Real Estate Lawyer in Toronto
Secure your commercial and residential property transactions with trusted real estate legal services in Toronto. Insight Law Professional Corporation guides buyers, sellers, landlords, tenants, and investors through title reviews, condo status certificates, mortgage closings, and compliance matters for legally sound closings.
Serving Clients Across Ontario
Remote Signing Available
Effective Legal Representation
Client Focused & Flexible
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OUR REVIEWS
Client Reviews for Insight Law Real Estate Services
Check what our clients say about their experience with Insight Law Professional Corporation.
Demet is an amazing real estate lawyer. I met her during a sensitive time when I urgently needed legal assistance, and she promptly and efficiently delivered her services. She is attentive, compassionate, and ensures she fully grasps the concerns before offering advice. I want to express my heartfelt appreciation for all her assistance.
Demet Altunbulakli is the best lawyer we ever met, she very knowledgeable, helpful and professional. She takes times to listen to us then provides all explanations that we need to know, also give us valuable recommendations for our Lease. She even gave us more to discuss, we really appreciate the services at Insight Law Firm. Highly recommend!
Demet from Insight Law is very knowledgeable, diligent, and approachable. She went the extra mile to ensure that my transaction was registered on the closing date in spite of issues that we had with the sellers and their law firm. I definitely recommend this firm for anyone looking to buy or sell a property.
We had an appointment with Ms Demet, a lawyer to have a will drafted. She was friendly, knowledgeable, professional and very methodical. Demet set up an appointment for us to meet at her office to discuss, finalize, and sign the Will. It was a very simple and smooth procedure.
It was a pleasure to work with Ms Demet, and I highly recommend her for her professional service.
Why Real Estate Owners Choose Us for Legal Consultation
Real estate owners choose Insight Law Professional Corporation in Toronto due to our professional and experienced legal advisors, proven record for serving over 700 clients, flexible online scheduling, and continuous support throughout the legal process.
- Remote signing for easy closings
- Weekend and after-hours availability
- Transparent fixed and hourly pricing
- Personalized real estate legal services
- 60+ verified google reviews
- Ongoing legal support for compliance
Experienced Real Estate Lawyers in Toronto
Insight Law Professional Corporation has a team of knowledgeable lawyers to handle real estate legal matters in Ontario.
Real Estate Services We Provide in Toronto
We offer commercial and residential real estate services in Toronto, including the purchase and sale of real estate, mortgage transactions, and the transfer of ownership. We provide representation and consultation in real estate areas, including residential property, commercial property, recreational property, rural property, investment property, and financing and refinancing.
Purchasing Real Estate
Purchasing real estate in Toronto involves challenges with structuring down payments and understanding property agreements. Insight Law Professional Corporation addresses these issues by providing legal guidance throughout the transaction, assisting with drafting and reviewing agreements, and managing real estate closings to protect your interests at every step.
Selling Real Estate
Selling real estate in Toronto comes with challenges like accurately valuing properties and managing legal obligations under Canadian property law. Our real estate lawyers manage these issues by preparing and reviewing listing agreements, maintaining compliance with property disclosure requirements, facilitating negotiations, and providing support in resolving any contractual disputes.
Mortgage Transactions (Refinance)
We handle mortgage refinance transactions in Toronto by assisting clients with the transaction process while aligning their financing purpose with credit requirements and account statements. Our real estate lawyers at Insight Law Professional Corporation review syndicated mortgages, prepare mortgage documents, and provide legal guidance to address potential disputes or compliance issues efficiently.
Transfer of Ownership or Title
Transferring the ownership of property in Toronto involves challenges with preparing accurate affidavits and coordinating title documentation among multiple parties. Insight Law Professional Corporation resolves these issues by reviewing and registering all title documents, coordinating with buyers, sellers, and lenders, and providing legal guidance to comply with Canadian property regulations. We handle all types of title transfer, including transfers due to divorce or separation, fulfilling mortgage or refinancing obligations, transfers between trustees and nominees, and survivorship applications to acquire sole ownership after the passing of a spouse or partner.
