Hiring a real estate lawyer in Etobicoke sometimes starts with a phone call that begins, “So, I think I bought a house.” The offer went in at 11 p.m., the sellers accepted by breakfast, and now someone has to read what was signed.

Every home purchase or sale in Ontario closes through a lawyer. Etobicoke adds a few local wrinkles specific to Toronto: municipal Toronto land transfer tax, a condo market that keeps getting taller, and detached homes that have often stayed in the same family for several decades.

Here’s what we at LLDG actually do for you, and how to get the most out of us.

Before you sign: have the agreement reviewed

Most people contact their lawyer after an offer is accepted. In today’s tricky market, I’d much rather hear from you before.

Once an agreement of purchase and sale is firm, it can be very hard to change. A short review beforehand can catch problems with conditions, closing dates or what’s included in the sale. It’s a lot easier to sort out what’s important to you early in the process than to argue about it on closing day.

What your real estate lawyer does when you buy

Buying a house feels like one big transaction. From our side, it’s several behind the scenes items that all have to land on the same day.

First, we review your agreement of purchase and sale. Then we search title to confirm the seller actually owns the property, and to find any mortgages, liens or easements registered against it. Later, we will review your mortgage instructions, assuming you are getting a mortgage.

We may check for unpaid property taxes and utility arrears and, where it’s relevant, open building permits or work orders with the City of Toronto. We arrange title insurance. We send a letter of requisitions to the seller’s lawyer. Later, prior to closing, we will review the statement of adjustments, which apportions property taxes and other costs between the buyers and the sellers as of the day of closing.

On closing day, we receive mortgage funds, pay the sellers, and register the transfer and your mortgage electronically. Once closing is confirmed, the keys are released and we report to you and your lender. You get the keys. We get the filing.

Before closing, we’ll also ask how you want to hold title with a co-owner. It sounds like paperwork, but it can matter a great deal for your estate later. It’s a good idea to read our blog on joint tenancy vs. tenants in common before your appointment.

What your lawyer does when you sell

Selling can be simpler, but not always. We review the agreement of purchase and sale, respond to the buyer’s lawyer’s letter of requisitions, prepare the closing documents and get a payout statement from your mortgage lender. On closing, we pay off the mortgage, confirm it’s been discharged from title and send you the net proceeds.

What’s different about buying in Etobicoke

You pay two land transfer taxes. Etobicoke is part of the City of Toronto, so buyers pay both the Ontario land transfer tax and Toronto’s municipal land transfer tax. If you’re a first-time buyer, you may qualify for rebates on both, and we apply for them on closing.

Condos come with a status certificate. If you’re buying in Humber Bay Shores, near Islington and Kipling, or anywhere else in Etobicoke’s condo market, your lawyer should review the building’s status certificate. It shows the condo corporation’s finances, its reserve fund, any special assessments and the rules you’ll be living with.

Older homes can carry older title issues. Detached homes in The Kingsway, Mimico and Long Branch have often had very few owners over many decades, which is lovely for the families and occasionally less lovely for the paperwork. 

Renovations and additions need a closer look. If the home has been renovated or extended, we can check City records for open permits or work orders before you close. 

Etobicoke has some old neighbourhoods and old houses. If you are one of those people who have owned an Etobicoke property (or any other property in Ontario, for that matter) for several decades, and we’re helping you with our estate planning, we will check your title to see if it was converted from Ontario’s old Registry system to the more modern Land Titles system, to see if your property qualifies for the first dealings exemption. This can save your estate and your beneficiaries tens of thousands of dollars.

What to bring to your appointment

Bring government-issued photo ID for everyone going on title, along with your agreement of purchase and sale and any amendments. For buyer’s, we’ll need your mortgage commitment and your lender’s contact details.  You’ll need proof of home insurance with your lender listed on the policy. 

If you’re selling, bring your current mortgage account details and your most recent property tax bill. That’s the whole list.

Frequently asked questions

Do I need a lawyer based in Etobicoke? No. Any Ontario real estate lawyer can close your deal. A local lawyer knows the local rules, and you can sign in person without getting stuck in traffic on the Gardiner Expressway.

When should I contact a real estate lawyer? Ideally before you sign an offer. At the latest, call the day your offer is accepted, so there’s time to review conditions and raise potential red flags.

Can my lawyer also act for my lender? In most residential deals, yes. One lawyer usually acts for both you and your lender, with your consent.

Talk to an Etobicoke real estate lawyer

My family run firm has served Etobicoke and the Greater Toronto Area for over seven decades. In that time, LLDG has helped a lot of families buy, sell and refinance their homes.

Speak with an Etobicoke real estate lawyer on our team: book a consultation or call 416-620-0362. Ideally before the phone call that starts with “So, I think I bought a house.”

Levitt Lightman Dewar & Graham LLP, 16 Four Seasons Pl, Etobicoke, ON M9B 6E5, 416-620-0362

This article is general information and is not legal advice. Speak with a lawyer about your situation.