Questions to ask real estate attorney are really questions to ask an Ontario real estate lawyer when buying a house or condo: what the Agreement of Purchase and Sale means, what could affect title, how much money is needed, and what could delay closing. In Canada, “attorney” and “solicitor” may be used in searches, but the professional who handles an Ontario purchase is generally called a real estate lawyer.
Bring your signed or proposed agreement, MLS listing, financing information and any condo documents to the conversation. A lawyer can explain the legal work involved in your purchase and help you identify decisions that need attention before a deadline passes. Our legal services for real estate cover the legal steps involved in Ontario property transactions.
Questions to ask a real estate lawyer when buying a house or condo in Ontario
The most important questions are whether you can still change the deal, what the lawyer will review, what money is due before closing, and what could stop registration. Ask them early, ideally before making an unconditional offer or immediately after an agreement is accepted.
- Can you review the Agreement of Purchase and Sale before I sign it?
- What conditions, deadlines and notices do I need to meet?
- What is included in the purchase, and are any items excluded or rented?
- Where will the deposit be held, and when could it be at risk?
- What will the title search and title insurance cover?
- What will I need from my lender, insurer and mortgage broker?
- What costs and adjustments should I expect on the statement of adjustments?
- If there is a problem, who will communicate with the seller, lender and real estate agents?
Ask these questions before you sign the offer
Before you sign, ask the lawyer to identify terms that become binding immediately, including conditions, deadlines, deposit instructions, chattels and fixtures, and unusual clauses. A signed Agreement of Purchase and Sale is not simply a description of the home; it sets out the parties’ legal obligations and the closing date.
Send the complete draft or signed agreement, schedules, amendments, listing and any seller disclosures. Ask whether a financing, inspection, status-certificate or sale-of-property condition is appropriate for your circumstances, what must be done to satisfy it, and how written notice must be delivered before the deadline.
Also ask about items that are easy to assume will remain. For example, if a wall-mounted television, hot-water tank, furnace, alarm system or solar equipment is important to you, ask whether it is included, rented, financed or subject to a contract that must be assumed or discharged.
For example, a buyer offering $850,000 for a freehold home with a five-business-day financing condition should ask exactly when the condition expires, whether the deposit must be delivered before then, and whether the lender has reviewed the property as well as the buyer’s income. If the condition is waived without financing being firmly available, the buyer may still be required to complete the purchase on the closing date.
What will you check on title and the property?
Ask what the lawyer’s title search will reveal, what registered interests need follow-up, whether title insurance is recommended, and how any issue will be reported to you. Your lawyer generally searches the electronic land registration records and reviews the seller’s ability to transfer the interest promised in the agreement.
Title review can identify matters such as registered mortgages, easements, rights-of-way, restrictive covenants, executions or notices that may require investigation. Not every registered item is a defect: a utility easement, for example, may be expected, while an unexpected right of way across a driveway may require a closer look.
Ask these practical questions:
- Are there registered interests that will remain after closing?
- Will the seller’s mortgage be discharged from title?
- Does anything on title conflict with the property’s use or access?
- What risks does title insurance address, and what does it not cover?
- If a title issue appears, what options are available before closing?
Title insurance is commonly considered in Ontario purchases, but it is not a substitute for understanding the property or for a home inspection. Ask for the premium, the coverage and any exclusions before deciding whether to obtain it.
What should I ask about my mortgage, insurance, and money before closing?
Ask when the lawyer needs mortgage instructions, proof of insurance and your balance of funds, and ask what happens if financing or another condition remains unresolved. The lender usually sends instructions directly to the lawyer, but the buyer remains responsible for meeting the lender’s requirements and providing money needed to close.
Ask your lawyer and mortgage broker whether the lender needs an appraisal, updated income documents, proof of property insurance or confirmation of condo details. Do not assume a pre-approval is the same as final approval for a particular property.
Ask where the deposit will be held. In an Ontario resale transaction, the agreement commonly provides for a deposit held in the listing brokerage’s trust account; in some transactions, it may be held in a lawyer’s trust account. This is not an escrow company arrangement. Ask for the written deposit terms, the deadline for delivery and the consequences of failing to deliver it.
Your lawyer will also tell you how and when to provide the balance of funds. Buyers should not send money based solely on an unexpected email or changed banking instructions; confirm instructions using a trusted telephone number for the law office.
Which costs will be on my final statement?
Ask for an estimate that separates legal fees and disbursements from taxes, insurance, lender costs and adjustments. The final statement of adjustments shows how items paid or payable by one party are apportioned between buyer and seller as of the closing date.
| Cost or item | Question to ask |
|---|---|
| Legal fees and disbursements | What work is included, what third-party charges may apply, and what work is outside the expected scope? |
| Land Transfer Tax | Is provincial Land Transfer Tax payable, and is a municipal land transfer tax also payable for this property? |
| Title insurance | Is it recommended, what is the one-time premium, and what coverage will I receive? |
| Adjustments | Will I reimburse the seller for prepaid property taxes, condominium fees, fuel or other agreed items? |
| Harmonized Sales Tax | Does Harmonized Sales Tax apply to any part of this purchase, particularly if it is new construction or a rental/investment property? |
| Lender and insurance requirements | Are there appraisal, mortgage-discharge, insurance or lender-administration costs I should budget for? |
Land Transfer Tax is governed by Ontario’s Land Transfer Tax Act, and a separate Toronto Municipal Land Transfer Tax may apply to properties in Toronto. Ask about available rebates rather than assuming one applies. You can also ask whether the Law Society Transaction Levy appears as a disbursement and whether HST applies to legal services.