Assignment of Property
Assignment of property refers to a transaction in which the original purchaser of a property (the Assignor) grants another buyer (the Assignee) the right to take over their Agreement of Purchase and Sale before the original buyer completes the transaction. Our real estate lawyers handle the assignment of property in Toronto by reviewing complex purchase and sales agreements and keeping all transaction documentation accurate and legally compliant. We prepare printable templates, guide clients through sales transactions, review purchase and sales agreements, and offer legal support to resolve issues efficiently.
Survivorship Application
A Survivorship Application in Toronto is a legal procedure used when one owner of a property held in joint tenancy passes away and the property is automatically passed to the surviving joint tenant(s) without going through probate or being included in the deceased’s estate for distribution. We assist clients with survivorship applications in Toronto by addressing challenges such as registering property after the passing of a spouse and preparing affidavits for land registry requirements. Insight Law Professional Corporation also coordinates with mortgage closings and ensures the land registry reflects accurate ownership information.
Condo Status Certificate Review
Our real estate lawyers in Toronto review status certificates for condominium units at reasonable rates to identify potential legal or financial issues and prevent closing delays. This certificate outlines crucial information, including the corporation’s budget, common expenses, ongoing legal matters, insurance status, imminent significant repairs or maintenance concerns, and the reserve fund. During the review of a status certificate, we identify potential red flags that might lead to substantial future hikes in common expenses or other unwelcome legal or financial issues for buyers.
Property Title Review
Our real estate legal team conducts a property title review to confirm ownership accuracy, identify registered liens, and check for legal proceedings or special assessments that may affect the financial stability of the property before closing. We review title records, lender registrations, and pending claims to reduce transfer risks, support mortgage approval, and avoid future disputes tied to the property title.
Commercial Property Purchase and Sale
We handle commercial property purchase and sale matters for industrial buildings, rental apartment properties, and office buildings in Toronto. Our experienced lawyers at Insight Law Professional Corporation address risks tied to title conditions, zoning use alignment, and closing coordination by reviewing purchase agreements, structuring transaction documents, managing closing requirements, and supporting dispute resolution.
Who We Provide Real Estate Legal Services To in Toronto
We provide real estate legal services to residential buyers and sellers, commercial property owners and investors, developers and builders, and landlords and tenants.
Residential Buyers and Sellers
Residential buyers and sellers require real estate legal assistance to review purchase and sale agreements, manage mortgage registration or discharge, and complete closing in compliance with Ontario real estate law.
Commercial Property Owners and Investors
Commercial property owners and investors in Toronto require legal real estate assistance to manage purchase and sale transactions, commercial leasing, zoning compliance, and title registration under Ontario real estate law.
Developers and Builders
Developers and builders in Toronto need legal assistance to manage land acquisition, subdivision approvals, zoning and planning compliance, development agreements, and title registration under Ontario real estate and municipal law.
Landlords and Tenants
Landlords and tenants in Toronto need legal assistance in real estate matters to manage lease agreements, address rent disputes, handle eviction or termination notices, and resolve compliance issues before the Landlord and Tenant Board under Ontario housing law.
HOW IT WORKS
How Does Our Real Estate Transactions Process Work?
Real estate transactions are often the most significant deals a person will be involved in during their lifetime. We recognize real estate transactions involve different types of properties and their unique considerations and guide our clients through the complexities.
Our real estate lawyer is involved directly from the beginning to ensure potential issues are dealt with before they transform into problems. We value long-lasting client relationships by maintaining regular communication and providing updates, guaranteeing each client receives individualized attention.
How Can Our Firm Support Your Real Estate Closing?
Insight Law Firm supports your real estate closing in the ways listed below.
- Reviewing the Agreement of Purchase and Sale: Our real estate lawyers review the Agreement of Purchase and Sale to make all terms, conditions, and contingencies legally sound and to identify potential risks for clarifying obligations and protecting client interests during a real estate closing.
