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Ontario Real Estate Sale Lawyer

Sell a home in Ontario. Get your net proceeds clean.

Quick answer

A real estate sale lawyer handles the legal side of your Ontario home sale. Khan Law reviews your Agreement of Purchase and Sale from the seller side, coordinates mortgage discharge with your lender, prepares the Statement of Adjustments, clears liens and charges from title, receives the sale funds in trust, and delivers your net proceeds. The fee is 999 flat, quoted in writing before the file opens. Most sales close in 21 to 35 days from signed agreement.

Updated April 2026. Fees and Ontario discharge rates current as shown.
★★★★★ 4.9 across 412 reviews LSO Licensed 97 percent on time in 2025
Ontario home sale closing with Khan Law real estate lawyers
CHAPTER 01 / SCOPE

What the 999 sale fee actually covers.

Every task on your file is handled by a named Khan Law lawyer. Nothing is outsourced. The engagement letter lists every deliverable below.

01
Seller APS review

Agreement of Purchase and Sale reviewed from the seller perspective. Conditions tracked. Extensions and amendments documented. Every clause that affects your proceeds flagged in writing.

Proceeds risks flagged early
02
Title and discharge prep

Title pulled. Every charge on title identified. Payout statements ordered from every lender, secured creditor, and lien holder. No surprises at closing.

Every charge identified day one
03
Mortgage discharge coordination

Payout statements reviewed for break penalty and administration fees. Discharge registered post closing. Direct funding coordination with the big six banks for same day release.

Same day discharge bridges
04
Statement of Adjustments

Property tax, utilities, condo fees, rent rolls, and any prepaid items prorated. Final net proceeds number emailed three to five days before closing so you can plan the transfer.

Net proceeds in writing early
05
Signing appointment

Thirty minute appointment in person or remote under Ontario Regulation 431 slash 22. Spousal consent executed where the property is a matrimonial home.

In person or remote available
06
Net proceeds delivery

Sale funds received in LSO trust. Every charge and commission paid out. Net proceeds wired to your account same day or next business day. Full reporting package within 20 business days.

Wired same day or next morning
CHAPTER 02 / NET PROCEEDS

Know your net proceeds before you sign.

Sale price minus real estate commission, mortgage payout, legal fees, property tax adjustment, and discharge costs. Real numbers pulled from the same schedule Khan Law applies on your file.

This is an estimate. Your actual net proceeds depend on the exact payout statement from your lender and the final Statement of Adjustments signed by both sides.

Updated April 2026. Includes break penalty estimate where provided.

Net proceeds to you at closing
$0
Sale price
Less commission plus HST
Less mortgage payout and break penalty
Less discharge and admin fees
Less legal and disbursements
Property tax adjustment
Numbers close. Confidence higher.
Book a 15 minute call
CHAPTER 03 / FIXED FEE BREAKDOWN

Every line. In writing.

Line by line estimate for a standard 850000 Oakville sale with one mortgage to discharge. Khan Law sends your personalized version three to five days before closing.

Line itemAmountPayable toNotes
Legal fee$999Khan LawFixed flat, sale file.
HST on legal fee$130Canada Revenue Agency13 percent on the fee.
Discharge registration$100TeraviewPer discharge registered.
Lender discharge fee$275Your lenderPass through, varies 200 to 395.
Mortgage break penalty$0 to $12,000+Your lenderIRD or three month interest, lender dependent.
FINTRAC and courier$75Khan LawStatutory ID and closing package.
Real estate commission$34,000Your brokerage4 percent plus HST on an 850000 sale.
Property tax adjustmentCredit or debitBuyerDepends on closing month. Can favour either side.

Numbers based on an 850000 Oakville sale with a 425000 mortgage carried by a major bank and a 4 percent listing commission. Your file rates apply at the time the engagement letter is signed.

CHAPTER 04 / SALE FAQ

Questions sellers ask us.

Do not see your question. Ask a Khan Law lawyer directly, answers within one business day.

Ask a lawyer
What does a real estate lawyer do for a seller

A Khan Law seller lawyer handles every legal task between your signed listing and your net proceeds arriving in your account. That includes reviewing the signed APS, pulling title and payout statements, coordinating mortgage discharge, preparing the Statement of Adjustments, receiving sale funds in trust, paying out commissions and charges, and delivering your net proceeds with a full closing report. Your listing agent cannot do any of this legally in Ontario.

When will I receive my net proceeds

Same day or next business day after closing, directly wired to your account. Khan Law receives sale funds from the buyer lawyer in the morning, clears commission and mortgage payout, and releases your net proceeds that afternoon or the following business morning. No funds held hostage, no delayed settlement.

