Real Estate Lawyer Role · Ontario Purchase
What Does a Real Estate Lawyer Do When You Buy a House in Ontario?
A step-by-step guide to the lawyer’s role from signed agreement to closing
What does a real estate lawyer actually do on a purchase? An Ontario real estate lawyer handles the legal side of your purchase from the time the Agreement of Purchase and Sale is received through closing and final reporting. The lawyer reviews title, deals with lender instructions, calculates closing funds, arranges title insurance, prepares and signs closing documents, pays required amounts, registers the transfer and mortgage, and reports to you after closing.
The Purchase Process
What Your Real Estate Lawyer Does \u2014 Step by Step
A typical Ontario purchase file from the signed agreement through final reporting. Not every purchase follows exactly the same process.
- 1
Receives and Reviews the Agreement of Purchase and Sale
The lawyer reviews the signed APS and relevant schedules, including the purchase price, closing date, names of parties, chattels and fixtures, rental items, conditions if still relevant, title-related provisions, adjustments and special clauses. The lawyer does not replace the realtor’s role.
- 2
Opens the File and Confirms Client Information
The lawyer confirms legal names, marital status where relevant, contact information, intended ownership, first-time buyer status, lender information and identification verification.
- 3
Reviews Title
The lawyer searches title to confirm the registered owner, legal description, mortgages and charges, easements, restrictions, notices, liens or other registrations, and any title issues that may need resolution. This is general information, not individualized title advice.
- 4
Conducts Relevant Searches and Requisitions
The lawyer may review or requisition items affecting title or closing, depending on the file. The scope depends on the transaction and the nature of the property.
- 5
Reviews Mortgage Instructions
If the buyer is financing the purchase, the lawyer receives instructions from the lender and may need to review lender conditions, prepare and register the mortgage, arrange title insurance, satisfy lender identification requirements, confirm insurance where required, complete lender forms and report after funding.
- 6
Calculates Land Transfer Tax
The lawyer calculates Ontario Land Transfer Tax, Toronto MLTT where applicable, and first-time buyer rebates where eligible.
Ontario Land Transfer Tax → - 7
Reviews the Statement of Adjustments
This document calculates items between buyer and seller, such as the purchase price balance, deposit credit, property taxes, common expenses where applicable and other contractual adjustments.
Ontario Closing Costs → - 8
Calculates the Funds Required to Close
The lawyer determines the amount needed after accounting for the purchase price, mortgage advance, deposits, Land Transfer Tax, title insurance, legal fees, adjustments and lender deductions.
How Much Money Do I Need to Close → - 9
Arranges Title Insurance
Title insurance is commonly used to address certain title and closing risks. It does not eliminate every title risk; the lawyer can explain what it does and does not cover for your file.
- 10
Prepares Closing Documents
The lawyer prepares documents required for closing and lender compliance, which may include transfer-related documents, mortgage and charge documents, declarations, direction documents, undertakings, lender forms and reporting documents. Not every file uses every document.
- 11
Meets With the Buyer to Sign
Signing may be completed remotely where legally and practically appropriate.
Virtual Real Estate Closing → - 12
Receives Mortgage Funds and Buyer Funds
The lender sends mortgage proceeds and the buyer provides the required closing funds; the lawyer confirms funds are available before closing. Always verify wire instructions directly with the firm — never trust payment instructions received only by email.
- 13
Completes the Electronic Closing
Ontario lawyers complete land registration electronically. The lawyer typically exchanges closing documents and funds through the electronic closing process, registers the transfer, registers the mortgage, confirms title registration and releases funds according to closing requirements. Registration is not always instant and delays can occur.
- 14
Delivers Keys / Closing Confirmation
Once the transaction is completed, the buyer is advised the closing is complete and possession arrangements proceed under the transaction. A precise time of day cannot be promised.
- 15
Reports After Closing
The lawyer provides a final report containing relevant closing documents and financial reporting.
Scope of the Retainer
What Is Usually Outside the Real Estate Lawyer\u2019s Role?
Some matters are commonly handled by other professionals unless specifically included in the retainer.
- Property inspection
- Determining the physical condition of the property
- Measuring room sizes or boundaries
- Evaluating market value
- Arranging financing
- Giving tax or accounting advice beyond the legal closing issues
- Municipal due diligence beyond the legal retainer unless specifically requested
- Confirming whether renovations were physically built to code unless appropriate searches or the retainer cover it
Roles
Who Does What \u2014 Lawyer, Realtor and Lender
A factual comparison of the three professionals commonly involved in an Ontario purchase.
Real Estate Lawyer
- Title
- Legal documents
- Lender instructions
- Land Transfer Tax
- Registration
- Closing funds
- Legal closing
Realtor
- Property search
- Negotiations
- APS preparation and negotiation
- Market guidance
- Property-related coordination
Lender / Mortgage Broker
- Financing
- Mortgage approval
- Underwriting
- Interest rate
- Mortgage terms
- Funding conditions
When and What to Send
When to Contact the Lawyer and What to Send
Earlier is generally better. Having the right documents ready helps the file move smoothly.
When Should I Contact a Real Estate Lawyer?
- Before signing unusual agreements where legal review is needed
- Immediately after a firm deal is signed
- As soon as lender information is available
- Early for private mortgages, assignments, estates or unusual title issues
- Well before closing if there are concerns
What Should I Send My Lawyer?
- Agreement of Purchase and Sale
- Amendments and schedules
- Identification
- Mortgage information
- Deposit information
- Property insurance details where required
- Contact information
- Title or ownership instructions
- Other documents requested by the firm
How Long Does the Legal Closing Process Take?
The legal file usually runs from receipt of the agreement and lender instructions through the scheduled closing date. A fixed number of days cannot be promised. Timing can be affected by:
- Late mortgage instructions
- Title issues
- Lender requirements
- Builder documentation
- Estate or probate issues
- Last-minute amendments
- Missing client information
Fees & Tools
How Much Does a Real Estate Lawyer Cost on a Purchase?
Current standard purchase legal fee, plus HST and applicable disbursements. Qualifying standard transactions may be eligible for the $1,399 All-In Purchase Closing Special.
Purchase Legal Fee
$790
+ HST + applicable disbursements
Qualifying standard transactions may be eligible for the $1,399 All-In Purchase Closing Special.
See full pricingEstimate Your Closing Funds Before Closing
The Purchase Closing Calculator estimates:
- Purchase-price balance
- Mortgage proceeds
- Deposits
- Ontario Land Transfer Tax
- Toronto MLTT where applicable
- First-time buyer rebates
- Title insurance entered by you
- Estimated funds required
Purchase Lawyer FAQs
Frequently Asked Questions
Direct answers about what your real estate lawyer does on an Ontario purchase.
Prepared by Jaramillo Law Professional Corporation
Serving Ontario real estate clients since 2017.
This page is general information about the lawyer’s role on an Ontario purchase and is not legal advice for your specific transaction. Every purchase is different. To confirm what applies to your file, , see our Real Estate Lawyer Fees Ontario page, or try the Purchase Closing Calculator.
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