- Conducting Title Search and Investigation: We conduct a comprehensive title search and investigation by examining land registry records, identifying liens, easements, or encumbrances, and confirming clear ownership to make a legally compliant real estate property transfer before closing.
- Reviewing Condo Status Certificates: Our legal team reviews condo status certificates by analyzing financial statements, legal obligations, and potential special assessments to identify risks and help buyers make informed decisions before real estate closing.
- Guide Financial Statement of Adjustments: Insight Law Professional Corporation guides the preparation and review of real estate financial statements of adjustments by verifying taxes, utilities, and closing costs to prevent post-closing disputes.
ABOUT OUR FIRM
How Can Our Firm Help You?
Insight Law Professional Corporation is a law firm in Toronto specializing in Real Estate Law, Business and Commercial Law, Wills & Estates, Family Law and Criminal Law.
We have the experience to assist clients, whether they are starting a new business, purchasing or selling a property, or creating a Will.
We dedicate ourselves to ensuring clients’ success through personalized service, practical advice, and effective solutions.
Client Focused
We prioritize client satisfaction and take a personalized approach with friendly and knowledgeable service.
Transparent
Our fixed prices and hourly rates are visible upfront, and most add-ons are fixed line items.
Flexible
We understand that our clients may be busy and unavailable during normal working hours. We are happy to work with you to find a time that suits your needs.
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Real Estate Laws Applicable in Ontario, Canada
The Province of Ontario governs a comprehensive legal framework that regulates the acquisition, ownership, transfer, and use of real property within its jurisdiction. This legal framework derives its authority from both provincial statutes enacted by the Ontario Legislature and federal legislation passed by the Parliament of Canada. The regulatory ecosystem operates under the constitutional division of powers established by the Constitution Act, 1867, which assigns property and civil rights to provincial legislatures under Section 92(13). The Ontario Legislature holds primary jurisdiction over real estate matters while the Parliament of Canada exercises supplementary authority over taxation, banking, and foreign investment aspects that affect real property transactions.
Land Titles Act (R.S.O. 1990, c. L.5)
The Land Titles Act establishes the Land Titles System in Ontario, which guarantees title to land in favour of the registered owner as reflected in the provincial land records. This system differs from the older Registry System by providing a government-backed assurance of ownership, which eliminates the need for purchasers to trace the chain of title through decades of historical documents. The Director of Titles administers the system and maintains a compensation fund that protects any person whose interest in land is found to be inconsistent with the registered title records. The Province of Ontario transitioned all land titles to an electronic registration format during the 1990s through the Provincial Electronic Land Registration System known as POLARIS, which replaced the legacy paper-based systems and enables real estate lawyers to register land transfers digitally.
Registry Act (R.S.O. 1990, c. R.20)
The Registry Act established the Registry System, which operates as the older of the two land registration systems in Ontario. Under the Registry System, deeds, mortgages, and other instruments that affect interests in real estate are recorded in chronological order at the relevant land registry office. Unlike the Land Titles System, the Registry System does not guarantee ownership but provides a public record of instruments from which a chain of title can be traced. Purchasers who rely on the Registry System must conduct thorough title searches spanning a minimum of 40 years to confirm clear ownership, a process that has been largely supplanted by title insurance in contemporary practice.
Planning Act (R.S.O. 1990, c. P.13)
The Planning Act governs land use planning and development across the Province of Ontario by establishing the legal framework for zoning regulations, subdivision approvals, and land use controls that determine how real property can be utilized and developed. Section 50 of the Planning Act controls the subdivision of land by prohibiting any person from dealing with a parcel of land if they own abutting land, unless the transaction falls within specific statutory exceptions or the person obtains municipal consent. The penalty provision voids any transfer or transaction that contravenes these prohibitions. The Ontario Legislature enacted significant amendments to Section 50 through Bill 276 (Supporting Recovery and Competitiveness Act, 2021), which simplified the rights and obligations of landowners, sellers, and purchasers who wish to subdivide property, expanded the exceptions to the abutting lands rules, permitted consent applications to be amended while in progress, and resolved the longstanding issue of inadvertent property merger upon the death of a joint tenant.
