Real Estate Law in Ontario:
Your Complete FAQ Guide

Legal fees for residential real estate transactions in Peterborough, the Kawarthas, or Ontario can vary. The final cost depends on several factors including the complexity of your transaction, the type of property, and whether you’re buying, selling, or refinancing. Purchases generally cost more than sales because they involve more work — title searches, mortgage reviews, tax calculations, and registration. Refinancing is typically less expensive than a purchase or sale. Disbursements (third-party costs) are additional and include title searches, title insurance, registration fees, and courier costs. These vary by property and transaction type. When you meet with us, we’ll provide a complete breakdown of both our fees and expected disbursements so you can budget accurately.

You should contact a real estate lawyer as soon as your offer is accepted — ideally within 24 hours. In Ontario, you typically have a few days after an offer is accepted to arrange for legal representation. But the sooner you engage us, the better. Early involvement allows us to review your Agreement of Purchase and Sale for any problematic clauses, conduct title searches to identify issues with the property’s ownership or encumbrances, ensure all conditions (financing, inspection, etc.) are satisfied properly and on time, and address any concerns before they become problems. Many of our clients contact us even before they make an offer, which allows us to review the offer terms before it’s signed.

You’ll need your signed Agreement of Purchase and Sale, government-issued photo ID (driver’s licence or passport — must be current), and proof of homeowner’s insurance (required before closing). For financial information, bring a void cheque or banking information for electronic transfers, plus your down payment funds (we’ll tell you the exact amount and method). If you’re getting a mortgage, your lender will send us the instructions directly. Self-employed individuals may need extra ID or documentation. Condominium purchases require the status certificate (usually obtained by the seller). If buying with a partner, both should attend. We’ll review everything, explain each step, answer questions, and outline the timeline to closing.

Bussey Ainsworth has been helping clients with real estate transactions in Peterborough, the Kawarthas, and Ontario for nearly four decades. What sets us apart is our combination of big-city credentials with small-town values. We have particular strength and specialized experience in cottage and recreational property throughout the Kawarthas, Haliburton, and Muskoka regions. We understand the unique legal complexities of waterfront properties including riparian rights and shoreline access, private road maintenance agreements, seasonal vs. year-round occupancy restrictions, septic and well systems in rural areas, and environmental regulations affecting waterfront development. Our clients consistently praise our friendliness, responsiveness, and our ability to explain complex legal matters in plain language.

Yes. Even though you’re not buying or selling, refinancing requires legal work. Your lender will require a lawyer to review and register the new mortgage, discharge the old mortgage from title, conduct a title search, and prepare the required documentation. Refinancing legal fees are typically lower than purchase fees. Some lenders have approved lawyer lists, so check with your mortgage broker or lender about any requirements before choosing your lawyer.

No. In Ontario, the Law Society prohibits a lawyer from representing both the buyer and the seller in a real estate transaction due to the inherent conflict of interest. Each party must have independent legal representation. However, if you’re purchasing a property from a family member in a straightforward, uncontested transfer, there are limited exceptions where one lawyer can act for both parties — only if there’s no dispute, no mortgage complications, both parties consent in writing, and the lawyer is satisfied there’s no conflict.

Most residential real estate transactions in Ontario take 30 to 90 days from the date the offer is accepted to the closing date. Simpler transactions can close in as little as two to three weeks. More complex deals take longer: new construction purchases often take 60–90 days or more, estate sales can take several months, and transactions with multiple conditions may also extend the timeline.

A title search is a review of public land records to verify who owns the property and identify any liens, mortgages, easements, or other registered claims. Title insurance is a one-time insurance policy that protects you against title defects that may not appear in public records — such as survey errors, fraud, unregistered rights of way, municipal work orders, or zoning violations. Most lenders require title insurance, and we strongly recommend it for all buyers.

Joint tenancy means you and the other owner(s) each own the entire property together, with right of survivorship. If one owner dies, their share automatically passes to the surviving owner(s) outside of the estate. This is most common for married couples. Tenancy in common means each owner holds a specific percentage share. If one owner dies, their share becomes part of their estate and is distributed according to their will. This is often preferred by business partners, friends buying together, or family members who want control over who inherits their share.

In most cases, no — a survey is not legally required. However, having a current survey can be very valuable. Lenders sometimes require them (especially for rural properties), title insurance may offer better coverage with a current survey, and they help avoid disputes with neighbours.

On the closing date of a Sale, we receive funds from the Seller’s Solicitor, complete the legal transfer of property ownership, and pay off any existing mortgages and liens. On a Purchase, we receive funds from your Mortgage Company, deposit funds to the Seller’s Solicitor, complete the transfer, and pay registration costs (including Land Transfer Tax). Everything is done electronically. After closing on a purchase, you receive your keys by picking up from our office or using the lockbox code.

A Statement of Adjustments is a detailed accounting document showing all financial adjustments between you and the seller on closing day. It includes the purchase price, deposit, land transfer tax, legal fees, property tax adjustments, utility adjustments, and condominium fee adjustments. We prepare it a few days before closing and review it with you.

Land transfer tax is calculated on a sliding scale: 0.5% on the first $55,000; 1.0% on $55,000–$250,000; 1.5% on $250,000–$400,000; 2.0% on $400,000–$2,000,000; and 2.5% on amounts over $2,000,000. For a $500,000 home, you would pay approximately $6,475. Toronto purchases are subject to an additional municipal land transfer tax. First-time homebuyers may qualify for a refund of up to $4,000.

As a general rule, budget 1.5% to 4% of the purchase price. This includes land transfer tax, legal fees and disbursements, title insurance, home inspection, homeowner’s insurance, property tax and utility adjustments, and moving costs.

Absolutely. Common cottage legal issues include waterfront access rights, private road agreements, seasonal vs. year-round occupancy restrictions, shoreline regulations, septic system compliance, and shared dock or boathouse agreements. Many cottages are in unorganized townships with no municipal services. Download our free Recreational Property Buyer’s Guide for a comprehensive overview.

If your property is accessed by a private road, you almost certainly need a road maintenance agreement. It sets out who’s responsible for maintenance and repairs, snow plowing, cost sharing, and dispute resolution. We always recommend a written, registered road maintenance agreement for any private road access property.

Yes — very different. Key differences include: the builder’s standard form agreement is heavily weighted in the builder’s favour, significant deposits are paid long before closing (often 12–24 months), and closing dates are approximate and often delayed. You have a 10-day cooling-off period. We strongly recommend having a lawyer review the agreement during that period.

Tarion is the warranty administrator for new home construction in Ontario. Coverage includes one year for defects in materials and workmanship, two years for heating, plumbing, electrical, and water penetration, and seven years for major structural defects. Tarion also includes deposit protection up to $20,000 if the builder goes bankrupt.

Yes. Key considerations include water and septic (well water quality, septic inspection), road access (private roads, winter maintenance), zoning and land use restrictions, and agricultural zoning restrictions on severing lots and non-farm uses.

A status certificate provides essential information about the condominium corporation’s financial health and any issues affecting your purchase. It includes the declaration and bylaws, budget and financial statements, reserve fund study, legal actions, special assessments, and insurance certificates. It costs around $100–$150.

Freehold means you own the land and building outright. With a condominium, you own your individual unit while the condominium corporation owns the common areas. You pay monthly condo fees and must follow the corporation’s declaration and bylaws.