What does the seller’s lawyer do?
“What does the seller’s lawyer do?” — The truth that will stop closing-day surprises and save you thousands.
Quick answer you can use now
A seller’s lawyer handles the legal steps that move ownership from you to the buyer. They review the Agreement of Purchase and Sale, clear the title, prepare closing documents, calculate adjustments and payoffs, register the transfer, and make sure funds and keys change hands correctly on closing day. In Georgetown, ON they also handle local items like municipal tax adjustments, condo status packages, and coordination with Halton Region timelines.
Why every Georgetown home seller needs a lawyer — not just a signature
You can’t close a real estate sale in Ontario without a lawyer or licensed conveyancer. That’s the law. But good lawyers do more than file papers. They stop legal headaches before they cost you money. They find liens, confirm mortgage payouts, prepare accurate statements of adjustments, check title defects, and make sure your sale meets Ontario’s legal requirements.
If you want a quick, clean closing with cash in your hands on the agreed day, you need a lawyer who knows Ontario law and Georgetown’s local quirks.
What a seller’s lawyer does — step by step
Below is the exact checklist a strong seller’s lawyer completes. If any of these items are missed, the sale stalls, funds don’t flow, or you could be liable after closing.
- Review the Agreement of Purchase and Sale: Confirm terms, closing date, adjustments, conditions, and any special clauses.
- Confirm the buyer’s financing and conditions: Ensure conditions are removed and financing is firm.
- Title search and requisitions: Search for liens, outstanding judgments, mortgages, easements, or legal issues tied to the property.
- Obtain mortgage payoff statements: Request exact amounts and terms for any existing mortgages or HELOCs.
- Prepare the Transfer/Deed documents: Draft and prepare the legal documents required to transfer title to the buyer.
- Coordinate closing funds: Calculate the seller’s net proceeds, arrange for mortgage discharge, and coordinate funds transfer between lawyers.
- Statement of Adjustments: Calculate prorated property taxes, utilities, condo fees, and other items that need adjustment to closing date.
- Register Discharge of Mortgage and Transfer: File all documents with Ontario’s land registry/land titles system to clear title and register the new owner.
- Provide undertakings and account for funds: Ensure all undertakings are fulfilled and funds distributed correctly.
- Advise on legal issues: Explain liability, HST implications (for new builds), and whether additional documents or approvals are needed.
- Deliver closing documents and keys: Ensure buyer receives keys and documents once funds are confirmed.
Local items specific to Georgetown, Ontario
Selling in Georgetown means dealing with Halton Region systems and local utilities. A lawyer familiar with Georgetown will:
- Handle municipal tax adjustments for Halton and coordinate with the Town of Halton Hills taxation office.
- Know local utility providers and billing cycles for accurate adjustments.
- Manage condominium status certificates for Georgetown condos (if applicable) — these documents affect closing timelines.
- Anticipate local title quirks tied to older Georgetown properties, heritage overlays, or unique easements.
If your lawyer hasn’t closed sales in Georgetown recently, expect delays while they learn local procedures.
Common paperwork explained in plain language
Here are the documents you’ll see and why they matter:
- Agreement of Purchase and Sale (APS): The contract. Your lawyer ensures legal language matches the deal.
- Transfer/Deed: The document that transfers title to the buyer.
- Statement of Adjustments: Who owes what on closing day — taxes, utilities, condo fees.
- Mortgage Discharge: Document from your lender confirming the mortgage is paid off.
- Title Search Report: Shows any registered claims or charges against the property.
- Undertaking: A lawyer’s promise to complete a task (e.g., obtain a mortgage discharge) after funds arrive.
- Status Certificate (condos): Shows a condo corporation’s financial and legal state — required for condo sales.
Red flags your seller’s lawyer will catch (and why that matters)
A top lawyer finds issues before closing that would otherwise kill the deal or cost you money.
- Unpaid municipal charges or work orders
- Unregistered mortgages or older mortgage charges
- Easements or encroachments affecting use or value
- Missing or incomplete condo documents
- HST obligations for new or substantially renovated homes
- Title defects or missing grants from historic transfers
If any of these appear, your lawyer negotiates with the buyer’s counsel to resolve them or delays closing until resolved.
How long does this take? Timeline for a typical Georgetown sale
- Accept offer to lawyer review: 24–72 hours.