Land Transfer Tax Act (R.S.O. 1990, c. L.6)
The Land Transfer Tax Act imposes a provincial tax on every transfer of real property in Ontario, which must be paid by the purchaser at the time of registration. The tax rate follows a graduated scale based on the property purchase price and the calculation applies progressively across defined value brackets. Ontario has imposed onerous disclosure requirements as part of its land transfer tax regime, including details of shareholdings and beneficial ownership for transfers of agricultural land and certain residential properties. First-time home buyers in Ontario qualify for a provincial rebate of up to $4,000, which covers the full land transfer tax on properties valued up to approximately $368,000. The City of Toronto has enacted its own Municipal Land Transfer Tax, which doubles the tax burden for purchasers of property within Toronto boundaries, though Toronto first-time buyers receive an additional rebate of up to $4,475, covering the full Toronto MLTT on properties valued up to $400,000.
Condominium Act, 1998 (S.O. 1998, c. 19)
The Condominium Act, 1998 governs the creation, registration, management, and dissolution of condominium corporations in Ontario. This Act establishes that a condominium comes into existence upon the registration of a declaration and description with the Ontario Land Registry Office. The declaration defines the individual units, common elements, and the proportionate share of common interests that belong to each unit owner. The condominium corporation assumes responsibility for the management and maintenance of common elements while unit owners contribute to these costs through monthly common expense fees that the corporation collects and administers. The Condominium Authority of Ontario serves as the regulatory body that oversees condominium governance and provides dispute resolution services through the Condominium Authority Tribunal.
Residential Tenancies Act, 2006 (S.O. 2006, c. 17)
The Residential Tenancies Act governs the relationship between landlords and tenants in residential rental properties across Ontario by establishing the legal basis for rental agreements and defining the rights and obligations of both landlords and tenants. The RTA regulates matters including rent increases, payment schedules, eviction procedures, maintenance standards, and security deposits. The Landlord and Tenant Board administers and adjudicates disputes arising under the RTA and both landlords and tenants have access to recourse through the LTB when conflicts emerge regarding their respective rights and obligations. Toronto’s Rental Renovation Licence By-law, which came into effect on July 31, 2025, aims to combat the practice of renovictions where landlords evict tenants under the pretense of renovations and then re-rent the units at higher rates by requiring landlords to obtain a Rental Renovation Licence before issuing an N13 notice, which involves submitting approved building permits, paying a $700 fee per unit, and providing a Tenant Accommodation or Compensation Plan.
Land Registration Reform Act (R.S.O. 1990, c. L.4)
The Land Registration Reform Act mandates that lawyers must make specific statements in every land title deed and grants them exclusive access to the Provincial Electronic Land Registration Systems known as POLARIS. This Act reinforces the requirement that legal professionals participate in all property purchase and sale transactions in Ontario, which ensures that both buyers and sellers receive proper legal representation throughout the conveyancing process. Lawyers who engage in conveyances must maintain a trust account to hold client funds in compliance with the Law Society of Ontario’s requirements.
Statute of Frauds (R.S.O. 1990, c. S.19)
The Statute of Frauds requires that all contracts for the sale or transfer of an interest in land must be in writing and signed by the parties to be enforceable. This statute prevents oral agreements regarding real property from having legal effect, which protects both buyers and sellers from fraudulent or disputed claims. The Agreement of Purchase and Sale constitutes the primary written contract in Ontario real estate transactions and outlines the terms, conditions, and obligations that bind both parties once executed.
Conveyancing and Law of Property Act (R.S.O. 1990, c. C.34)
The Conveyancing and Law of Property Act provides the general rules governing how interests in land are created, transferred, and extinguished in Ontario by establishing the legal mechanisms for covenants, easements, and conditions that run with the land and bind successive owners. The Act codifies common law principles relating to the interpretation of deeds and the implied obligations that arise in property conveyances.