What if my mortgage payout is higher than expected

This is the most common seller surprise. Break penalties on fixed rate mortgages can be 2000 to 20000 depending on the remaining term and the rate differential. Khan Law orders your payout statement at file open so the number is known five plus days before closing. If the penalty is a shock, there is still time to make informed decisions.

Do I need to pay HST on my home sale

On a typical owner occupied resale home, no HST applies. HST applies on new construction, substantially renovated homes, and homes used primarily for commercial or short term rental income. If you are unsure which category your home is in, ask at the 15 minute call and Khan Law will walk you through it.

How is real estate commission calculated and paid at closing

Commission is the percentage in your listing agreement plus HST, paid from sale funds at closing. On an 850000 sale at 4 percent total commission, that is 34000 commission plus 4420 HST, totalling 38420 out of sale proceeds. The buyer agent share is paid through the listing brokerage. Khan Law coordinates payment with your brokerage so there is no gap.

What happens to my property taxes at closing

Property tax is prorated to the closing date. If you prepaid taxes beyond closing day, the buyer credits you for the excess in the Statement of Adjustments. If you are behind on taxes, the shortfall is deducted from your net proceeds. Khan Law calculates the exact amount and confirms with the city five to ten days before closing.

Can I sell if my spouse is not on title

If the home is a matrimonial home under the Ontario Family Law Act, spousal consent is required on the Transfer even where only one spouse is on title. This applies to every matrimonial home in Ontario regardless of title structure. Khan Law reviews your situation at file open and prepares the consent form. Missing this is a frequent cause of closing day delays.

What if the buyer backs out

Depends on whether the APS was firm or still conditional. If conditional and the buyer has not waived, they can walk with their deposit returned. If firm, the buyer is in breach and the deposit is typically forfeit, plus damages may be available. Khan Law has handled dozens of buyer breach scenarios and will walk you through the options the day it happens.

Do I need to be present at closing

No. Signing happens three to seven days before closing, in person or remote. On closing day itself you do not need to do anything. Khan Law handles the registration, receives funds, pays the charges, and wires your net proceeds.

What happens if I have a tenant in the property

Residential Tenancies Act applies. If your tenant is under a residential lease, the sale does not automatically terminate the tenancy. The buyer either assumes the tenancy or obtains vacant possession through proper N12 notice served by the buyer with full statutory compensation. Khan Law flags this at file open so the APS reflects reality.

Do I need a new survey or title insurance

Not typically. The buyer usually obtains their own title insurance policy. You do not need a new survey unless the APS requires one. If title insurance was obtained when you bought the property, it remains your protection against pre ownership claims.

What does the Khan Law 999 sale fee not include

Legal time is included in 999. Not included: discharge fees paid to the lender (pass through), registration fees paid to Teraview, HST on legal, real estate commission paid to your brokerage, mortgage break penalty paid to your lender, FINTRAC and courier disbursements. Every one is itemized before the file opens.

Net proceeds question. Answer in 15 minutes.
Book a 15 minute call
CHAPTER 05 / THE CLOSING JOURNEY

From firm sale to funds wired.

Most sales close in 21 to 35 days from firm agreement. Twelve steps across four phases. Every step is marked with who owns it.

Phase 01
Preparation
Days 1 to 3
01
File opened
Signed APS and listing agreement received. Engagement letter issued within 24 hours.
Khan Law
02
ID and conflict check
All sellers on title identified. LSO conflict screen completed.
Both
03
Payout statements requested
Retainer confirmed. Payout statements requested from every lender and secured creditor on day one.
Khan Law
Phase 02
Title and discharge
Days 4 to 14
04
Title pulled
Every charge, lien, and encumbrance identified.
Khan Law
05
Payout statements received
Statements received from each lender. Break penalties confirmed.
Khan Law
06
Spousal consent prepared
Consent executed if the property is a matrimonial home under the Family Law Act.
Both
07
Requisition coordination
Coordination with buyer lawyer on requisition responses and title clearances.
Khan Law
Phase 03
Funding
Days 15 to 21
08
Statement of Adjustments
Drafted with seller prorations for property tax, utilities, condo fees, rent rolls.
Khan Law
09
Net proceeds confirmed
Net proceeds figure confirmed with the seller three to five days before closing.
Khan Law
10
Signing appointment
Transfer and any discharges signed in person or remote.
Both
Phase 04
Closing
Days 21 to 35
11
Funds received
Funds received from buyer lawyer. Transfer registered in Teraview.
Khan Law
12
Payouts and net proceeds wire
Commission paid to brokerage. Mortgages paid out. Net proceeds wired to seller. Discharges registered post closing.
Khan Law
CHAPTER 06 / COMMON PITFALLS

Five things that catch sellers.

