What does the seller’s lawyer do?
Want to avoid closing day chaos? Here’s exactly what your seller’s lawyer does—and why you need one.
Simple answer up front
A seller’s lawyer handles the legal side of a property sale: review and finalize the purchase agreement, clear title issues, prepare closing documents, calculate adjustments, and ensure funds and mortgages are handled correctly. They protect the seller from legal and financial risk during conveyancing.
Step-by-step: What a seller’s lawyer does
- Review and approve the purchase agreement: Ensures terms match what you agreed to with your realtor and flags risky clauses (closing date, conditions, refunds, buyer obligations).
- Title search and clearances: Confirms the property title is free of liens, easements, or unknown charges. If problems exist, the lawyer resolves them or advises you on next steps.
- Prepare closing documents: Drafts the deed/transfer of title, statement of adjustments, and any affidavits or releases needed for closing.
- Mortgage payoff and discharge: Contacts your lender, obtains a payoff statement, and prepares the mortgage discharge to remove the lender’s interest at closing.
- Calculate financial adjustments: Prorates property taxes, utilities, condo fees, and HST (if applicable) so both buyer and seller pay their fair share.
- Coordinate funds and closing day logistics: Receives buyer’s funds, pays out your mortgage and closing costs, and arranges for lawyer-to-lawyer transfer of title and keys.
- Issue final closing statement and register documents: Registers the transfer with land records and provides you a clear final statement showing net proceeds.
- Handle post-closing issues: Resolves title defects, withheld funds claims, or adjustments if errors arise after closing.
Documents the seller’s lawyer prepares or reviews
- Agreement of Purchase and Sale (review)
- Statement of Adjustments
- Transfer/Deed of Land
- Mortgage Discharge Documents
- Certificate of Compliance or Condo Status Certificate (if needed)
- Closing Statement and Settlement Letters
Practical timeline and costs
- Timeline: Most work happens between firming the offer and closing (usually 1–4 weeks). Title search and mortgage discharge can add time.
- Fees: Expect legal fees + disbursements. Fees vary by region and complexity. Ask for an itemized quote at first contact.
Why a seller’s lawyer matters (short and direct)
Selling a home without a lawyer risks costly title problems, incorrect payouts, or missed legal deadlines. A lawyer turns legal complexity into predictable steps so you get your sale closed cleanly and your proceeds protected.
Quick tips before you sign
- Share the full offer and all addenda with your lawyer immediately.
- Provide mortgage details and past survey deeds early.
- Ask for an itemized quote and expected closing net.
Need a strong realtor and local guidance? Contact Tony Sousa — local realtor who works with experienced seller’s lawyers to keep closings smooth and fast.
Tony Sousa — tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
If you want a clear closing checklist or a lawyer referral, email or call now.