Development Charges Act, 1997 (S.O. 1997, c. 27)
The Development Charges Act authorizes municipalities in Ontario to impose development charges on new construction to recover the capital costs of infrastructure and services that are required to accommodate growth. Developers pay these charges as a condition of obtaining building permits, and the charges fund municipal investments in roads, sewers, water systems, parks, and community facilities. The More Homes Built Faster Act, 2022 (Bill 23) introduced mandatory phase-in periods for new development charge by-laws, which aims to stimulate the construction of 1.5 million homes over the next decade.
Ontario Building Code Act, 1992 (S.O. 1992, c. 23)
The Ontario Building Code Act establishes the minimum standards for the construction, renovation, and demolition of buildings in the province. The Ontario Building Code prescribes technical requirements for structural integrity, fire safety, plumbing, HVAC, and accessibility that all new construction and major renovations must satisfy. Municipal building departments enforce the Building Code through the permit and inspection process while property owners must obtain building permits before commencing any construction work that the Code regulates.
Municipal Act, 2001 (S.O. 2001, c. 25)
The Municipal Act confers broad powers upon Ontario municipalities to regulate property standards, land use, and local governance matters that affect real estate. Municipalities exercise these powers through zoning by-laws, property standards by-laws, and other regulatory instruments that the Planning Act and the Municipal Act authorize. The Act empowers municipalities to impose property taxes, levy special assessments, and enforce property maintenance standards that ensure the health, safety, and welfare of residents within their jurisdiction.
Ontario Heritage Act (R.S.O. 1990, c. O.18)
The Ontario Heritage Act provides the legal framework for the identification, protection, and conservation of heritage properties in the province. Municipal councils may designate properties as heritage sites based on their historical significance, architectural design, cultural value, and age. Heritage designation imposes restrictions on property owners that limit their ability to alter, demolish, or develop designated structures without municipal approval. The Act balances heritage conservation objectives with property owners’ rights by providing appeal mechanisms through the Ontario Land Tribunal.
Environmental Protection Act (R.S.O. 1990, c. E.19)
The Environmental Protection Act prohibits the discharge of contaminants into the natural environment and imposes remediation obligations on property owners whose lands are contaminated. The Ontario Ministry of the Environment, Conservation and Parks administers the EPA and maintains the Environmental Site Registry, which records information about contaminated properties. Property purchasers must conduct Phase I and Phase II Environmental Site Assessments as part of their due diligence to identify potential contamination, which affects both the value and the permissible uses of the property.
Ontario Water Resources Act (R.S.O. 1990, c. O.40)
The Ontario Water Resources Act regulates the use and protection of water resources in the province, which affects property owners who draw water from or discharge wastewater into provincial water bodies. Property owners must obtain permits for water taking and sewage works, and the Act imposes liability on persons who impair water quality through discharges or activities on their land. This legislation has particular relevance for rural properties, agricultural lands, and development projects that require water supply or wastewater infrastructure.
Prohibition on the Purchase of Residential Property by Non-Canadians Act
The Parliament of Canada enacted the Prohibition on the Purchase of Residential Property by Non-Canadians Act, which imposed a restriction on certain non-Canadian individuals and entities from purchasing residential property in specified census metropolitan areas and census agglomerations, including parts of Toronto and Vancouver. The ban, which was originally set to expire on January 1, 2025, has been extended to January 1, 2027. The restriction applies subject to exemptions for permanent residents, refugees, and certain categories of foreign workers and international students, and it operates in conjunction with provincial measures such as Ontario’s Non-Resident Speculation Tax.
Non-Resident Speculation Tax (NRST)
The Province of Ontario imposes the Non-Resident Speculation Tax at a rate of 25% on residential property purchases by non-citizens, non-permanent residents, foreign corporations, and foreign-controlled trustees. The NRST applies to residential properties containing up to six single-family residences located anywhere in Ontario. This tax complements the federal foreign buyer ban and serves the provincial government’s objective of addressing housing affordability by discouraging speculative purchases by non-residents. The City of Toronto implemented an additional Municipal Non-Resident Speculation Tax of 10% effective January 1, 2025, bringing the combined foreign buyer tax in Toronto to 35%.
