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Who prepares the closing documents?

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Who prepares the closing documents?

Who prepares the closing documents — and why it matters for your Milton sale or purchase?

Quick, blunt answer

In Milton, Ontario the closing documents are prepared almost always by the real estate lawyer or licensed paralegal representing the buyer or seller. Lenders prepare mortgage paperwork. Realtors coordinate, advise, and push the process, but they do not draft or sign legal closing documents.

Why this matters — stop guessing on closing day

Most people think the realtor handles everything. That’s false. If the closing documents are wrong, the problem lands with the lawyers, title insurer, and the municipality — not on the realtor. You need a local lawyer who knows Halton Region rules, Teraview e-registration, municipal adjustments, and Land Transfer Tax calculations. Get the right lawyer and the file closes clean. Pick the wrong one and you risk delays, extra fees, or a failed closing.

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Who prepares which documents — a clear breakdown

  • Buyer’s lawyer / licensed paralegal

  • Prepares and reviews the Transfer/Deed of Land paperwork

  • Prepares the Statement of Adjustments (prorated taxes, utilities, condo fees)

  • Prepares mortgage registration forms (with lender instructions)

  • Orders title search and prepares title registration documents

  • Prepares closing funds statement and keys exchange instructions

  • Seller’s lawyer / licensed paralegal

  • Prepares documents required to discharge existing mortgage(s)

  • Provides certificate of payoffs and prepares documents to remove existing encumbrances

  • Coordinates final utility/municipal adjustments and keys release

  • Mortgage lender

  • Issues mortgage instructions and mortgage documents to be signed by the buyer

  • Sends conditions that the buyer’s lawyer must confirm before registration

  • Title insurer (optional but common)

  • May require specific affidavits or documents to insure the title

  • Issues the title insurance policy after review

  • Realtor

  • Prepares offers and amendments, communicates deadlines

  • Coordinates delivery of documents, keys, and final walk-through scheduling

  • Advises clients on costs and timelines but does not prepare legal instruments

Typical closing documents you’ll see in Milton

  • Agreement of Purchase and Sale (prepared by realtor, signed earlier)
  • Transfer/Deed of Land (prepared by lawyers)
  • Statement of Adjustments (lawyers prepare final numbers: taxes, utilities, condo fees)
  • Mortgage documents (prepared or supplied by lender, signed in lawyer’s office)
  • Statement of Closing Funds / Completion Statement
  • Mortgage discharge and payout statement (seller’s lawyer)
  • Title registration documents (submitted electronically in Ontario’s Teraview system)
  • Affidavits and sworn statements (as required for title or closing conditions)
  • Municipal clearances, condo status certificates (as needed)

The Ontario-specific legal flow — what actually happens

  1. Offer accepted. Realtor circulates the accepted Agreement to both lawyers and lender.
  2. Buyer’s lawyer orders title search, reviews title, and confirms any encumbrances.
  3. Seller’s lawyer obtains mortgage payoff statements and prepares discharge paperwork.
  4. Buyer’s lawyer prepares Transfer/Deed and Statement of Adjustments and requests mortgage instructions from lender.
  5. Each party reviews documents, signs where required. Buyer signs mortgage documents under lawyer supervision.
  6. Lawyers exchange closing funds and register documents electronically through Teraview.
  7. Title transfers, mortgage registers, and keys release per instructions.

Timing and sequencing are critical. In Halton Region, municipal adjustments and tax requisitions can shift numbers if not handled promptly. That’s why local expertise matters.

Common sticking points — and how a Milton-savvy lawyer prevents them

  • Late mortgage instructions: Lenders can issue conditions at the last minute. A good local lawyer anticipates common conditions and clears them early.
  • Incorrect Statement of Adjustments: Mistakes on prorations cost money and time. Local lawyers know Halton tax periods and condo fee cycles.
  • Payoff errors: Mortgage payout figures can include interest to a specific date. Seller’s counsel must correctly calculate and provide accurate figures.
  • Title defects and liens: Older properties can have historic encumbrances. A thorough title search and prompt resolution avoid surprises.
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What you should do as a buyer or seller in Milton

  • Hire a local real estate lawyer early — right after acceptance. Do not wait.
  • Provide ID and requested documents immediately. Delays in verification push back registration.
  • Arrange closing funds in certified bank draft or electronic transfer as required. Personal cheques are rarely accepted.
  • Confirm condo status certificate or municipal tax statements are ordered and provided.
  • Review the Statement of Adjustments the lawyer sends. Ask questions before signing.

