Buying & Selling — Property Counsel
Legal Services for Buyers & Sellers

Buy Smart. Sell Strong.
Close with Confidence.

Property Counsel represents buyers and sellers of residential and commercial property across Ontario — from offer review to title registration. Transparent fixed fees. Remote closings. Licensed lawyer on every file.

Our practice is built on direct experience in the real estate industry — we understand the deal, not just the law behind it.
What We Handle

The Ontario transaction, step by step.

Every residential closing in Ontario follows the same six-stage legal process. What changes is which side of the table you’re on. Here’s what we handle for you — whether you’re the buyer, the seller, or both.

Buyer’s side
Seller’s side
01
Agreement of Purchase and Sale Review
For Buyers
We review every clause of the APS before you are legally bound — identifying unfavourable conditions, ambiguous terms, irrevocable dates, and anything that could expose you to risk after closing. If you are signing an APS without a lawyer-review condition, contact us before you sign.
For Sellers
Once your APS is firm, we review every term — closing date, deposit, conditions, chattels and fixtures included in the sale — to confirm your obligations and flag any terms that could create risk. If you are selling privately (FSBO), we can draft the Agreement for you.
02
Title Search & Requisitions
For Buyers
We conduct a comprehensive title search to confirm clear ownership and identify liens, judgments, easements, unregistered interests, work orders, or outstanding taxes affecting the property. We then raise formal requisitions with the seller’s lawyer to clear anything that would compromise your ownership.
For Sellers
The buyer’s lawyer will send written requisitions about the state of title, work orders, zoning, and taxes. We review and respond on your behalf — resolving routine items and handling substantive issues before they threaten the closing. Unaddressed requisitions can entitle the buyer to refuse to close.
03
Mortgage & Lender Coordination
For Buyers
We work directly with your lender to review mortgage instructions, prepare mortgage documents, and register the charge on title through Teraview. We confirm that your funds are in place, released correctly, and applied to your purchase on closing day.
For Sellers
We obtain a payout statement from your existing lender and arrange for the mortgage to be discharged from title. We identify and clear any other registered charges — liens, judgments, executions — so clear title transfers to the buyer. Prepayment penalties are reviewed with you in advance.
04
Statement of Adjustments
For Buyers
We calculate and verify all financial adjustments — prorated property taxes, prepaid utilities, condo common expenses, and any other credits between you and the seller — so you pay only for what is yours, starting on the day you take ownership.
For Sellers
We prepare the Statement of Adjustments, which determines the exact net amount you will receive on closing day. Property taxes, utilities, common expenses, and any other apportionable costs are accounted for precisely.
05
Closing Coordination & Document Preparation
For Buyers
We arrange title insurance, prepare acknowledgments and directions, coordinate with the seller’s lawyer on closing mechanics, and confirm that vacant possession will be delivered in the condition required by the Agreement. Issues with chattels, condition, or debris are resolved before keys are released.
For Sellers
We prepare the Transfer and all required closing documents, arrange for your signature, coordinate closing mechanics with the buyer’s lawyer, and confirm that all conditions and undertakings are satisfied on time.
06
Closing, Registration & Funds
For Buyers
On closing day we exchange funds with the seller’s lawyer, register the Transfer in your name through Teraview (Ontario’s electronic land registration system), and confirm all legal requirements are satisfied before keys are released.
For Sellers
We receive the purchase funds, pay out your existing mortgage and registered charges, deduct legal fees and disbursements, remit brokerage commission where applicable, and deliver your net proceeds with a full written reporting letter confirming how every dollar was distributed.
How We Help

We handle every kind of Ontario closing.

Every transaction is different. A first-time buyer purchasing a condo has different concerns than a retiree selling a cottage, or a non-resident investor acquiring a rental. Here’s how we adapt.