Investment Canada Act and Competition Act
The Investment Canada Act requires notification to or review by the federal government in specific circumstances involving acquisitions of Canadian businesses or real property by non-resident purchasers. The Competition Act supplements this framework by ensuring that significant acquisitions of real property do not result in anti-competitive market concentrations. Together, these federal statutes create an additional regulatory layer that applies to large-scale commercial and investment property transactions in Ontario and throughout Canada.
Excise Tax Act (Canada) – HST
The Excise Tax Act imposes the Harmonized Sales Tax at a combined federal-provincial rate of 13% in Ontario on the sale of new residential properties, vacant land sold by businesses, and commercial real estate. The sale of used residential properties is generally exempt from HST. Purchasers who acquire real property in the course of a commercial activity may claim input tax credits for the HST paid, provided they are registered as HST registrants. The federal government has proposed a GST rebate for first-time home buyers that would eliminate the GST (or federal portion of HST) on new homes valued up to $1 million, with reduced benefits for homes between $1 million and $1.5 million, applicable to construction that begins on or after May 27, 2025.
Mortgages Act (R.S.O. 1990, c. M.40)
The Mortgages Act governs the creation, enforcement, and discharge of mortgages on real property in Ontario by establishing the rights of mortgagors (borrowers) and mortgagees (lenders) and prescribing the procedures for mortgage enforcement, including power of sale and judicial sale remedies that are available to lenders when borrowers default on their payment obligations. The Act operates in conjunction with the Land Titles Act, which defines a mortgage under the Land Titles System as a charge registered against the property’s title.
CMHC Insurance Policy Changes (2024-2025)
The Canada Mortgage and Housing Corporation introduced significant changes to its mortgage insurance policies effective December 15, 2024, which directly affect Ontario’s real estate market. The maximum price limit for CMHC-insured mortgages has been raised from $1 million to $1.5 million, and eligibility for 30-year mortgage amortizations has been expanded to include all first-time homebuyers and purchasers of new construction homes. These changes aim to address housing affordability concerns by providing longer repayment periods and enabling buyers to purchase higher-valued properties with insured mortgages.
Forms of Property Ownership
Ontario property law recognizes several forms of property ownership, each with distinct legal characteristics that affect how interests are held, transferred, and inherited. Freehold ownership represents the most complete form of property interest, where the owner holds an estate in fee simple of indefinite duration. Leasehold ownership provides a fixed-duration interest that is governed by the terms of a lease agreement between the landlord and tenant. Joint Tenancy provides the right of survivorship, meaning that when one joint tenant dies, their interest automatically transfers to the surviving joint tenant(s) regardless of any testamentary provisions. Tenancy in Common allows co-owners to hold individual shares that can be sold or bequeathed independently, and there is no right of survivorship under this form of co-ownership.
Family Law Act (R.S.O. 1990, c. F.3)
The Family Law Act designates the matrimonial home as a property that receives special protection under Ontario law. Under the Act, both spouses have an equal right to possession of the matrimonial home, regardless of which spouse holds title. Neither spouse may sell, encumber, or dispose of an interest in the matrimonial home without the other spouse’s consent, which protects the non-owning spouse’s possessory rights. The Act intersects with the land registration system because any disposition that contravenes the spousal consent requirement may be voidable, and lawyers must verify spousal status as part of the conveyancing process.
Succession Law Reform Act (R.S.O. 1990, c. S.26)
The Succession Law Reform Act governs the distribution of a deceased person’s estate, including real property, when they die with or without a valid will. Where a property owner dies intestate (without a will), this Act prescribes the order of priority for beneficiaries and determines how real property is distributed among surviving family members. The Act works in conjunction with the Estates Administration Act, which requires the estate trustee to obtain a Certificate of Appointment of Estate Trustee before dealing with the deceased’s real property.