Who pays for what — simple allocation

  • Buyer pays: land transfer tax, legal fees for buyer’s lawyer, title insurance (if chosen), mortgage registration fees
  • Seller pays: mortgage discharge fees, realtor commission, legal fees for seller’s lawyer
  • Both: adjustments for taxes, utilities, condo fees are split per agreement and documented in the Statement of Adjustments

Local costs and expectations in Milton, ON

  • Legal fees (buyer or seller): vary, but expect reasonable hourly or flat fees typical for Halton Region. Ask for an estimate upfront.
  • Title insurance: recommended. Cost is a one-time premium dependent on purchase price.
  • Land Transfer Tax: Ontario provincial LTT applies, and Toronto has its own; Milton buyers should budget accordingly for provincial LTT and potential rebates for first-time buyers.

Practical checklist for closing day — Milton edition

  • Confirm lawyer has cleared mortgage conditions and has instructions from lender
  • Have certified funds ready and verify the exact amount with your lawyer
  • Bring photo ID and SIN (for reporting and final documentation where required)
  • Do a final walkthrough the day before closing if possible
  • Confirm keys pickup or transfer instructions with your realtor and lawyer
  • Ensure utilities and mail forwarding are arranged
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Why local experience beats national promises

National firms can be competent, but local lawyers know local quirks: Halton tax cycles, municipal requisition timing, how the local Land Registry Office handles matters, and common title issues in Milton neighborhoods. That knowledge shortens the timeline and reduces costs.

Final note — a short statement on liability and authority

Realtors are essential and handle the Agreement of Purchase and Sale, but only licensed lawyers and paralegals prepare, finalize, and register legal closing documents in Ontario. Lenders prepare mortgage instruments. Title insurers may require additional documents. If you want reliable closings in Milton, hire a lawyer who knows the local system.


Frequently Asked Questions — Closing Documents in Milton, Ontario

Who ultimately signs and registers the Transfer/Deed of Land?

The buyer signs the Transfer/Deed of Land in the presence of their lawyer or paralegal. The buyer’s lawyer registers the deed electronically with the Land Registry Office.

Can a realtor prepare or sign closing legal documents in Ontario?

No. Realtors prepare offers and amendments but cannot prepare or register legal documents like deeds or mortgages. Only licensed lawyers or paralegals handle those tasks.

How long before closing should I hire a lawyer?

Hire your lawyer immediately after the Agreement of Purchase and Sale is signed. Ideally within 24–48 hours. Early engagement prevents last-minute delays.

What if the mortgage lender issues new conditions before closing?

Your lawyer must clear lender conditions before registration. Good lawyers anticipate common lender requirements and resolve them early. If new conditions arise late, the lawyer works with the lender and the other side to avoid missed closings.

Who prepares the Statement of Adjustments?

The buyer’s or seller’s lawyer usually prepares the final Statement of Adjustments. It summarizes prorated property taxes, utilities, condo fees, and other credits or charges.

What documents should I bring to the lawyer’s office to sign?

Bring government-issued photo ID, proof of funds (bank draft or verified bank transfer info), and any previously requested documents from your lawyer. If buying with a mortgage, bring mortgage commitment documents provided by the lender.

Do I need title insurance in Milton?

Title insurance is strongly recommended. It protects against title defects, fraud, and registration errors. The cost is a one-time premium and is often worth the peace of mind.

What happens if there’s a delay on closing day?

If a delay occurs, lawyers negotiate a new closing time or date, and may document an extension to avoid breach. Delays can result from lender issues, funds transfer problems, or unresolved title defects.


If you want a smooth, on-time closing in Milton, talk to a proven local realtor who coordinates with trusted local lawyers. For reliable advice and a local team that closes on time, contact Tony Sousa: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca

If you’re looking to sell your home, it’s crucial to get the price right. This can be a tricky task, but fortunately, you don’t have to do it alone. By seeking out expert advice from a seasoned real estate agent like Tony Sousa from the SousaSells.ca Team, you can get the guidance you need to determine the perfect price for your property. With Tony’s extensive experience in the industry, he knows exactly what factors to consider when pricing a home, and he’ll work closely with you to ensure that you get the best possible outcome. So why leave your home’s value up to chance? Contact Tony today to get started on the path to a successful home sale.

Tony Sousa

Tony@SousaSells.ca
416-477-2620

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