontario’s electronic land registration system and can legally transfer title. A seller cannot complete a real estate transaction without one.
When should I retain a lawyer when selling?
As soon as your Agreement of Purchase and Sale is firm — or ideally before, if you want us to review the Agreement before you sign. Once a deal is firm, there are legal deadlines that begin running immediately. Retaining a lawyer early gives us the time to identify and address any issues before they become problems at closing.
What is a buyer requisition and how does it affect me as a seller?
After the Agreement is firm, the buyer’s lawyer will send requisitions — formal written requests requiring you to address title issues, outstanding work orders, zoning non-compliance, or other matters affecting the property. As your lawyer, we review and respond to requisitions on your behalf. Some requisitions are routine; others require action before closing. Unaddressed requisitions can result in the buyer refusing to close.
What happens to my mortgage when I sell?
Your existing mortgage must be discharged from title on closing. We obtain a mortgage payout statement from your lender, deduct the payout amount from your sale proceeds on closing day, and arrange for the discharge to be registered. If your mortgage has a prepayment penalty, that amount will also be deducted from your proceeds — we review this with you in advance so there are no surprises.
What are my disclosure obligations as a seller in Ontario?
Ontario does not impose a statutory duty on sellers to disclose all defects, but sellers are legally prohibited from actively concealing latent defects — hidden defects that a buyer could not reasonably discover on inspection. Misrepresentation or deliberate concealment can expose a seller to legal claims after closing. We advise on your disclosure obligations as part of our review of your Agreement.
What if the buyer fails to close on the agreed date?
If a buyer fails to close, you have legal remedies available including retaining the deposit, pursuing an action for damages for carrying costs and losses incurred, or in some circumstances, seeking specific performance. Time is critical — the steps you take immediately after a failed closing significantly affect your legal position. Contact us immediately if your buyer is in default.
How much does a real estate lawyer cost for a sale in Ontario?
Property Counsel charges transparent fixed fees for sale transactions — you know the full cost before we start. Legal fees for selling are generally lower than for buying, as the seller’s lawyer handles fewer disbursements. Contact us for a quote specific to your transaction. There are no end-of-matter billing surprises.
I am selling without a real estate agent — can you help?
Yes. If you are selling privately without agent representation, we can assist with the drafting of the Agreement of Purchase and Sale in addition to handling the full legal closing. Selling privately places greater responsibility on you to negotiate and document the transaction correctly — having a lawyer involved from the outset reduces your exposure significantly.
The Property Counsel Standard
“Your sale proceeds represent years of equity. Prudent investors close with prudent lawyers.”
Real estate law, only
We practise exclusively in real estate — your file is handled by a lawyer who knows this area inside out.
Transparent pricing
You know the full cost before we start. No end-of-matter surprises.
Direct access to your lawyer
Your file is handled by a licensed lawyer from start to finish — not a paralegal or junior clerk.
Remote & electronic signing
We handle seller closings remotely across Ontario. Sign from wherever you are.
Selling your property?
Let’s get started.
Book a Consultation

Disclaimer: The content on this page is for general information purposes only and does not constitute legal advice. Reading this page does not create a lawyer-client relationship. For advice specific to your situation, contact Property Counsel or your own legal counsel. Property Counsel makes no representations as to the accuracy, completeness, or currency of the information provided. Content reflects the law as of its publication date and may not reflect subsequent legal developments.