These are the questions we hear most often from buyers across Ontario. Understanding these issues before you sign helps you make better decisions — and avoid costly mistakes.
Do I need a real estate lawyer to buy property in Ontario?
Yes. In Ontario, a licensed real estate lawyer is required to complete the closing process. Your lawyer registers title, handles the exchange of funds, and ensures the transaction is legally binding. This is not optional — it is a legal requirement under Ontario’s land registration system.
When should I contact a lawyer — before or after signing the APS?
Ideally before you sign. The Agreement of Purchase and Sale is a legally binding contract and its terms govern your entire transaction. If you have already signed, contact us as soon as possible — the earlier we are involved, the more options you have if issues arise before or on closing day.
What is a title search and why does it matter?
A title search is a review of the property’s ownership history and registered interests in Ontario’s land registry. It confirms that the seller has the legal right to sell, and identifies anything registered against the property — including liens, mortgages, easements, or legal claims — that could affect your ownership after closing. Every Property Counsel purchase file includes a full title search.
What is title insurance and do I need it?
Title insurance protects you against losses arising from title defects that were not discoverable before closing — including fraud, survey errors, outstanding work orders, and zoning violations. It is strongly recommended for all Ontario property purchases and is a standard part of every closing we handle.
How much does a real estate lawyer cost for a purchase in Ontario?
Property Counsel charges transparent, fixed fees for purchase transactions — you know the full cost before we start. Legal fees vary depending on the nature and complexity of the transaction. Contact us for a quote specific to your purchase. There are no end-of-matter billing surprises.
I am a first-time buyer — is there anything I should know?
First-time buyers in Ontario may qualify for a land transfer tax rebate of up to $4,000 provincially, and up to $4,475 if purchasing in Toronto. You may also qualify for the federal Home Buyers’ Amount tax credit. Eligibility rules differ between programs and depend on your ownership history and how title will be taken. We review your eligibility as part of every first-time buyer file we handle.
What happens if the seller fails to close?
If a seller fails to complete the transaction on the agreed closing date, you may have legal remedies including an action for specific performance to compel the transfer, or an action for damages. Acting quickly with legal counsel is essential — time-sensitive steps are required to preserve your rights and your deposit.
What is the difference between a real estate agent and a real estate lawyer?
Your real estate agent helps you find a property and negotiate the offer. Your lawyer handles the legal side of the transaction — title searches, mortgage registration, closing funds, and title registration. Both serve different roles. Only a licensed lawyer can provide legal advice about your transaction or act for you at closing.