Questions to ask when hiring a real estate lawyer should go beyond the quoted legal fee. Before you retain an Ontario lawyer, ask about relevant experience, who will handle your file, what the quote covers, how urgent issues are communicated, and what work will be completed before closing.
A purchase, sale, refinance or title transfer can have a short timeline, particularly once an Agreement of Purchase and Sale is signed. The right questions help you compare firms on the work that matters to your transaction, not simply on a headline price. Our real estate legal services cover a range of Ontario property matters, but the scope and documents required always depend on the particular file.
Questions to ask when hiring a real estate lawyer in Ontario
Ask whether the lawyer regularly handles your type of transaction, what the lawyer and support team will do, how costs are presented, and how you can reach the firm if a closing issue arises. A useful initial conversation should leave you with a clear next step, a document list and an understanding of the important dates.
Start with this practical checklist:
- Do you regularly handle purchases, sales, refinances or transfers like mine?
- What documents and risks do you expect to review on this file?
- Which lawyer is responsible for my matter, and who is my day-to-day contact?
- What is included in the legal fee, and what charges are separate?
- How do you communicate document requests, approaching deadlines and urgent closing-day issues?
- What should I send now, and are there dates I should not miss?
These real estate law questions are particularly important if a financing condition is still open, the closing date is near, the property is a condominium, or ownership will not be straightforward.
Does the lawyer handle transactions like mine?
Choose a lawyer who regularly handles your transaction type and can identify the documents and risks they expect to review. Experience with Ontario conveyancing is more useful than a general assurance that the firm handles “real estate.”
Ask questions tailored to the file. For a resale purchase or sale, ask about the Agreement of Purchase and Sale, title issues, mortgage payout or financing requirements, and adjustments. For a refinance, ask how lender instructions, existing mortgage discharge and timing will be managed. If you are looking for a real estate lawyer King City property owners can use, the same questions apply: the lawyer should understand the Ontario process and the facts of the particular property.
For a condominium, ask whether the lawyer will review the status certificate and identify concerns in the condominium corporation’s financial or legal information. For a pre-construction home or condo, ask about the builder’s agreement, amendments, occupancy or closing stages, assignment restrictions and the role of Tarion. For an estate, title transfer, private loan or co-ownership issue, ask what additional approvals, estate documents, lender requirements or ownership instructions may be needed.
For example, a buyer purchasing an $850,000 resale condominium with a 5% deposit of $42,500 held in trust should ask whether the status certificate has been obtained, whether the financing deadline is still available, and which closing costs will be confirmed before funds are requested. A lawyer cannot remove every risk in a purchase, but clear questions early make it easier to identify matters requiring attention before the transaction becomes binding or closes.
What will the lawyer check before closing?
Ask the lawyer to explain the pre-closing review and how any problem will be reported to you. The precise work depends on the transaction, but an Ontario lawyer should be able to describe the principal searches, documents and approvals relevant to your file.
On a typical purchase, that may include reviewing the Agreement of Purchase and Sale and amendments, searching title, conducting execution searches, reviewing mortgage-lender instructions, and preparing or reviewing the statement of adjustments. The lawyer may also address property-tax adjustments, review title insurance options where appropriate, obtain closing documents, and arrange electronic registration of the transfer and mortgage where required.
On a sale, the work commonly includes reviewing the agreement, responding to the purchaser’s requisitions, arranging a mortgage discharge or payout, preparing closing documents and accounting for the sale proceeds. A residential sale and purchase lawyer can explain which of these tasks apply to your file and which information must come from you, your lender, broker or condominium corporation.
Ask what happens if the search reveals an issue, such as an old registration, a name discrepancy, an execution, a missing discharge or a problem with title. You should also ask who will contact you and whether the issue could affect the closing date or funds required.
Who will handle my file and how will I reach them?
A real estate file may be supported by law clerks and administrative staff, but you should know the lawyer responsible for it, your main contact and the route for escalating an urgent concern. Ask this before retaining the firm, not when a deadline is imminent.
Clarify how the firm prefers to communicate, how signing appointments are arranged, how identification and banking information are handled, and how you will receive requests for documents or funds. Ask when you can speak with the responsible lawyer, what to do if you receive a last-minute request from a lender or real estate agent, and how the firm handles closing-day availability.
It is also sensible to ask how the firm protects against fraud when instructions involve money or banking details. Confirm important changes using the contact information you independently verified, rather than relying only on an unexpected email or text message.
