Real Estate Transactions
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
- The Planning Act – restrictions on division and use of land
- The Condominium Act – applies to condominium purchases
- The Real Estate and Business Brokers Act (REBBA) – regulates 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 confirm legal ownership
- Verifying zoning compliance
- Calculating land transfer tax (including rebates for first-time buyers)
- 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 mortgages or liens on title
- Preparing the Statement of Adjustments and closing documents
- Ensuring compliance with disclosure obligations under Ontario law
Failure to disclose material facts can result in legal consequences even after closing.
Mortgage Refinancing and Title Transfers
We provide legal support for:
- Refinancing – reviewing mortgage terms, registering the new charge, and discharging old mortgages
- Title Transfers – due to separation, inheritance, or gifting of property
Each 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 (financial/legal standing of condo corporation)
- Understanding common expenses and reserve funds
- Awareness of special assessments and by-law restrictions (e.g., pets, rentals)
Buyers must also receive a disclosure package and have a 10-day cooling-off period to cancel after signing.
Why You Need a Lawyer
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 disputes after closing
In Ontario, only lawyers can complete real estate closings—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 may seem straightforward, 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 defence against unforeseen risks, title issues, and contractual loopholes.
Why Choose GS Arora Law
Our legal team has extensive experience in Ontario real estate law and transactions. We provide comprehensive support for residential and commercial property transactions, ensuring all legal requirements are met and your interests are protected. From title searches to closing documentation, we guide you through every step with expertise and attention to detail.
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Should I incorporate federally or provincially?
Provincial incorporation is typically sufficient if you operate primarily in Ontario, while federal incorporation provides name protection across Canada and may be better for multi-provincial businesses.
Do I need a shareholders' agreement?
While not legally required, shareholders' agreements are highly recommended to prevent disputes and establish clear rules for decision-making, profit sharing, and exit strategies.
What's the difference between buying assets vs. shares?
Asset purchases allow buyers to select specific assets and avoid unknown liabilities, while share purchases transfer ownership of the entire corporation, including all assets and liabilities.
How often should I review my business contracts?
Business contracts should be reviewed regularly, typically every 2-3 years or when circumstances change significantly, such as business expansion or new regulations.
What are my obligations as a corporate director?
Directors have fiduciary duties to act in the corporation's best interests, avoid conflicts of interest, exercise due diligence, and comply with applicable laws and regulations.
Can I handle corporate compliance myself?
While basic compliance is manageable for simple corporations, professional guidance helps avoid costly mistakes and ensures optimal corporate structure as your business grows.