Lawyer for Your Home Sale
Selling a home is usually simpler than buying one, but the steps still have to happen in the right order: your mortgage paid out, the buyer's requisitions answered, adjustments agreed, and the sale proceeds sent to you. If one step is missed, closing can be delayed and the buyer may have claims against you.
Get a written quote within hours
Send us your Agreement of Purchase and Sale through the quote form, and we'll send a written quote, usually within a few hours on business days. It sets out our fee and each expected disbursement.
What we do for you
- Review the agreement, including the closing date, chattels and fixtures, and any conditions or warranties you have given.
- Order mortgage payout statements from your lender, including any line of credit secured on the home, and confirm penalties and per-diem interest.
- Answer the buyer's lawyer's requisitions and deal with any title issues raised.
- Prepare the statement of adjustments, crediting you for property taxes, utilities or condo fees you have prepaid.
- Prepare and sign the closing documents with you, in person or by video.
- Close the deal: receive the sale proceeds, pay out your mortgage and the real estate commission, and send you the balance.
- Obtain the mortgage discharge and confirm it's registered.
- Report to you with a full accounting of every dollar.
Things that can affect your sale
Your spouse's consent. In Ontario, a spouse generally cannot sell a matrimonial home unless the other spouse joins in or consents, even if the other spouse is not on title (Family Law Act, s. 21). We'll make sure the right signatures are in place.
Estate sales. If you are selling as an estate trustee, the buyer's lawyer will usually require the court certificate. See our Probate page.
Non-residents. If you are not a resident of Canada for tax purposes, special tax rules apply to the sale, and part of the proceeds may have to be held back. Tell us early, so that it can be handled before closing.
Work orders, liens or old mortgages. If our title search finds something registered against the home, we'll explain it and work to clear it before closing.
Selling a rented property
If the home has tenants, the agreement must say whether the buyer takes the property with the tenants in place or with vacant possession. Ending a residential tenancy for a sale follows strict rules and timelines, and getting them wrong can delay closing. Tell us about any tenants as soon as you list, and we'll review the agreement and the lease terms with you.
How it works
- Send your signed agreement and receive your written quote.
- Retain us and tell us about every mortgage or line of credit on the home.
- We order payouts, answer requisitions and prepare the documents.
- You sign, usually a few days before closing, and arrange to leave the keys.
- On closing day we receive the funds, pay out your mortgage and commission, and send you the balance.
Frequently asked questions
When will I receive my money?
After the closing funds are received and the mortgage, liens on title and commission are paid, we send you the balance. We'll confirm the expected timing for your closing when you sign.
Do I need to be in Toronto to sign?
No. Most documents can be signed by video. If you are outside Canada, some documents may need to be signed before a notary where you are, and we'll tell you which.
What if the buyer can't close?
We'll tell you immediately and explain your options under the agreement, including any extension or your rights to the deposit.
Will I pay a penalty to discharge my mortgage?
If you pay off a mortgage before its term ends, most lenders charge a prepayment penalty. We order the payout statement early so you know the figure well before closing.
I'm buying and selling at the same time. Can you do both?
Yes, and it helps. With both files in one office, the funds and dates can be coordinated.
Next step
Send your agreement through the quote form, or call 416-551-1155.