Ontario real estate law FAQs

In practice, yes. Only a lawyer can complete the electronic registration that transfers ownership in Ontario, so every purchase and sale involves one. It is not a formality you can opt out of.

Reviews the agreement of purchase and sale, searches title to confirm ownership and find anything registered against the property, deals with the lender's instructions, prepares and registers the closing documents, calculates the adjustments, moves the funds, and reports to you afterwards. Most of it happens in the background.

As soon as your agreement is signed, and earlier if you want the agreement itself reviewed before you commit. A lawyer brought in during the final fortnight has less room to resolve anything that turns up.

Generally not. The two sides want different things, which is a conflict of interest, and the Law Society's rules restrict acting for both. There are narrow exceptions, but in the ordinary course each side has its own lawyer.

A one-time policy protecting against certain problems with a property's ownership: title fraud, errors in the public record, undiscovered liens, ownership disputes, boundary problems, and work done by a previous owner without permits. A title search cannot uncover everything, which is why most lenders require it and many owners choose it anyway.

Joint tenancy carries a right of survivorship, so on one owner's death their share passes automatically to the other. Tenants in common each hold a defined share that passes under their will instead. Couples commonly use the first and business partners or blended families often prefer the second, but it interacts with estate planning and tax, so it is worth a conversation before deciding.

Usually it gets resolved. Liens are typically paid from the seller's proceeds, registration errors are corrected, and missing documents are obtained. Found with time in hand, most defects are tasks rather than crises. Where one cannot be resolved, title insurance sometimes covers the consequence and occasionally a transaction does not complete.

Once conditions are satisfied the agreement is binding, and walking away is a breach of it. A buyer typically risks losing the deposit and may be liable for the seller's further losses, including any shortfall if the property later sells for less. A seller who refuses to close can be sued, and the buyer may be able to force the sale. Either situation needs advice quickly.

It depends on whether the problem was something the seller concealed or misrepresented, whether it was visible on inspection, and what the agreement said. Some situations give rise to a claim and many do not. Document what you have found, keep any correspondence, and get advice before spending money on repairs, because doing so can affect a claim.