Each of these is avoidable with a lawyer engaged early. All five are screened at file open at Khan Law.

01

Mortgage break penalty surprise

On a 2021 five year fixed rate mortgage at 2 percent, selling in 2026 can mean a break penalty of 15000 to 25000 under the interest rate differential formula. Khan Law orders the payout statement at file open so the number is known five plus days out.

02

Forgotten secondary charges

HELOC, second mortgage, and writ of execution are the three most common charges sellers forget are on title. Every one has to be paid and discharged at closing. Khan Law runs the full title search within 48 hours of file open.

03

Missing spousal consent

Matrimonial home sales require consent from a non title spouse under the Ontario Family Law Act. Missing this on closing day pulls the transfer. Khan Law confirms marital status and consent requirements at the first intake call.

04

Tenant not properly vacated

Residential Tenancies Act governs. N12 notices not served properly by the buyer result in the tenant staying. The seller can be liable for damages if vacant possession was promised. Khan Law reviews tenancy clauses at APS review.

05

Property tax arrears

Municipal tax arrears beyond the current cycle must be paid out of net proceeds. A forgotten 2023 supplemental can reduce net proceeds by 2000 to 6000. Khan Law confirms tax status with the city before closing.

CHAPTER 07 / DOCUMENTS YOU NEED

Your seller closing checklist.

Every document you need on hand before closing. Seven document types with exact field lists.

Khan Law · KL 003
Ontario Home Seller Closing Checklist
EDITION2026
Checklist · Free PDF

Your seller closing checklist.

Every document you need on hand before closing. Mortgage statements, insurance, tenant files, spousal consent. Seven document types with exact field lists.

11 pagesPDF · 1.8 MBUpdated April 2026

Khan Law sends the checklist and nothing else. No newsletter, no sales follow up.

CHAPTER 08 / THE CORPORATE AND TRUST SELLER
Corporate sellers

Selling through a HoldCo, numbered company, or family trust.

Selling property held in a corporation or family trust changes three things. HST may apply on properties that were substantially renovated, used commercially, or held in inventory. Capital gains treatment differs from personal sales and may not qualify for the principal residence exemption. Corporate structure winding up may be tax triggered by the sale. Khan Law coordinates with your accountant at file open.

  • HST on corporate property sales
  • Principal residence exemption does not apply to corporate holdings
  • Capital gains and winding up coordination
See our corporate clients services
CHAPTER 09 / MEET YOUR LAWYER
Shahid Iqbal, founding real estate lawyer at Khan Law
Licensed since
2008
Law Society of Ontario · in good standing

A note from your sale lawyer.

Selling a home is rarely only a transaction. It is often tied to a move, a separation, an estate, or a business decision. Khan Law treats every sale file with that context in mind.

You will have a named lawyer returning your calls within one business day. You will see your net proceeds number in writing five plus days before closing. You will not discover a second mortgage or a tax arrears at the signing table.

Three commitments in every Khan Law sale engagement letter. Transparent fee. Accurate net proceeds estimate. On time discharge.

Shahid Iqbal
Shahid Iqbal · Founding real estate lawyer · Khan Law
Bar call 2008 Osgoode Hall alum English · Urdu · Punjabi 4,100 files closed
CHAPTER 10 / IN THEIR WORDS
★★★★★
Sold a tenant occupied duplex in Hamilton. Khan Law navigated the RTA properly, made sure the tenant stayed protected, and the sale still closed on time.
Priya Ramesh · Investment property sale · Hamilton · closed February 2025
★★★★★
Matrimonial home sale during separation. Kept both sides informed, coordinated consent, net proceeds split cleanly into two accounts the same day.
Client name withheld by request · Separation sale · Mississauga · closed May 2025
★★★★★
Second home in Muskoka, non resident tax question, HST question, capital gains question. Khan Law coordinated with our accountant and handled all three. Cleaner close than our first sale twenty years ago.
Robert Chen · Second home sale · Muskoka · closed August 2025
CHAPTER 11 / RELATED TERMS AND TRANSACTIONS
Ready to close

Your sale deserves a lawyer who will answer the phone.

Whether your closing is tomorrow or ninety days away, the conversation starts with a call.

Same business day response · Seven days a week near closing dates