What is included in the fee quote?
Obtain a written quote that separates the legal fee from HST, disbursements, registration charges, title insurance, land transfer tax and transaction-specific third-party costs. A low advertised legal fee is not the same thing as the total cash required to close.
Ask which expenses are estimates, which are paid to third parties, and what work may fall outside the ordinary scope. Depending on the file, additional work can arise from private financing, a rush closing, a title defect, estate documents, corporation ownership, an assignment, a non-resident seller or an unusual lender requirement. A real estate transaction lawyer should be able to explain the assumptions behind a quote before you retain the firm.
Purchasers should separately budget for the purchase price balance, their deposit credit, Ontario land transfer tax and, for Toronto properties, Toronto Municipal Land Transfer Tax where applicable. Consider a $900,000 Toronto purchase closing on July 1 where the seller has already paid $1,200 in annual property taxes: if the buyer is responsible for the 184 days remaining in a 365-day year, the tax adjustment would be about $605 ($1,200 × 184 ÷ 365), subject to the statement of adjustments and the contract terms.
For a broader explanation of transaction costs and the closing process, read our what does a real estate lawyer do Ontario article.
Can the lawyer explain what happens on closing day?
An Ontario lawyer should be able to explain how closing documents, funds, registration and key release are coordinated. You should understand what must happen before you can receive keys or sale proceeds, and whom to call if something does not proceed as expected.
Before closing, the lawyers prepare the financial accounting in the statement of adjustments and confirm the funds required. On closing day, the lawyers exchange closing documents and funds, complete the necessary electronic registrations, and communicate completion so that keys can be released through the arrangements made for the transaction.
Ask how the firm handles a delayed wire, missing mortgage funds, a registration problem or a last-minute title concern. The answer should identify the communication path and explain that timing can depend on the lender, the other lawyer and the specific issue.
Is the lawyer authorized to practise in Ontario?
Verify the lawyer through the Law Society of Ontario directory and ask about conflicts of interest before you retain the firm. A referral, online review or marketing statement does not replace checking the lawyer’s Ontario status yourself.
Tell the lawyer who else is involved in the transaction, including a spouse, co-owner, family member, lender, seller, buyer or corporation. The lawyer can then determine whether a conflict of interest affects whether the firm can act and whether separate legal advice may be needed.
What should I bring to the first call?
Send the signed Agreement of Purchase and Sale, all amendments, the closing date, identification and lender or mortgage-broker details as soon as possible. Also disclose facts that could affect title, ownership or closing, even if they seem unrelated.
Useful information includes the names of all buyers or sellers, whether anyone will be added or removed from title, the source of closing funds, an existing mortgage, a private loan, a separation or estate issue, and condominium documents already received. Ask what else the firm needs, how it should be delivered and when, so concerns can be raised before a condition or closing deadline passes.
Questions to ask a lawyer when buying a house or condo
Purchasers should ask about conditions, financing, title and title insurance, the documents to be reviewed, condominium status-certificate issues and the funds required before closing. For a condo, also ask whether there are concerns in the status certificate, budget or pending special assessments; for a house, ask what title and property-related information will be reviewed.
Use our fuller checklist of questions to ask lawyer before you sign or while your conditions are still being considered.
FAQ: choosing a real estate lawyer
What questions should I ask when hiring a lawyer?
Ask what type of matters the lawyer regularly handles, who will be responsible for your file, what the written quote includes, what documents are needed and how urgent concerns are escalated. For additional hiring considerations and potential warning signs, see how to hire a lawyer.
What questions should I ask a real estate attorney before hiring?
In Ontario, the usual term is real estate lawyer. Ask whether the lawyer handles your exact transaction type, what will be reviewed before closing, how title and lender issues are addressed, and how costs and communication will be managed. If you are deciding when to start that conversation, read when to hire a real estate lawyer.
How much does a real estate lawyer cost in Ontario?
Costs vary with the transaction and the work required, so ask for a written estimate rather than relying on a single advertised figure. Compare the legal fee, HST, disbursements, registration charges, title insurance, taxes and any work that may be billed separately.
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Speak with a Toronto real estate lawyer
Asking the right questions early can help you understand the work, documents, costs and deadlines involved in your Ontario property transaction before closing pressures increase.
Call 416-321-8766 or request a quote to discuss your matter with Zinati Kay.