- Title search, mortgage payoff requests, and document prep: 3–7 business days.
- Clearing conditions and final prep before closing: 1–2 weeks depending on financing and condo docs.
- Closing day registration: Processed same day or next business day, depending on land registry workload.
Delays often come from buyers (financing or lawyers) or unexpected title issues. A proactive seller’s lawyer shortens the timeline.
Costs and what you pay for
Seller-side legal fees in Ontario typically run from $500–$1,500 plus disbursements. Disbursements include title search fees, courier fees, registration fees, and any municipal or bank-related charges. Fees vary by complexity. If there are liens, outstanding permits, or unusual issues, expect higher costs.
A clear, simple sale on a standard Georgetown property will be on the low end. A sale with a condo status package, multiple mortgages, or title issues will cost more.
How the right local realtor and lawyer work together
Your realtor should coordinate with your lawyer from day one. The realtor sets the closing date in the APS; the lawyer verifies it’s realistic. Your realtor gathers documents the lawyer needs: property tax bills, utility bills, condo documents, and payer info for existing mortgages. The lawyer handles legal compliance and registration. Both work for you — one to sell, one to close the legal loop.
A strong local team prevents last-minute surprises and protects your net proceeds.
Quick checklist for sellers in Georgetown before you hire a lawyer
- Confirm your mortgage balance and contact your lender for payoff details.
- Gather property tax bills, utility bills, permits, and condo documents.
- Tell your realtor the closing date and any special conditions.
- Ask the lawyer for a written estimate that includes likely disbursements.
- Ask the lawyer about title insurance and whether it’s needed for your sale.
Choosing the right seller’s lawyer in Georgetown
Look for:
- Proven experience closing sales in Georgetown or Halton Region.
- Clear fee structure and fast communication.
- Good working relationship with local lenders and the municipal tax office.
- Strong track record with title searches and resolving encumbrances.
A lawyer who does many closings in Georgetown will be faster and catch local issues before they become problems.
Final word: Don’t wing the legal side of a sale
Selling a home is a big transaction. Legal mistakes cost money and time. Use a seller’s lawyer who knows Ontario law and Georgetown’s local rules. They protect your proceeds, reduce stress, and make closing day clean.
If you want Georgetown precision and zero surprises, work with a local realtor who has trusted lawyers on speed dial.
Contact for local help
For straight answers and local know-how, reach out: Tony Sousa, Local Realtor — tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
FAQ — Georgetown sellers’ legal questions answered
Q: Can I use a buyer’s lawyer? A: You need separate lawyers. Buyer’s lawyer represents buyer interests. You must have your own lawyer or licensed conveyancer.
Q: Who pays the lawyer fees? A: Typically the seller pays their own lawyer. The buyer pays theirs.
Q: How long before closing should I get a lawyer? A: As soon as your offer is accepted. Early involvement avoids delays.
Q: Will the lawyer deal with my mortgage lender? A: Yes. The lawyer requests payoff statements and arranges discharge on closing.
Q: What if my property is a condo in Georgetown? A: Condo sales require a status certificate. Your lawyer reviews it and confirms any special rules or fees.
Q: What about HST? A: Resale homes are usually exempt. New builds or substantially renovated homes may trigger HST. Your lawyer will advise and may recommend an accountant.
Q: How long does registration take on closing day? A: Usually same day or next business day, depending on the registry and volume.
Q: Will the lawyer handle outstanding permits or municipal orders? A: They’ll identify them and advise on resolution. Some orders must be cleared before closing.
Q: Is title insurance necessary? A: Title insurance protects against unknown title defects. It’s common and inexpensive relative to the risk. Ask your lawyer.
Q: What if the buyer backs out last minute? A: The lawyer reviews the APS and advises on remedies, deposits, and next steps.
Q: Are there local Halton Region fees to expect? A: Expect municipal tax adjustments and potentially water or sewer fees. Your lawyer will calculate these on the Statement of Adjustments.
Q: How much will I net after legal fees and mortgage payoff? A: Your lawyer provides an estimated net proceeds statement before closing.
Q: What documents should I keep? A: Keep copies of the APS, closing statement, discharged mortgage documents, and the Transfer deed for at least several years.
If you want a lawyer recommendation or a free estimate of closing costs for your Georgetown home sale, email tony@sousasells.ca or call 416-477-2620. No pressure. Just clarity and results.