For example, a buyer purchasing a $700,000 Toronto condominium should ask for an estimate that separately shows the purchase price, deposit credit, applicable land transfer taxes, legal costs, title insurance if chosen, condominium-fee and property-tax adjustments, and the mortgage advance. The amount to bring to closing is the total due after credits and lender funds are accounted for, not simply the down payment.
Extra questions to ask when buying a condo
When buying a condominium, ask what documents should be obtained or reviewed and whether they disclose fees, rules, reserve-fund information, litigation or potential special assessments. A condominium corporation, not an HOA, manages the common elements and operates under Ontario condominium law.
Ask whether there is a current status certificate and what it says about the unit’s common-expense arrears, the condominium corporation’s financial position, insurance, rules and any known special assessment. Also ask about restrictions that may matter to you, such as pets, parking, storage lockers, short-term rentals, renovations or use of amenities.
For example, a buyer considering a $620,000 downtown condo with monthly common expenses of $640 should ask whether the fee includes utilities, whether the parking space is owned or exclusive-use, and whether planned building work could increase costs. A low monthly fee does not by itself establish that the reserve fund is adequate.
What happens on closing day, and what could delay it?
Ask who will contact you, when you will receive final figures and sign documents, how funds and registration are handled, and when keys can be released. On closing, the lawyers coordinate documents, funds, electronic registration and communications with the lender, seller’s lawyer and real estate agents.
Delays can arise from missing mortgage instructions, insufficient funds, insurance issues, a title problem, an unsigned document or a problem with a seller’s discharge. Ask your lawyer what information they need from you before closing and whom to call immediately if your financing, employment, insurance or ability to provide funds changes.
If a problem threatens closing, ask what options are available under the agreement, what notices must be given and whether the other side has proposed an extension. Do not rely on an informal assurance that a delay is acceptable; changes to the agreement should be documented properly.
Do I need a home inspection before buying?
A lawyer does not replace a qualified home inspector, and an inspection concern must be considered in light of your agreement’s conditions and deadlines. Ask whether an inspection condition permits you to investigate the concern or end the deal, and provide the lawyer with any amendment you are asked to sign.
An inspection may reveal physical issues that a title search will not show, such as moisture intrusion, roof wear, electrical concerns or aging mechanical systems. If you are already bound by an unconditional agreement, ask what legal options exist before committing to repairs or requesting a price change.
Questions about choosing and retaining the lawyer
Ask who will handle your file, how communications work, what experience the team has with your type of transaction, and what the fee quote includes or excludes. You should also ask about conflicts of interest, particularly if someone suggests one lawyer act for more than one party.
The Law Society of Ontario’s Rules of Professional Conduct regulate lawyers’ duties, including duties concerning conflicts and client communication. Ask for clear written information about the retainer, expected disbursements, HST, the Law Society Transaction Levy where applicable, and work that could result in additional charges.
For a fuller hiring checklist, see these questions to ask when hiring a real estate lawyer. If you are unsure when to involve counsel, read when do you need a real estate lawyer.
FAQ about asking a solicitor or lawyer when buying a house
What should I ask a solicitor when buying a house?
Ask the solicitor to explain your agreement, conditions, title search, mortgage requirements, closing funds and statement of adjustments. In Ontario, “solicitor” can refer to a lawyer who handles transaction work, but “real estate lawyer” is the more common term for a home purchase.
What are the main things to ask when buying a house?
Ask what you are buying, what must happen before closing, what it will cost beyond the purchase price, and what could go wrong if a condition or closing obligation is missed. Questions to ask closing attorney searches usually seek the same information; in Ontario, ask your real estate lawyer about the statement of adjustments, registration and release of keys.
Do I need a lawyer to buy a house in Ontario?
A lawyer is needed to complete the legal transfer and electronic registration of an Ontario home purchase. A attorney for buying a home is more commonly described here as a real estate lawyer; that lawyer reviews legal documents, handles closing funds and registers the transfer.
When should I contact the lawyer?
Contact the lawyer before signing where possible, or as soon as an offer is accepted so there is time to review deadlines and collect documents. Buyers who need broader support on either side of a transaction can also learn about a residential sale and purchase lawyer.
Can Legal Aid Ontario help with a home purchase?
Legal Aid Ontario does not ordinarily fund routine residential purchase conveyancing. If cost is a concern, ask a law office for a written explanation of its retainer, expected disbursements and payment timing before you retain it.
Speak with a Toronto real estate lawyer
Getting legal advice early can help you understand the agreement, deadlines, title issues and closing funds before they become urgent. We can discuss the legal steps involved in your house or condominium purchase.
Call 416-321-8766 or request a quote to discuss your matter with Zinati Kay.