Expropriations Act (R.S.O. 1990, c. E.26)
The Expropriations Act establishes the legal framework under which the provincial government and authorized public bodies may compulsorily acquire private real property for public purposes. The Act prescribes procedural requirements including mandatory notice periods, the right to a hearing of necessity, and the obligation to pay compensation based on fair market value. The compensation framework includes the market value of the expropriated lands, injurious affection damages for the diminution in value of remaining lands, disturbance damages for relocation and business disruption costs, and special damages for unique hardships. The federal Expropriation Act (Canada) provides a parallel framework for expropriations carried out by the federal government for public works or other federal purposes.
Bill 23 – More Homes Built Faster Act, 2022
The More Homes Built Faster Act represents the Ontario government’s flagship housing legislation, which aims to facilitate the construction of 1.5 million homes over the next decade. The Act introduced amendments across multiple statutes including the Planning Act, the Development Charges Act, the Conservation Authorities Act, and the Ontario Heritage Act. Key changes include the redefinition of affordable housing, reduced development charges, streamlined planning approvals, and limited scope for conservation authority interventions in land use planning.
Bill 151 – Improving Real Estate Management Act, 2024
The Improving Real Estate Management Act, 2024 amended various provincial statutes that govern the acquisition and disposal of real property by government entities and Crown corporations. The Act introduced new approval requirements for entities including the Algonquin Forestry Authority, the McMichael Canadian Art Collection, and Science North, which must now obtain approval from the Lieutenant Governor in Council or the relevant Minister before acquiring or disposing of freehold interests in real property.
Beneficial Ownership Transparency
Ontario has imposed increasingly onerous disclosure requirements as part of its land transfer tax regime, which require transferors to disclose beneficial ownership details, shareholding structures, and the identity of persons who hold indirect interests in land. These requirements align with a national trend toward ownership transparency, as exemplified by British Columbia’s Land Owner Transparency Registry that became publicly accessible in April 2021. Beneficial interest transfers trigger land transfer tax obligations that apply regardless of whether legal title formally changes hands.
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Real Estate Lawyer Frequently Asked Questions
What Does a Real Estate Lawyer Do?
Real Estate Lawyers handle the Conveyancing of the Property, which includes handling the paperwork that transfers the property title to your name, dealing with your mortgage financing, and coordinating paying the seller the purchase price. Real estate lawyers review the legal documents and issues related to a transaction, including the legal review of the Agreement of Purchase or Agreement of Sale.
Buying or selling a home in Toronto might be challenging since this may be the most important transaction in a lifetime. While making every effort to ensure the transaction is closed smoothly and on time, our lawyers will also assist you in understanding the details of your transaction and strive to be accessible to you throughout the process. We provide quality legal services in real estate law to individuals and businesses while protecting the best interest of our clients, even in the most complex matters.
Do I Need a Real Estate Lawyer to Buy a House in Toronto?
Yes, you need a real estate lawyer to buy a house in Toronto for proper legal registration and thorough due diligence of the property. Real estate lawyers handle mortgage closings, review title documents, and verify compliance with local regulations to protect buyers from legal risks and financial complications.
When to Contact a Real Estate Lawyer?
Buyers and sellers will want to contact a real estate lawyer as soon as an Offer to Purchase is signed. Conveyance of a property can be complex and time-consuming – real estate lawyers have the experience and expertise to make sure the process is smooth and headache-free. Your Lawyer can explain the terms in plain language the steps you will need to take and help you guide throughout the process.
Can a Real Estate Lawyer Help With Title Issues in Toronto?
Yes, a real estate lawyer can help with title issues in Toronto by examining property records, identifying liens, easements, or encumbrances, and confirming clear ownership. They also assist with legal registration of the property title, correct errors in the land registry, and provide guidance to prevent disputes or complications during property transactions.
Can a Real Estate Lawyer Help With a Private Mortgage in Toronto?
Yes, a real estate lawyer can help with a private mortgage in Toronto by preparing and reviewing mortgage agreements, keeping the terms are legally enforceable, and confirming proper registration on the Land Registry. These lawyers also perform due diligence on the lender and borrower, verify property ownership, and coordinate mortgage closing to protect the interests of all parties involved.
