FAQ
Residential Purchase
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As soon as your Agreement of Purchase and Sale (APS) has been accepted. Early communication lets your lawyer review the transaction, flag potential issues, and prepare everything well before closing. We recommend sending your APS, mortgage broker/lender information, realtor contact details, and ID as soon as possible.
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Your lawyer manages the legal side of your purchase, including:
Reviewing the Agreement of Purchase and Sale and related documents
Conducting title searches and reviewing property information
Confirming ownership and registered interests affecting the property
Preparing and reviewing closing documents
Coordinating with your lender and mortgage broker
Arranging title insurance (where applicable)
Registering the transfer of ownership and mortgage
Completing financial adjustments and closing statements
Ensuring funds transfer and the transaction closes properly
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Your realtor helps you find and negotiate the property — viewing homes, negotiating price and terms, and preparing the APS. Your lawyer takes over the legal side — reviewing documents, investigating title, and completing the transfer of ownership. Your lawyer doesn't inspect the property, negotiate price, or advise on the home's physical condition.
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A copy of the signed Agreement of Purchase and Sale
Your realtor's contact information
Your mortgage broker/lender information
Government-issued identification
Your current address
Contact information for all purchasers
Details of your intended use of the property
Providing this promptly helps avoid delays.
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Title insurance protects you and your lender against certain title-related risks — unknown title defects, fraud or forgery, registration errors, and some zoning or permit issues. Most lenders require it as a condition of financing. Your lawyer will discuss your options and arrange it if appropriate.
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No. Purchasers are responsible for their own due diligence before signing the APS — home inspections, reviewing renovations and permits, and confirming the property meets their expectations. The legal closing process doesn't replace a home inspection.
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Your lawyer will search title, review the seller's registration details, prepare closing documents, receive mortgage instructions from your lender, calculate the funds required, arrange document signing, and coordinate with the seller's lawyer. You'll receive a Statement of Adjustments showing the final amount required from you before closing.
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This depends on your purchase price, deposit already paid, mortgage financing, adjustments for taxes/utilities/condo fees, legal fees and disbursements, title insurance costs, and Land Transfer Tax. Your lawyer will provide a final Statement of Adjustments and Trust Ledger showing exactly what's needed.
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In advance of your closing date, to allow time for verification and processing. Personal cheques are generally not accepted — your lawyer's office will provide instructions for acceptable payment methods.
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Typically once purchase funds have been transferred to the seller's lawyer, the transfer and mortgage documents have been registered, and the transaction has officially closed. Your realtor usually coordinates key pickup once closing is confirmed. Timing can vary depending on the Land Registry system, lender requirements, and other parties involved.
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Yes, provided the transaction closes successfully — but avoid scheduling movers too early in the day, as delays can occur. We recommend building flexibility into your moving plans, since registration and fund transfers are outside your lawyer's direct control.
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Closings involve coordination between buyers, sellers, lawyers, lenders, title insurers, and the Land Registry system. Your lawyer will work diligently to complete the transaction, but some delays can occur due to circumstances beyond anyone's control.
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Confirm closing has occurred with your realtor/lawyer
Obtain keys and access information
Arrange utilities and insurance
Change locks for security
Confirm property condition as permitted under your APS
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Yes. Your lender will generally require proof of insurance before advancing mortgage funds. Arrange this early and provide your lawyer with the details.
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Your lawyer confirms registration of ownership and mortgage, provides final reporting documents, delivers copies of relevant paperwork, and updates you on any remaining items. Keep all closing documents for your records.
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Your lawyer can advise on legal matters related to your transaction, but not on renovation costs, market value, resale value, or construction quality — for these, consult the appropriate professionals.
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Failing to close can have serious legal and financial consequences. If you anticipate any issues with financing, funds, or closing requirements, contact your lawyer immediately — they may be able to communicate with the relevant parties and advise on your options.
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As soon as your Agreement of Purchase and Sale (APS) has been signed. This lets us review the terms, flag potential issues, request mortgage payout information, prepare closing documents, and coordinate with the purchaser's lawyer early.
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A copy of the signed Agreement of Purchase and Sale
Your realtor's contact information
Your current mailing address
Government-issued identification
Mortgage lender information (if applicable)
Details of any secured loans or registered debts against the property
Delays in providing this information may affect your ability to close on time.
