Buying a home in Ontario, your real estate lawyer quietly does a lot of the work that makes the home truly yours. Here is what that involves, in plain words: reading your agreement, searching the title, arranging title insurance, sorting out who owes what at closing, and moving the money on closing day. If you are new to how it all works here, this is the part that ties everything together.
Near the end of a purchase, once your offer is firm, a lot of quiet, important work happens before you get the keys, and your real estate lawyer is the one who handles it. You may only meet them once or twice, but they are the person who makes sure the home is really yours, free and clear, on closing day. Here is what that job actually involves.
The first thing your lawyer does is review your Agreement of Purchase and Sale, the APS, which is the contract you and the seller signed. They check the dates, the deposit, the conditions, and anything that was written in by hand, so that what you agreed to is what actually gets carried out. If something in it needs attention, you want to hear about it now, not on closing day.
Next they search the title. Title is simply the legal record of who owns the property, and whether anyone else has a claim on it. Your lawyer digs into that record to confirm the seller truly owns the home and has the right to sell it, and to catch two things in particular: liens and easements.
A lien is a debt registered against the property, for example unpaid taxes or an unpaid contractor. It follows the home rather than the person, so you want any lien cleared before the property becomes yours.
An easement is a right someone else has over part of the property, like a shared driveway a neighbour is allowed to use, or a strip the city can reach for a utility. It is not always a problem, but you want to know about it before you buy.
Your lawyer also arranges title insurance for you. This is a one-time policy that protects you against title defects and against fraud, the kinds of problems a title search cannot always surface on its own.
Title insurance protects you if something wrong with the title turns up later, or if someone tries to claim or fraudulently transfer your property. You pay once, and the coverage stays with you for as long as you own the home.
Picture this. Months after closing, an old lien that nobody caught surfaces against the property, or someone files a fraudulent claim pretending to have a stake in your home. With title insurance in place, the insurer steps in to sort it out, so it does not quietly become the buyer's problem to pay for or fight alone.
Close to the finish, your lawyer prepares the Statement of Adjustments. This is the final tally of who owes what at closing. Most of it is the purchase price and your deposit, but it also settles the smaller items that need to be split fairly between you and the seller.
The common example is property tax. If the seller already paid the property tax for a period that runs past your closing date, they have effectively prepaid for days when you will own the home, so you reimburse them for that share. The Statement of Adjustments works all of this out to the dollar, so the amount of cash you need to bring to closing is exact.
The Statement of Adjustments is the math for closing day: the price, your deposit, and any costs prepaid or owed by either side, added up into one final number, the cash you actually need to close.
On closing day, your lawyer registers the transfer of ownership electronically through Teraview, Ontario's online land registration system, and exchanges the funds with the seller's lawyer. Once that is done, the home is legally yours and the keys are released to you.
Have a question while you read? I am one message away.
Enter your name and email and your PDF copy is ready to save, handy to take to your accountant or lawyer. This guide is free to read here, always. The download is just nice to have.
Your copy is ready. Tap below to save it as a PDF, then take it to your accountant or lawyer.