What does the seller’s lawyer do?
What would your seller’s lawyer do on closing day? Read this — and stop guessing.
Quick, Straight Answer
Your seller’s lawyer makes sure the sale closes clean, legal, and on time. They clear the title, calculate adjustments, discharge mortgages, register documents, handle unusual legal issues, and get you your money. In Milton, Ontario, that means dealing with Halton Region taxes, condo status certificates when needed, local Land Registry procedures, and Ontario conveyancing rules.
Why this matters (no fluff)
You want the highest net proceeds and zero legal headaches after closing. The buyer’s lawyer has demands. The lender has rules. The municipality has arrears and tax adjustments. The seller’s lawyer neutralizes risk, fixes surprises, and closes the gap between offer and cash-in-hand.
The timeline — what a seller’s lawyer does, step-by-step
- Review the Agreement of Purchase and Sale: confirm closing date, chattels included, deposit handling, conditions, and any vendor obligations.
- Perform title and lien searches: find mortgages, HELOCs, judgments, or utility liens that must be cleared.
- Obtain mortgage discharge statements: get exact payoff figures and early payment penalties.
- Prepare the deed/transfer documents: draft the Transfer/Deed to be registered at closing.
- Prepare and finalize the Statement of Adjustments: prorate property taxes, utilities, condo fees, and any other seller-paid items.
- Address buyer’s requisitions: resolve title issues the buyer’s lawyer raises before closing.
- Coordinate with the buyer’s lawyer and lender: confirm documents, wiring instructions, and closing amounts.
- Register documents on closing day: use Ontario’s land registry (Teraview) to register the transfer and discharge.
- Distribute funds: pay off mortgages, fees, commissions, and deliver net proceeds to you.
Before listing: how a seller’s lawyer prepares you in Milton
A local seller’s lawyer helps you spot legal blockers early. That means:
- Checking the certificate of title for outstanding registrations (mortgages, liens, easements).
- Confirming there are no unregistered agreements that could affect saleability.
- Advising on required municipal clearances or unpaid local charges in the Halton Region (e.g., property tax arrears).
- Reviewing condo documentation if the property is a condominium (status certificate, reserve fund, special assessments).
This is not optional if you want a fast, profitable sale.
Condo sales in Milton — what changes
If you’re selling a condo in Milton, your lawyer orders the status certificate and reviews it for:
- Registered rules and bylaws that affect the buyer.
- Outstanding common expenses or special assessments.
- Any pending litigation against the condo corporation.
Buyers’ lawyers read that certificate with a fine-tooth comb. Expect questions and potential conditions. Your seller’s lawyer answers them and pushes closing through.
Money talk: statement of adjustments and payouts
The Statement of Adjustments is the math worksheet that determines who pays what on closing day. Your lawyer calculates:
- Property tax adjustments (town of Milton/Halton Region prorations).
- Utility account adjustments.
- Condo fees and common expense adjustments.
- Mortgage payoff and discharge costs.
- Real estate commissions and closing fees.
Accuracy matters. A small error delays closing.
Title problems and how your lawyer fixes them
Common title issues that slow or stop closings:
- Old mortgages or second charges not listed in the seller’s records.
- Judgments, liens, or writs against the property.
- Easements or right-of-way entries that weren’t disclosed.
Your lawyer negotiates payoffs, registers releases, or clears requisitions. They also handle urgent title crime discoveries — like forged transfers — and escalate to insurance claims when needed.
New builds and HST — what sellers must know
If you’re selling a newly built home or a property where HST applies, your lawyer explains HST liabilities or adjustments and ensures proper treatment on closing. While HST often affects the buyer, the seller may have reporting duties, rebates to pass on, or contractual HST clauses to satisfy.
Closing day in Milton — the practical flow
- Final figures confirmed with buyer’s lawyer and lender.
- Seller’s lawyer receives wiring instructions and prepares documents to register.
- Lender issues mortgage discharge statement; buyer’s lawyer arranges funds.
- The transfer and discharge are registered electronically with the Ontario land registry.
- Funds flow: mortgages are paid, fees are settled, net proceeds disbursed to seller.
- Keys and possession exchanged per the Agreement.
This all happens within hours. If documents are missing or requisitions exist, the closing can stall.
