Buying or selling property in Ontario involves more than just signing papers. Each transaction requires compliance with provincial real estate laws, proper legal documentation, and protection against potential risks. At GS Arora Law, we provide legal guidance throughout residential and commercial real estate transactions—ensuring your rights are protected and the process runs smoothly from start to finish.
Understanding Ontario Real Estate Law
Real estate transactions in Ontario are governed by multiple laws and regulations, including:
- The Land Titles Act and Registry Act – governing property ownership records
- The Electronic Registration Act – all property transfers must be completed electronically through Ontario's land registration system
- The Planning Act – sets out restrictions on the division and use of land
- The Condominium Act – applies to purchases involving condominium units
- The Real Estate and Business Brokers Act (REBBA) – regulates real estate agents and brokers
All legal transfers of real estate must be completed by a lawyer licensed to practice in Ontario.
Buying Property in Ontario
When purchasing a home or commercial property, legal representation is essential to protect your interests. We assist with:
- Reviewing the Agreement of Purchase and Sale (APS)
- Conducting title searches to ensure the seller has legal ownership and that no encumbrances exist
- Verifying zoning compliance
- Calculating land transfer tax (including potential rebates for first-time homebuyers)
- Preparing and registering transfer documents electronically
Buyers should also be aware of closing costs, including title insurance, adjustments, and legal fees.
Selling Property in Ontario
Sellers also have legal obligations. We assist with:
- Reviewing and explaining the sale agreement
- Discharging any mortgages or liens registered on title
- Preparing the Statement of Adjustments and closing documents
- Ensuring compliance with disclosure obligations under Ontario law
Inaccurate information or failure to disclose can result in legal consequences even after closing.
Mortgage Refinancing and Title Transfers
We provide legal support for:
- Refinancing – reviewing new mortgage terms, registering the new charge on title, and discharging old mortgages
- Title Transfers – whether due to separation, inheritance, or gifting of property, proper registration is required through Ontario's land title system
Each of these requires compliance with Land Transfer Tax laws and may involve additional filings with the Municipal Property Assessment Corporation (MPAC).
Condominium Purchases
Condo buyers in Ontario are protected by specific legal requirements under the Condominium Act. Key considerations include:
- Status Certificate review – outlines the condo corporation's financial and legal standing
- Understanding common expenses and reserve funds
- Special assessments and by-law restrictions (e.g., pets, rentals)
Buyers must receive a disclosure package and have a 10-day cooling-off period to cancel the agreement after signing.
Why You Need a Lawyer for Real Estate Transactions
Real estate transactions involve legal complexities that are not always obvious. A Real estate lawyer:
- Confirms that legal title can be transferred
- Identifies title defects, easements, and liens
- Ensures mortgage documents and funds are properly handled
- Protects you from contractual risks or legal disputes after closing
In Ontario, only real estate lawyers can complete real estate closings—real estate agents and notaries cannot register title or discharge mortgages.
Hire a Real Estate Lawyer
A real estate transaction is one of the most significant financial decisions you will make. While the process can seem straightforward, a myriad of legal details can impact the security of your investment. Hiring an experienced real estate lawyer in Brampton is not just a formality; it is your primary line of defence against unforeseen risks, title issues, and contractual loopholes.
Real Estate FAQs
Q: What is title insurance, and is it mandatory?
Title insurance protects against unknown title issues (e.g., unpaid taxes, fraud). It's not legally required, but most lenders mandate it.
Q: Can I cancel a real estate agreement after signing?
Once a firm offer is accepted, it is legally binding. Only conditional offers (e.g., financing or inspection conditions) can be cancelled within their respective periods.
Q: What is a "Statement of Adjustments"?
It's a document that itemizes financial adjustments between buyer and seller (e.g., property taxes, condo fees) on the closing date.
Q: Do I need a lawyer to refinance my mortgage?
Yes. The lender typically requires a lawyer to register the new mortgage and confirm that all legal procedures are followed.
Why Choose GS Arora Law?
legal team has extensive experience in Ontario real estate law Firm and transactions. We provide comprehensive legal support for both residential and commercial property transactions, ensuring that all legal requirements are met and your interests are protected throughout the entire process. From title searches to closing documentation, we are here to guide you through every step of your real estate transaction with expertise and attention to detail.