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Your lawyer handles the legal completion of your sale — reviewing the APS, preparing closing documents, confirming title, obtaining mortgage payout statements, paying out mortgages and registered debts from sale proceeds, preparing the Statement of Adjustments, coordinating with the purchaser's lawyer, completing the transfer of ownership, and providing your final sale reporting.
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Your realtor markets your property, advises on market conditions, negotiates offers, prepares the APS, coordinates showings, and assists with possession and key arrangements. Your realtor handles the sale process; your lawyer handles the legal closing.
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Your lawyer prepares a Sale Proceeds Statement based on credits (sale price, deposit received) minus deductions (mortgage payouts, real estate commissions, legal fees and disbursements, property tax or condo adjustments, and other registered debts). The final amount may change until all closing details are confirmed.
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It's paid out as part of the sale. We'll request a payout statement from your lender and use the sale proceeds to cover the balance. Note that payout amounts can change daily, your lender may charge discharge or administrative fees, and early payout penalties may apply depending on your mortgage terms. If proceeds aren't sufficient to cover all debts, you may need to provide additional funds before closing.
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After the purchaser's lawyer has delivered the purchase funds, the transfer has been registered, mortgages and registered debts have been paid, and all closing adjustments are finalized. Timing can vary depending on registration, lender processing, and banking procedures.
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Many sale documents can be completed electronically or through virtual signing — we'll advise which documents require your signature and provide instructions. All sellers on title must be available to sign as required.
Residential Sale
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Remove all personal belongings unless otherwise agreed
Leave items included in the Agreement of Purchase and Sale
Ensure the property is in the required condition
Provide keys, garage remotes, and access devices as required
Keep utilities active until closing is complete
Arrange your move-out timeline
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Generally, whatever's specified in your Agreement of Purchase and Sale. Your lawyer doesn't inspect the property before closing or confirm its physical condition — questions about cleaning, repairs, or maintenance should go to your realtor.
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Once ownership has transferred, our office may communicate with the purchaser's lawyer where appropriate. However, a standard closing retainer doesn't include extended negotiations, settlement discussions, multiple follow-ups, defending claims, or court proceedings — further legal services would require a separate retainer.
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Our standard retainer includes limited post-closing assistance — typically one communication to the other lawyer regarding a closing-related concern. If unresolved, further action may require independent legal advice, a formal demand letter, or a court proceeding.
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No. A real estate lawyer can't compel another party to respond, accept responsibility, provide compensation, or complete repairs. Unresolved disputes may require formal legal remedies.
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Contact our office immediately if you anticipate any issues — difficulty obtaining mortgage payouts, title issues, delays in vacating the property, or trouble obtaining required documents. Early communication helps us resolve things before closing.
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A standard sale retainer covers completing the transaction. It doesn't include negotiating changes after the APS is signed, property condition disputes, extended post-closing disputes, demand letters beyond the included correspondence, or litigation.
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Your final Statement of Adjustments, sale reporting documents, mortgage discharge confirmation, closing correspondence, and tax-related records — these may be needed for future reference.
Mortgage Refinance
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Replacing your existing mortgage with a new one registered against your property — often to access equity, consolidate higher-interest debts, complete renovations, change lenders or terms, adjust who's on title, or restructure your finances. Your lender determines whether you qualify.
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As soon as your lender has approved your refinance and provided mortgage instructions. This lets us review lender requirements, conduct title searches, obtain payout information, flag potential issues, and prepare documents in advance.
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Mortgage instructions or lender information
Broker contact information (if applicable)
Government-issued identification
Current address
Contact information for all borrowers on title
Details of existing mortgages or secured debts
Information on any debts being paid out
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Reviewing lender instructions, conducting title searches, preparing mortgage documents, arranging execution, registering the new mortgage, paying out existing mortgages and registered debts, confirming title registration, and providing final reporting. Your lawyer doesn't approve the mortgage or determine whether you qualify.
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Reviewing your financial information, approving your application, setting interest rates and terms, confirming lending conditions, and providing instructions to your lawyer. Your lawyer can't change lender requirements or approve financing.
