Selling a Home
Practical legal advice and document preparation for sellers, including listing agreements, offers, title transfers, and closing support.
Selling a Home
Selling your house or condo isn’t just about finding the right buyer. There are important legal steps to complete before you hand over the keys. A lawyer helps protect your interests throughout the process and reduces the risk of costly delays at closing.
How a Real Estate Lawyer Helps Sellers
- Reviewing the Agreement of Purchase and Sale (APS): Before you sign, we check the contract to ensure it protects your interests and includes the correct closing, deposit, and condition provisions.
- Clearing Title Issues: Any liens, mortgages, or disputes must be identified and resolved before closing. We run title searches and work to remove encumbrances where possible.
- Preparing Closing Documents: We draft and finalize all paperwork required to transfer the property, including transfer/deed documents and statements of adjustments.
- Handling Closing Day: We coordinate with the buyer’s lawyer, your lender, and closing agents to make sure funds are received, mortgage discharges are completed, and the title is properly transferred.
Tip for first-time sellers
Involve a lawyer as soon as you receive an offer. Early legal advice can save you stress and reduce the risk of last-minute issues that delay closing.
What Happens When You Sell
Once you accept an offer, your lawyer reviews the Agreement of Purchase and Sale, deals with any conditions, and gathers what is needed to deliver clear title. If you have a mortgage, your lawyer arranges for it to be discharged from the sale proceeds. On closing day your lawyer prepares the statement of adjustments, receives the funds and sends you the balance.
If the Home Is a Matrimonial Home
Under Ontario's Family Law Act, a spouse generally cannot sell or mortgage a matrimonial home without the other spouse's consent or a court order, even if only one name is on title. A sale without the required consent can be void, and a buyer may be entitled to the deposit back. Tell your lawyer early if you are married or separated.
Tax and Other Questions
Whether the profit from your sale is taxable depends on your situation, such as whether the property was your principal residence. We can explain the legal side of the sale, and your accountant is the right person to ask about income tax.
Why We Help
Experienced legal guidance ensures that your sale proceeds smoothly — from negotiating unfavourable terms to ensuring all closing conditions are satisfied. Our team manages the legal checklist so you can focus on moving forward.