Why a local Milton lawyer matters more than a generic firm
Local lawyers know the players: Milton’s municipal offices, Halton Region tax procedures, local lenders, and typical title issues in the area. That local context saves time and money.
Choose a lawyer who regularly handles closings in Milton and has proven relationships with local lenders and the land registry staff. That’s the difference between a smooth close and a week of calls and wire delays.
How a good seller’s lawyer protects your money and liability
- Verifies buyer funds and clears registration issues before surrendering keys.
- Ensures all debts secured by the property are paid at closing.
- Confirms the transfer is registered so the property is legally in the buyer’s name.
- Keeps copies of closing documents and registers the discharge to prevent future claims.
When disputes pop up after closing, your lawyer’s documentation is your defense.
Costs — what you’ll pay a seller’s lawyer in Milton
Fees vary. Typical costs include:
- Fixed legal fee for closing services.
- Disbursements (title searches, registration fees, courier, status certificates for condos).
- Payoff and discharge processing fees charged by lenders.
Ask for a written estimate. Expect competitive rates if the lawyer handles many Milton closings.
Common closing day traps and how the seller’s lawyer stops them
- Buyer financing falls through: seller’s lawyer confirms whether deposits are released or further steps are needed.
- Missing mortgage discharge: lawyer pursues lender and arranges emergency payoffs.
- Property liens discovered: lawyer negotiates releases or escrow arrangements.
- Incorrect adjustment calculations: lawyer fixes numbers and negotiates shortfalls.
The lawyer’s role is to anticipate these traps and remove them before closing.
Choosing the right seller’s lawyer — checklist for Milton sellers
- Regularly closes deals in Milton and Halton Region.
- Has strong lines to major lenders and local registries.
- Communicates clearly and provides a written fee estimate.
- Knows condo law if you’re selling a condo.
- Offers a single point of contact on closing day.
Make them explain exactly how they’ll handle mortgage payoffs and the timeline for registration.
Final note — don’t leave legal work to the last minute
Start your lawyer process as soon as you have an accepted offer. Every day you wait increases the chance of title issues or last-minute hold-ups.
If you want a local team that closes clean and fast in Milton, contact Tony Sousa — Milton realtor who coordinates with top local lawyers and ensures you’re prepared. Email: tony@sousasells.ca | Call/Text: 416-477-2620 | https://www.sousasells.ca
FAQ — Seller’s lawyer and legal paperwork (Milton, ON)
Q: Does the seller pay for the lawyer in a typical Milton sale?
A: Yes, the seller hires and pays their own lawyer. The seller’s lawyer handles payoffs, adjustments, and the transfer.
Q: Who pays the land transfer tax in Ontario?
A: In Ontario, the buyer pays provincial land transfer tax. Toronto and some municipal areas may have extra charges; Milton does not charge municipal LTT.
Q: How long before closing should I contact a lawyer?
A: Contact your lawyer as soon as you have an accepted offer — ideally within 24–48 hours. Early engagement reduces last-minute obstacles.
Q: What is a status certificate and who orders it?
A: For condos, the seller or seller’s agent orders a status certificate from the condo corporation. The seller’s lawyer reviews it and answers buyer’s lawyer questions.
Q: What if there’s an outstanding mortgage?
A: The seller’s lawyer obtains a mortgage discharge statement and pays the mortgage off at closing from sale proceeds.
Q: Can a buyer delay closing for legal reasons?
A: Buyers can delay only if the Agreement allows (conditions not met) or if legal requisitions aren’t cleared. A seller’s lawyer works to resolve requisitions quickly.
Q: Are HST issues common for Milton sellers?
A: HST applies mainly to new builds or commercial sales. Most resale homes in Milton aren’t subject to HST, but consult your lawyer to confirm.
Q: How long does registration take in Ontario?
A: Registration with the land registry is usually electronic and occurs the same day if documents are correct and funds are in order.
Q: Can the seller keep copies of closing documents?
A: Yes. Your lawyer will provide copies and keep records. Keep them for at least 7 years for tax and legal reasons.
Q: What should I bring to my lawyer before closing?
A: Provide ID, mortgage account details, keys, garage openers, and any signed affidavits or condo documents you’ve been given.
If you’re selling in Milton and need a reliable, local team to manage legal paperwork and close on time, contact Tony Sousa: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