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In most cases, yes — your lawyer obtains a payout statement, confirms the discharge amount, and uses refinance funds to pay it out. Your lender may charge discharge, administration, or prepayment penalty fees depending on your mortgage terms.
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Your lawyer may pay certain creditors directly from refinance proceeds — existing mortgages, secured lines of credit, registered liens, or other lender-approved debts, based on your lender's instructions.
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After registering the new mortgage, completing required payouts, and confirming all lender conditions are satisfied, your lawyer releases remaining funds to you. Funds can't be released until registration and closing requirements are complete.
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Many refinance documents can be completed electronically or through virtual signing where permitted — typically mortgage documents, acknowledgments and directions, and other lender-required paperwork. All borrowers on title must participate unless otherwise arranged.
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Valid government-issued ID, required to comply with legal and lender obligations. Our office will advise you on acceptable documents.
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Your lawyer receives mortgage funds from the lender, registers the new mortgage, pays out existing mortgages and approved debts, completes lender requirements, and releases remaining funds to you. Timing may vary depending on the Land Registry system, lender requirements, and banking procedures.
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Many lenders require it as part of their mortgage conditions — it can protect against registration errors, fraud or forgery, certain title defects, and other risks outlined in the policy. Your lawyer arranges this where required.
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Refinances involve you, your lender, your broker, your lawyer, and any existing lenders — delays can stem from late instructions, missing documents, outstanding payout information, or registration issues. Providing requested information promptly helps minimize delays.
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Your lawyer can explain the legal process and documents, but not whether refinancing is financially beneficial, interest rates, mortgage products, or investment decisions — consult your lender or financial advisor for that.
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We confirm registration of the new mortgage, provide reporting documents, confirm completion of payouts and registration, and provide copies of relevant documents. Keep all refinance documents for your records.
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A standard retainer includes reviewing lender instructions, preparing mortgage documents, registering the mortgage, completing required payouts, communicating with the lender, and providing closing reporting. It doesn't include negotiating mortgage terms, financial advice, resolving lender approval issues, court proceedings, or unrelated title disputes.
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Late identification, missing signatures, unresolved title issues, outstanding debts or liens, delayed lender instructions or payout statements, or last-minute changes to the transaction. Please flag any concerns with our office as early as possible.
Post-Closing Issues
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Once a transaction closes, ownership has transferred and most concerns fall outside the closing process itself. Common examples include items left behind, cleaning or garbage concerns, non-working appliances, damage discovered after possession, or missing items that were expected to remain. Your Agreement of Purchase and Sale determines what obligations the seller had and what remedies may be available.
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Yes — as a courtesy, our office may send one post-closing communication outlining your concerns and requesting a response, to give both parties a chance to resolve the matter without further escalation.
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No. Our standard retainer includes one post-closing follow-up communication. We're not retained to act as your litigation lawyer or pursue enforcement after closing — if the other party doesn't respond or disputes your position, further action falls outside the scope of your closing retainer.
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There may be limited steps we can take on your behalf. Depending on the nature and value of your claim, you may be able to pursue it through Small Claims Court or another appropriate process — we'd recommend independent legal advice on whether that's the right path.
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No. A real estate lawyer can't compel the seller to respond, repair an issue, or provide compensation. Without a voluntary resolution, enforcement generally requires a formal legal process.
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Consider a formal demand letter, a Small Claims Court claim (if applicable), or independent legal advice on your rights and remedies. Keep all supporting documentation — photos and videos, invoices and receipts, correspondence with the seller or their lawyer, your APS, and any other evidence.
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Generally, title insurance covers title-related risks and defects, not ordinary disagreements about the physical condition of the property. Coverage depends on your specific policy — if you think the issue may involve a title matter, contact our office and we'll review it.
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Closing transfers legal ownership based on the terms of the APS — many issues only become apparent after possession. We encourage a final walkthrough before closing to raise concerns while there's still time to address them.
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Completing the purchase transaction and limited post-closing assistance, including one communication to the opposing lawyer about a closing-related concern. It doesn't include negotiating a settlement, multiple follow-ups, court proceedings, or representation in Small Claims Court or other litigation — that would require a separate retainer.