01 — Residential
First-time home buyers
First-time buyers in Ontario may qualify for a provincial land transfer tax rebate of up to $4,000, an additional Toronto rebate of up to $4,475, and the federal Home Buyers’ Amount tax credit. Eligibility depends on prior ownership history (worldwide), age, occupancy intention, and how title is taken. We confirm your eligibility and coordinate the rebate at closing.
Rebates Reviewed
02 — Residential
Condominium purchases
Condo purchases require review of the status certificate under section 76 of the Condominium Act, 1998 — reserve fund adequacy, pending special assessments, ongoing litigation, financial statements, rule compliance, and unit-specific arrears. A thorough review identifies financial and governance red flags before you are bound. Every condo file we handle includes a full status certificate review.
Status Certificate Review
03 — Residential / Recreational
Cottage & recreational property
Cottage transactions involve issues rarely seen on urban closings — shore road allowances, Crown land patents, unopened road allowances, well and septic compliance, conservation authority regulation, waterfront setbacks, and seasonal road access. We conduct the additional due diligence these properties require on both the buy and sell sides.
Waterfront Due Diligence
04 — Transaction Type
FSBO & private sales
Without a real estate agent, the legal obligations and drafting burden shift to the parties. We can draft or review the Agreement of Purchase and Sale, advise on deposit arrangements, confirm disclosure obligations, and handle the full legal closing. Bringing us in before you accept or sign an offer significantly reduces exposure on a private transaction.
Draft or Review APS
05 — Tax & Compliance
Non-resident buyers & sellers
Buyers: the 25% Non-Resident Speculation Tax (province-wide), 10% Toronto MNRST (within the city), Underused Housing Tax filing obligations, and the federal Prohibition on the Purchase of Residential Property by Non-Canadians Act. Sellers: the CRA Clearance Certificate under s.116 of the Income Tax Act — a months-long process that must begin before closing to avoid buyer withholding.
NRST, MNRST & CRA
06 — Structure
Co-ownership purchases
Buying with a partner, friend, sibling, or parent raises questions that go beyond the closing itself. How is title held — joint tenancy or tenancy in common? Who contributes what? Who can force a sale? What happens on death, separation, or disagreement? We coordinate with your Agreement of Purchase and Sale and recommend a co-ownership agreement to address these questions before they become disputes.
Joint Tenancy vs. TIC
What You Need to Know

Common questions from Ontario buyers and sellers.

Answers to what we’re most often asked. If your question isn’t here, contact us — we’ll answer directly.

For buyers

Do I need a real estate lawyer to buy a house in Ontario?
Yes — under the Land Registration Reform Act, only a licensed Ontario lawyer can transfer title through Teraview, so legal representation is required to close a real estate purchase in Ontario.
How much is land transfer tax in Ontario?
Ontario land transfer tax is tiered from 0.5% to 2.5% based on purchase price, and Toronto buyers pay a second municipal land transfer tax at matching rates.
What are the closing costs when buying a home in Ontario?
Ontario closing costs typically fall between 1.5% and 4% of the purchase price, covering land transfer tax, legal fees, title insurance, adjustments, and any applicable NRST.
What should I look for in a condo status certificate?
An Ontario condo status certificate under section 76 of the Condominium Act, 1998 discloses reserve fund adequacy, special assessments, litigation, and unit arrears — flagging financial and governance red flags before you are bound.
I’m a first-time home buyer — what should I know?
Ontario first-time home buyers may qualify for a provincial LTT rebate of up to $4,000, an additional Toronto rebate of up to $4,475, and the federal Home Buyers’ Amount tax credit.
I’m a non-resident buying Ontario property — what taxes apply?
Non-resident buyers pay the 25% Non-Resident Speculation Tax province-wide, plus the 10% Toronto MNRST within the city, with additional UHT and federal foreign-buyer-ban compliance.
What happens if the seller fails to close?
Ontario buyers may pursue specific performance, damages, and deposit return — and a Certificate of Pending Litigation can be registered on title to preserve those rights.
Can I do a real estate closing remotely in Ontario?
Yes — Ontario real estate closings can be completed fully remotely using secure video conferencing, electronic document signing, and electronic funds transfer.

For sellers

Do I need a real estate lawyer to sell property in Ontario?
Yes — only a licensed Ontario lawyer can transfer title through the province’s electronic land registration system, so a seller cannot complete a real estate transaction without one.
When should I retain a lawyer — before or after I sign?
As early as possible — ideally before signing the Agreement of Purchase and Sale, because once an Ontario deal is firm, legal deadlines begin running immediately.
What is a buyer requisition and how does it affect me?
A buyer requisition is a written demand to address title, work order, zoning, or tax issues — and unaddressed requisitions can entitle the buyer to refuse to close.
What happens to my existing mortgage when I sell?
Your existing mortgage is discharged from title at closing — paid out from sale proceeds (including any prepayment penalty) and registered as discharged.
What are my disclosure obligations as an Ontario seller?
Ontario sellers have no statutory duty to disclose every defect, but are legally prohibited from actively concealing latent defects a buyer could not reasonably discover on inspection.
I’m a non-resident selling Ontario property — what should I plan for?
Non-resident sellers must obtain a CRA Clearance Certificate under section 116 of the Income Tax Act — a months-long process that must begin before closing to avoid 25% buyer withholding.
What if the buyer fails to close on the agreed date?
Ontario sellers may retain the deposit, pursue damages for the price difference and carrying costs, and — in limited circumstances — seek specific performance.
I’m selling privately (FSBO) — can you help?
Yes — we draft the Agreement of Purchase and Sale, advise on deposit handling, confirm disclosure obligations, and handle the full legal closing for Ontario private sales.
The Property Counsel Standard
“Buying or selling property is one of the largest financial decisions you will make. 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 close transactions remotely across Ontario. Sign from wherever you are.

Ready to move forward with your transaction?

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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.