Do I Need a Real Estate Lawyer For Buying a Condo in Toronto?
Yes, you need a real estate lawyer for buying a condo in Toronto to get a thorough status certificate review and verify any potential issues that could affect the unit or condominium corporation. Real estate lawyers also manage funds, handle closing procedures, and coordinate all legal documentation to secure a smooth and legally compliant transfer of ownership.
What is Title Insurance?
Title insurance is an insurance policy that protects the buyer and lender from losses that may occur due to defects in the title, such as undisclosed liens, boundary disputes, or errors in public records.
What does “disbursements” mean?
Disbursements refer to the various expenses incurred during a real estate transaction. These expenses can include things like land transfer taxes, title searches, title insurance, appraisal fees, tax certificates, software and office charges, and any other costs that are associated with the transfer of ownership from one party to another.
What Happens If I have a signed Agreement of Purchase and Sale but find a better property?
The Agreement of Sale and Purchase is a legally binding document that can be enforced in court. Therefore, it is not advisable to sign a second agreement without the seller’s consent to release you from the first agreement, or without being willing and able to purchase both properties.
Can I get my deposit back If I change my mind?
While it is possible to back out of a real estate deal, there are potential consequences. In cases where the seller incurs expenses such as mortgage holding costs or legal fees, or is unable to quickly resell the property, there is a likelihood that you may lose some or all of your deposit. Furthermore, if your offer was considerably higher than the new buyer’s, the other party may choose to pursue legal action against you.
What is the Land Transfer Tax?
Purchasing land entails paying taxes to the Province of Ontario, determined by the land’s assessed value. If you are a first-time homebuyer, you may qualify for a partial land transfer tax refund.
Please refer to the Government of Ontario website for calculating the Ontario Land Transfer Tax:
https://www.ontario.ca/document/land-transfer-tax/calculating-land-transfer-tax
If the property is located in Toronto then an additional Toronto Municipal Land Transfer Tax will also apply:
How much does it cost to hire a real estate lawyer?
The cost of hiring a real estate lawyer varies depending on the nature of the work, the type of the real estate transaction, the complexity of the transaction, and the experience of the lawyer. Some lawyers charge on an hourly basis, while others charge a flat fee.
Can I use a real estate agent instead of a real estate lawyer?
No, you cannot use a real estate agent instead of a real estate lawyer. Real estate agents can help you find a property that suits your needs and provide valuable assistance in buying or selling a property, but they are not licensed to provide legal advice. It is important to hire a real estate lawyer to ensure that your legal interests are protected.
What is the Agreement of Purchase and Sale?
An agreement of purchase and sale is a legally binding agreement between a buyer and seller that outlines the terms and conditions of a real estate transaction, including the purchase price, financing terms, and contingencies. It defines the rights and obligations of both sides regarding the subject real estate transaction.
What is a Contingency?
Contingencies (or conditions) that must be met before a real estate transaction can be completed. Common contingencies include home inspections, financing approval, and appraisal.
What is an Easement?
An easement is the legal right for one property owner to enter another’s without permission. An Easement runs with the land and binds all subsequent owners.
Can a Real Estate Lawyer Help with Leasing Commercial Property?
Yes, a real estate lawyer can help with leasing commercial property by negotiating lease terms, reviewing contracts, and ensuring that the lease complies with applicable laws and regulations. Both landlords and tenants can hire their own real estate lawyers in order to obtain legal advice and other legal services regarding the lease.
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Area We Serve in Toronto Real Estate Legal Services
Our real estate lawyer services are available across Toronto and the surrounding Greater Toronto Area to assist businesses and individuals with secure and compliant real estate dealings.
We also serve the following sub areas of Toronto.
- Brampton
- Burlington
- Etobicoke
- North York
- Markham
- Mississauga
- Oakville
- Richmond Hill
- Scarborough
- Vaughan
