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Real Estate Law Blog

A comprehensive library of residential real estate law articles, written and actively maintained by Zachary Soccio-Marandola.

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Modern brick condominium exterior with stacked glass balconies

Condo Exclusive-Use Areas in Ontario: Balcony, Parking, and Doorbells

In Ontario, a condo balcony, parking spot, or locker is often exclusive-use common element—not part of your unit—and alterations like doorbells need board approval under section 98.

Gray wooden house exterior with front porch and garage

Selling a Tenanted Home in Ontario: Vacant Possession, N12, and Cash-for-Keys

Listing an Ontario rental does not end the tenancy. Vacant possession on closing needs a valid N12 path, an N11 agreement, or a buyer who takes the tenant.

Commercial airplane on final approach over a runway

Section 116 Clearance Certificate for Non-Resident Sellers in Ontario

If a non-resident sells Ontario real property without a CRA section 116 certificate, the buyer is entitled to hold back 25% or 50% of the price, depending on the type of property.

Person signing real estate paperwork at a desk

Real Estate Conditions Explained: Financing, Home Inspection, Status Certificate, and Sale of Property

On an Ontario APS, financing, inspection, status certificate, and sale-of-property conditions only protect you until the deadline. Miss the written notice and a condition-precedent deal usually dies.

Kitchen with built-in appliances

Chattels vs Fixtures in Ontario (and Rental Hot-Water Tanks)

Fixtures stay, chattels leave, unless the Ontario agreement says otherwise. A rental hot-water tank looks attached and is often owned by someone else. Write it on the form.

Toronto condo building with balconies

Toronto Vacant Home Tax on a Purchase or Sale

Miss Toronto's occupancy declaration and the City treats the house as vacant. The 3% tax is a lien. On a sale, the buyer can inherit it.

Toronto skyline across Lake Ontario at sunset

First-Time Land Transfer Tax Rebates in Ontario

Ontario's first-time refund is up to $4,000. Toronto adds up to $4,475. A spouse who owned while you were together, or a parent on title as a real owner, can cut or kill it.

Front door of a house with the number 59

Real Estate Deposits in Ontario

An Ontario resale deposit is security for the deal, not a cooling-off period. Miss it and you can still be on the hook. Walk from a firm agreement and the seller can keep it, and sometimes more.

A real residential house on an overcast day

Seller Disclosure in Ontario: Latent vs Patent Defects

Ontario sellers must disclose known latent defects that make a home dangerous or unfit to live in. They do not have to volunteer stigma, and they cannot hide a problem or lie if asked.

New Housing HST Rebates: Everything You Need to Know

New Housing HST Rebates: Everything You Need to Know

Ontario has five new-housing HST rebate programs: three in force, two still proposed. Do not treat a proposed rebate as cash in the price.

Professionals reviewing a contract document together

Removing Conditions on an Agreement of Purchase and Sale

In Ontario, a conditional APS becomes firm by Notice of Fulfillment, Waiver, or Amendment—three forms with different signature rules and deadlines.

Condition Precedent vs Condition Subsequent

Condition Precedent vs Condition Subsequent

Condition precedent vs condition subsequent in an Ontario Agreement of Purchase and Sale: action vs inaction, and why a buyer’s financing clause is usually a precedent.

Closing costs when selling a home in Ontario

Closing Costs When Selling a Home in Ontario

Ontario sellers still pay closing costs after commission: legal fees from $1,999 + HST, mortgage discharge, adjustments, and sometimes capital gains.

Pre‑Construction Condo Closing: Legal Considerations

Pre‑Construction Condo Closing: Legal Considerations

A pre-construction condo in Ontario has two closings. Occupancy gives you the keys without title. Final closing is when you own it, the mortgage funds, and land transfer tax is paid.

Survivorship Applications Ontario

Survivorship Applications: Ontario Guide

How a survivorship application works in Ontario when joint tenants own the property: who can apply, what the lawyer needs, and why tenants in common cannot use it.

Professional in a suit reviewing documents at a desk

How to Choose a Real Estate Lawyer: Ontario Guide

In Ontario, pick a real estate lawyer who closes residential files full-time — specialization, responsiveness, and a clear all-inclusive fee matter more than the lowest quote.

Real Estate Closing Process Ontario: A Step-by-Step Guide

Real Estate Closing Process Ontario: A Step-by-Step Guide

Ontario real estate closing from signed APS to registration: purchase steps, sale steps, closing costs, and where files stall.

Title Insurance Ontario: A Complete Guide

Title Insurance Ontario: A Complete Guide

Title insurance on an Ontario purchase: owner vs lender, what the policy covers, what it does not, and why your lawyer orders it at closing.

Title Transfers in Ontario

Title Transfers in Ontario: A Complete Guide

Adding or removing a name on title in Ontario: spouse, parent or child, a third party, and why a transfer without a sale is a different job than a closing.

Condo Maintenance Fees: A Full Breakdown

Condo Maintenance Fees: A Full Breakdown

Ontario condo maintenance fees are common expenses: a monthly share of the building, set by the declaration, plus the reserve. Low fees can mean a thin reserve.

Two people reviewing and signing a contract

When to Hire a Real Estate Lawyer

In Ontario you need a real estate lawyer to register a transfer or mortgage — hire one before you sign the agreement, not on closing morning.

Interim Occupancy Closings in Ontario: What Buyers Need to Know

Interim Occupancy Closings in Ontario: What Buyers Need to Know

Interim occupancy on an Ontario pre-construction condo: you get the keys before title, you pay occupancy fees that are not a deposit, and final closing is when you actually own it.

Real Estate Legal Fees: A Full Breakdown

Real Estate Legal Fees: A Full Breakdown

Ontario real estate legal fees start at $2,299 to buy and $1,999 to sell, all-inclusive. How the legal bill differs from closing costs, and how to compare two quotes.

Closing costs when buying a home in Ontario

Closing Costs When Buying a Home in Ontario

Ontario buyers budget closing costs beyond the down payment: land transfer tax, legal fees from $2,299 + HST, title insurance, and registration at $85 per document.

What Does A Real Estate Lawyer Do In Ontario?

What Does A Real Estate Lawyer Do In Ontario?

An Ontario real estate lawyer searches title, holds the money in trust, and registers the transfer or mortgage on Teraview. A realtor cannot complete that closing.

What Does a Property Deed Look Like in Ontario?

What Does a Property Deed Look Like in Ontario?

What an Ontario property deed looks like, how joint tenants and tenants in common appear on the Transfer, and how deeds are registered.

House for sale by owner in Ontario

How to Sell a House Privately in Ontario: FSBO Guide for Homeowners

You can sell a house privately in Ontario without an agent, but you still need a real estate lawyer to register the transfer and close the deal.

Residential street with houses under a clear sky

Property Law Basics Ontario

Ontario property law sets how ownership, leases, easements, and covenants work on title — and why a title search and lawyer-led closing still matter on a residential deal.

Private Mortgage Lawyer: Lending, Borrowing, Refinancing

Private Mortgage Lawyer: Lending, Borrowing, Refinancing

A private mortgage in Ontario is a charge on title from someone other than a bank. You usually need two lawyers, the borrower often pays both, and the commitment is the deal.

Land Severance in Ontario: The Complete Guide

Land Severance in Ontario: The Complete Guide

How land severance works in Ontario: creating a new lot, the municipal consent process, appeals, and typical costs.