Real Estate Legal Guide-SELLER

For Sellers

1) What does my lawyer do when I sell?

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  • Reviews the deal and amendments

  • Prepares seller closing documents

  • Handles title and payout issues

  • Arranges mortgage discharge

  • Receives sale proceeds

  • Pays out amounts owing from closing funds

  • Finalizes legal transfer to the buyer

  • For a straightforward Ontario sale, a realistic legal fee range is about $1,000 to $1,600, plus HST and disbursements; one Sarnia office advertising transparent pricing publicly shows $999 plus taxes for a sale, which tells you the lower end is possible but not guaranteed everywhere.

Quick tips

  • Send the full deal package right away

  • Mention mortgages, LOCs, tenants, estate issues, or title problems early

  • Ask for a net proceeds estimate before closing


2) When should a seller hire a lawyer?

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  • Right after the property is sold

  • Sooner if the sale involves:

    • tenants

    • separation

    • estate matters

    • corporation ownership

    • power of attorney

    • title problems

Quick tips

  • The earlier the lawyer sees it, the better

  • Do not wait for a problem to appear

  • Problems love a last-minute entrance


3) What documents and information does my lawyer need?

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Usually:

  • Agreement of Purchase and Sale and amendments

  • government ID

  • mortgage details

  • property tax details

  • condo information if applicable

  • tenancy documents if rented

  • estate or corporate documents if applicable

Quick tips

  • Mention name changes or ownership issues early

  • If tenanted, send the lease and rent details

  • Clean paperwork saves headaches


4) What gets paid out of my sale proceeds?

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Common payouts:

  • mortgage balance

  • mortgage discharge fees

  • registered line of credit on title

  • legal fees and disbursements

  • HST on legal fees

  • real estate commission

  • adjustments owing

For budgeting:

  • legal fees: roughly $1,000 to $1,600 is a realistic Ontario seller range

  • HST gets added on top

  • disbursements: the older public Lambton reference is about $200 to $300 on a sale

  • practical seller legal bill for a straightforward deal is often around $1,300 to $2,100, before any mortgage penalty or lender-specific discharge costs

Quick tips

  • Ask for a net sheet before closing

  • Do not assume your bank balance math is correct

  • Registered LOCs can sit on title quietly and be annoying later


5) Do I need to leave the home empty and in the same condition?

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  • Usually yes, unless the agreement says otherwise

  • Included items stay

  • Excluded items go

  • The home should be left in the agreed condition on closing

Quick tips

  • Leave it broom-swept!

  • Do not swap fixtures after signing

  • Take photos after move-out


6) What is a statement of adjustments?

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It is the closing math sheet showing credits and charges, such as:

  • property taxes

  • condo fees

  • rent

  • fuel

  • deposits

  • agreed credits or holdbacks

Quick tips

  • Review every line

  • Make sure the deposit and credits match the contract

  • Tiny math mistakes become loud problems fast


7) What happens to my mortgage when I sell?

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  • Your mortgage is usually paid out from sale proceeds on closing

  • The lender provides a payout statement

  • There may be discharge fees

  • There may be a prepayment penalty depending on your mortgage terms

  • There is no standard mortgage discharge fee list; this part depends on your lender and mortgage product, not your lawyer’s mood that day

Quick tips

  • Ask your lender for an estimate early

  • Payout is not always the same as current balance

  • Mortgage penalties have a talent for ruining a good mood


8) Do I pay capital gains tax when I sell?

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  • Maybe

  • If the property was solely your principal residence for every year you owned it, the gain is usually exempt

  • If it was a rental, partly rented, or not your principal residence for all years, tax may apply

Quick tips

  • Ask your accountant early

  • Keep renovation and purchase records

  • This is not a guess-and-hope category


9) What if I am selling an estate property?

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  • The person signing must have legal authority to sell

  • Estate documents may be needed

  • Some estate sales need probate or an estate certificate before closing can move ahead

Quick tips

  • Confirm signing authority before accepting an offer

  • Family agreement is not the same as legal authority

  • Estate files usually need more time and more paper


10) When do I hand over the keys?

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  • On closing day, but usually you hand them to your lawyer a day in advance and leave the rest on the kitchen counter when you leave the house.

  • Buyer gets them Only after the deal is legally completed

  • Not early

  • Not because the buyer is already parked outside like they own the place

Quick tips

  • Be fully out on closing day (before noon!!) unless the agreement says otherwise

  • Leave all keys, remotes, fobs, and codes

  • Do one final walkthrough before leaving

Mar 04, 2026