A real estate lawyer handles the legal work of buying, selling or refinancing property. They review the agreement, search the title to confirm who owns the property and what claims are registered against it, prepare the closing documents, move the funds and register the transfer. They also act in property disputes, such as boundary and condominium conflicts.
When to speak to a real estate lawyer
- You are about to sign an agreement of purchase and sale, or have just accepted one with conditions.
- You are selling a home and need the sale closed correctly.
- You are refinancing, taking out a mortgage, or adding or removing someone from the title.
- You are buying a condominium and want the documents reviewed.
- A neighbour, builder, seller or buyer is in a dispute with you about the property.
What a real estate lawyer does
- Reviews the purchase or sale agreement and explains its conditions.
- Searches the title and checks for liens, easements and other registered interests.
- Prepares and registers the transfer and mortgage documents.
- Holds and moves the funds on closing day and reports the adjustments.
- Advises on title insurance and on problems that turn up before closing.
How the rules differ across Canada
Property law is provincial, and the process differs. In Quebec, home purchases are normally completed by a notary, so LawDB's Quebec pages cover property disputes handled by lawyers. In other provinces lawyers usually handle closings, and in some provinces notaries do this work too. Land title and registration systems, and the taxes and fees on a transfer, also vary by province.
Questions to ask before you hire a real estate lawyer
- Will you review the agreement before I sign, and what will you check?
- What is your fee, and which costs, such as title insurance, searches and registration, are extra?
- Who at your firm will handle my file and answer my questions?
- What happens if a problem appears with the title before closing?
Frequently asked questions
Do I need a lawyer to buy a house in Canada?
In most provinces a lawyer, or in some places a notary, is involved at closing because the transfer and the mortgage must be properly registered. Even where it is not strictly required, many buyers have a lawyer review the agreement before they sign.
When should I contact a real estate lawyer?
Ideally before you sign. The agreement of purchase and sale sets out your obligations, and it is easier to fix a problem before you are bound by it.
What is title insurance?
A policy, usually paid for once at closing, that protects owners and lenders against certain problems with the title, such as fraud or registration errors. Your lawyer can explain what a policy covers and what it does not.
How do I find a real estate lawyer near me?
Choose your province or city on this page to see the real estate firms LawDB lists there, with their public Google ratings, addresses and phone numbers.