BUYER Real Estate Legal Guide

Top 10 buyer questions for lawyers


1) What does my real estate lawyer actually do?

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  • Reviews your Agreement of Purchase and Sale and amendments

  • Checks title and legal searches

  • Prepares closing documents

  • Receives mortgage funds and closing funds

  • Registers the transfer and mortgage

  • Confirms legal closing so keys can be released

  • For a straightforward Ontario purchase, a realistic budget is about $1,000 to $2,500 in legal fees, plus HST and disbursements; for Sarnia-Lambton, that is the safest working range unless your lawyer gives you a specific flat quote.

Quick tips

  • Hire your lawyer right after your offer is accepted

  • Send the full deal paperwork early

  • Ask who your actual contact person is in the office


2) When should I hire a lawyer?

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  • As soon as your offer is accepted

  • Even faster if it is:

    • a condo

    • an estate sale

    • a private sale

    • tenanted

    • power of attorney

    • anything unusual or messy

Quick tips

  • Do not wait until closing week

  • Last-minute legal panic is not a strategy

  • Ask what documents they need from you right away


3) What is title insurance, and do I need it?

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  • Usually a one-time closing cost

  • Can help protect against:

    • title defects

    • fraud

    • registration errors

    • some encroachments

    • some lien-related issues

  • It does not replace every legal search

  • It does not cover every possible problem

  • Current TitlePLUS Ontario premiums show:

    • resale house, over $200,000 to $500,000: $385.74 plus 8% PST = about $416.60

    • new house, over $200,000 to $500,000: $338.89 plus 8% PST = about $366.00

    • resale condo, over $200,000 to $500,000: $195.00 plus 8% PST = about $210.60

Quick tips

  • Ask what it covers

  • Ask what it does not cover

  • Keep a copy of the policy after closing


4) What does my lawyer check before closing?

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  • Title and ownership issues

  • Registered charges

  • Needed searches for that property

  • Property tax issues

  • Condo documents if applicable

  • Other legal problems affecting ownership or use

Quick tips

  • Ask what searches are being done for this property

  • Septic, well, condo, rural, estate, or tenant properties need more attention

  • Not every deal needs the exact same legal checks


5) What closing costs do I pay as a buyer?

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Usually:

  • legal fees: about $1,000 to $2,500

  • HST on legal fees

  • disbursements: the only public Lambton reference I found is an older local estimate of about $200 to $300, but purchases can run higher depending on searches and registrations

  • title insurance: often about $200 to $500, and roughly $416.60 for a typical resale house in the $200K–$500K range

  • land transfer tax

  • adjustments such as prepaid taxes, condo fees, fuel, or utilities if applicable

Quick tips

  • Ask for the full estimate early

  • Keep extra money aside

  • Closing day has a nasty habit of adding surprise math


6) How does land transfer tax work, and what is the first-time home buyer rebate?

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Ontario land transfer tax is charged in brackets:

  • 0.5% on the first $55,000

  • 1.0% on $55,000 to $250,000

  • 1.5% on $250,000 to $400,000

  • 2.0% on $400,000 to $2,000,000

  • 2.5% on the amount over $2,000,000 for qualifying one- or two-family residential property

For first-time buyers:

  • eligible buyers can get a refund of up to $4,000

  • that means no Ontario land transfer tax on the first $368,000 if you fully qualify

At the current Sarnia-Lambton average sale price of $421,186, Ontario land transfer tax is about $4,898.72.
If that buyer fully qualifies for the first-time home buyer rebate, the net provincial land transfer tax would be about $898.72 after the maximum $4,000 refund. The current year-to-date average price is $447,562, which would mean about $5,426.24 in Ontario land transfer tax before any rebate.

Quick tips

  • Ask your lawyer before closing if you qualify

  • Do not assume every first-time buyer qualifies automatically

  • This rebate is one of the few times Ontario gives you money back instead of taking it first


7) Can I get my deposit back if the deal falls apart?

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  • Only if the contract allows it

  • In resale deals, it usually depends on:

    • your conditions

    • your deadlines

    • the wording in the agreement

  • In regular resale, changing your mind is usually not enough

  • Condo purchases have extra legal protections in some cases, including status review and, for some new condo purchases, a cooling-off period

Quick tips

  • Make conditions clear

  • Know your deadlines

  • Get legal review fast on builder or unusual contracts


8) What is a status certificate for a condo?

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It can show:

  • financial health of the condo corporation

  • reserve fund issues

  • special assessments

  • legal claims or judgments

  • common expense information

  • rules and restrictions

Quick tips

  • Never waive review casually

  • Ask your lawyer to flag financial risk and rule restrictions

  • Check pets, rentals, parking, and renovation rules carefully


9) When do I get the keys?

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  • Usually on closing day

  • Only after legal closing is completed

  • That means funds, documents, and registration have to be done first

Quick tips

  • Do not book movers with zero buffer

  • Expect some waiting on closing day

  • Keys are released after legal completion, not wishful thinking


10) What if I am buying in a special situation?

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Extra legal review is smart if:

  • a corporation is buying

  • there is a trust

  • someone signs under power of attorney

  • title is unusual

  • the property has legal complications

Quick tips

  • Tell your lawyer early

  • Special situations usually mean extra paperwork

  • “We’ll sort it out later” is how deals get ugly fast

Nov 14, 2025