Selling a property

The agreement sets the price, dates and conditions. It also sets out what must be in place when the buyer takes possession.

We review or prepare Agreements of Purchase and Sale, including private sale agreements. We explain the buyer’s proposed terms and identify points you may want to clarify before signing.

Terms to check before accepting

• The price, deposit terms, offer expiry and closing date.
• Buyer conditions, notice requirements and the dates for dealing with them.
• Items you’re leaving, fixtures you want to keep and equipment under a rental contract.
• Agreed repairs, credits, access or other promises you must be ready to deliver.
• Whether the buyer expects vacant possession or will take the property with an existing tenancy.
• Anything the parties intend to change by written agreement.

If you’ve already signed

Share the agreement and any amendments or notices through our secure instructions. We’ll review the dates, explain what the agreement requires and assess the available steps if something has changed.

Tell us who owns the property and who will be signing. An estate, company or joint ownership arrangement can affect the documents and timing.

Confirm authority and any required consent

We review the registered ownership and relevant authority documents. Tell us if you’re selling as an estate trustee, on behalf of a corporation or under a power of attorney. A spouse’s consent or another legal basis can be required for the sale of a matrimonial home even when only one spouse is on title.

Deal with registered obligations

We review registered mortgages, liens and other interests relevant to the sale. We respond to title questions from the buyer’s lawyer and identify items that need a payout, discharge, consent or another arrangement.

Flag tax residency early

If a seller is non-resident for Canadian tax purposes, there can be extra steps involving tax clearance or withholding. Raise this early so we can review the closing requirements and coordinate with your tax adviser where appropriate.

The sale price is the starting point. Your expected proceeds depend on adjustments, payouts and the other amounts payable through closing.

Get current payout figures

Tell us about each mortgage or secured line of credit. We obtain the relevant payout statements and arrange required discharges. A payout statement can include interest to a specified date, a prepayment charge or a lender fee.

Review the closing figures

• The deposit credit and the balance the buyer must pay.
• Adjustments for items such as property taxes or condominium common expenses.
• Mortgage payouts, other amounts to be paid at closing and applicable selling costs.
• The proposed distribution of proceeds among the people or entities entitled to receive them.

We explain the statement of adjustments and closing figures, prepare the transfer and supporting documents, and coordinate completion with the buyer’s lawyer.

If another purchase depends on the proceeds

Tell us about both closing dates early. Funds may be needed for your purchase before the sale money is available. We can coordinate the timing within the agreed scope and explain what to confirm with your lender about funding options.

Raise any existing tenancy or promise of vacant possession while there is still time to review the sale terms.

When a tenant lives in the property

For an Ontario rental covered by the Residential Tenancies Act, the tenancy generally continues after the sale. We review the lease, rent and deposit information, and the possession terms in the offer.

When the buyer expects vacant possession

If the buyer wants the property empty at closing, ask us to review that term before you accept it. Tell us who occupies the property and about any notices, agreements or disputes that may affect whether you can deliver vacant possession on time.

Coordinate the handover

We explain when to release keys or access codes and how closing confirmation is communicated. Flag any move-out timing, fixtures to remove, rented equipment or special access arrangements in the agreement.