Home Sale Lawyer
When you sell property in Ontario, your lawyer ensures the transaction closes on time, all obligations are met, and you receive your proceeds without delay.
Zachary Soccio-Marandola is an experienced home sale lawyer in Toronto.
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What a Home Sale Lawyer Does in Ontario
Selling property involves legal obligations from the moment your offer is accepted until title transfers to the buyer. Here's what we handle at each stage of the closing process:
Before Closing: Clearing Title and Preparing for Sale
Our first step is to review your Agreement of Purchase and Sale to understand your obligations as the seller — what you've agreed to deliver, your closing date, deposit arrangements, and any conditions the buyer needs to satisfy.
We then search title to identify any registered liens, mortgages, judgments, or encumbrances that need to be discharged before closing. If you have an existing mortgage, we contact your lender to obtain a discharge statement showing the exact payoff amount and arrange for the mortgage to be discharged on closing day.
We also verify you're meeting all other obligations in the agreement such as vacant possession, included chattels and fixtures, completion of any required repairs.
If any issues arise like unpaid property taxes, work orders, title defects, or buyer delays, we work to resolve them before they jeopardize your closing. We prepare all required documents for registration including the Transfer/Deed of Land, seller affidavits, and discharge paperwork, and arrange your signing appointment to walk you through everything before closing day.
Closing Day: Completing Your Home Sale
On closing day, we receive the sale proceeds from the buyer's lawyer into our trust account, pay off your existing mortgage and any other liens registered against the property, deduct our legal fees, calculate and finalize closing adjustments for property taxes and condo fees, release the transfer of ownership to the buyer, discharge your mortgage, and transfer your net proceeds to you.
After Closing: Confirming Discharge and Final Steps
After closing, we confirm the transfer is registered, your mortgage discharge is filed with the Land Registry Office, and all funds are properly accounted for. We provide you with a final Statement of Adjustments showing all funds received and paid out, along with copies of all registered documents. If any post-closing issues arise — delayed discharges or registration errors — we handle them.
Single-Family Homes (detached, semi-detached, townhomes), Condominiums (resale and new construction), Investment properties, Assignments, Recreational Properties, and Vacant Land.
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Home Sale Closing Costs in Ontario
When you sell property in Ontario, your closing costs are deducted from your sale proceeds. Here's what sellers typically pay:
Legal Fees
Your real estate legal fee covers our representation throughout the sale — title clearance, Agreement of Purchase and Sale review, mortgage discharge coordination, document preparation, closing adjustments, and registration of the transfer and discharge. We include all office disbursements in our price: title searches, execution searches, tax certificates, discharge instruction fees, software costs, and banking fees. Sales involving multiple mortgages, corporate sellers, or estate transactions may involve additional work.
Closing Adjustments
Property taxes and condominium fees are adjusted based on the closing date. If you've prepaid property taxes beyond the closing date, the buyer reimburses you for the unused portion. If taxes are in arrears, the amount owing is deducted from your proceeds. We calculate all adjustments to the day and include them in your Statement of Adjustments.
Real Estate Commission
Real estate commission is typically the largest cost when selling property. Commission rates vary but commonly range from 4% to 5% of the sale price, split between the listing agent and buyer's agent. Commission is negotiated with your real estate agent and paid directly from the deposit held in trust by the listing brokerage, with either a credit provided you or shortfall applied from your proceeds depending on whether the deposit covers the full commission amount.
For a complete breakdown specific to your sale, use our legal fee calculator.
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Choosing a Home Sale Lawyer in Ontario
Not all real estate lawyers operate the same way. Here's what matters when you're choosing a lawyer to handle your sale:
Who actually works on your file?
Most real estate transactions are handled by a team — a lawyer and a clerk working together. That's normal and efficient. What matters is knowing who your lawyer is and who makes decisions when problems arise. Ask upfront: who's my lawyer, and who handles my file day-to-day? You should know who to reach when you need answers or advocacy.
We're a small team. You'll know your lawyer from the start, and you'll have direct access throughout the transaction. When issues come up, you're talking to the person who makes decisions on your file.
How do they communicate?
Responsiveness matters more than people realize. When you have questions about your closing, you shouldn't be waiting days for a callback. You need to know how the lawyer communicates — do they respond to emails same-day? Are they easy to reach by phone?
The best way to test this is before you hire them. Reach out for a quote or ask a question about the closing process. You'll see very quickly how they communicate.
Is real estate law their focus?
There are general practitioners who handle real estate deals on the side. The promise of a lower fee might be appealing, but experience shows when problems arise. Someone who closes a few deals a month operates differently than someone who closes deals every day.
We work exclusively on residential real estate law in Ontario. Purchases, sales, refinances, and title transfers — that's all we do. When issues come up, we've seen them before.
What does their pricing include?
Ask if their quote is all-inclusive or "plus disbursements." Some lawyers quote a base legal fee, then add on separate charges for title searches, status certificate reviews, document fees, and administrative costs. By the time you close, the final bill is significantly higher than the original quote.
We provide all-inclusive pricing. Our legal fee includes all office disbursements — title searches, status certificate review, execution searches, software fees, tax certificates, and administration costs. You get one number upfront, and that's what you pay.
Our background
I spent 7 years as a licensed real estate broker before becoming a lawyer. I've been on both sides of transactions — I know how deals are structured, how Realtors negotiate, and where things break down. That perspective shapes how we review sale agreements and advise clients.
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Next Steps: Hiring a Home Sale Lawyer
Looking to hire a lawyer for your sale? Here's what to do:
- Get an Accurate Quote
Use our legal fee calculator to get an instant estimate of your legal fees and total closing costs based on your sale price and property type. The calculator provides a detailed breakdown so you can budget accurately. - Respond to the Email Quote or Call Us
Let us know you'd like to proceed. We'll need a copy of your Agreement of Purchase and Sale, and we'll send out our Retainer Agreement. - We Handle the Rest
Once you retain us, we take care of the legal work and keep you updated throughout the process. You'll know where things stand at every stage.
Contact Us
If you have questions about your home sale closing or any other real estate legal matter, we're here to help. As real estate law specialists, our mission is to provide the clarity and direction you need to protect your property rights.
Frequently Asked Questions (FAQ)
When should I hire a home sale lawyer?
As soon as you accept an offer on your property. Early involvement allows us to review your Agreement of Purchase and Sale, start the title clearance process, and contact your mortgage lender for discharge instructions before issues arise.
What happens if the buyer's financing falls through?
If the buyer included a financing condition in their offer and can't secure a mortgage, they can walk away and receive their deposit back. If the offer was firm or the financing condition expired, the buyer is legally obligated to complete the purchase — if they don't close, speak to your real estate lawyer to understand your entitlements.
Can I sell my home if I still have a mortgage?
Yes. Your existing mortgage is paid off from the sale proceeds on closing day. We coordinate with your lender to obtain the exact payoff amount, including any penalties, and arrange for the mortgage to be discharged when ownership transfers to the buyer.
Do I need to be present at closing?
No. You sign all required documents at your signing appointment (typically a few days before closing), and we handle the actual closing remotely. You don't need to be present when ownership transfers — we coordinate everything with the buyer's lawyer and release keys once title is registered.