Be careful how you choose a real estate lawyer in London, Ontario, when buying a house or a condo. Please use this as a guideline; I am a Realtor, not a lawyer.
A real estate lawyer’s role in purchasing a house or condo involves more time than that in a sale. The purchaser’s lawyer does most of the heavy lifting—or should!
The purchaser’s lawyer’s role is to protect you, the buyer, throughout the transaction. To ensure that you obtain a good title to your new property. Traditionally, the purchaser’s lawyer also represents your mortgage lender’s interests in preparing and registering the documents in accordance with your mortgage commitment. At the end of the transaction, you and the lender each receive a report from your lawyer.
When should I get a real estate lawyer?
As soon as you have an Agreement of Purchase of Sale. Your lawyer can begin preparing documents and conducting the time-sensitive searches needed.
How do you select a lawyer?

Ask your family and friends to recommend a lawyer who has given them good service. Or, ask your Realtor for a list of reliable real estate lawyers. At this stage, many first-time buyers make the mistake of asking how much. Unfortunately, they think the lowest price is all that matters! Remember, this is your home, get it done right the first time and protect yourself!
You want a law firm that provides good advice. Why would you accept poor advice to save $200.00 on a purchase of $500,000.00 or more? Use the initial interview to assess the law firm for basic courtesy and professionalism and to probe for information:
If I retain your firm, what exactly are the next steps?
What is the lawyer’s experience?
Will I meet the lawyer personally?
When?
Will you keep me informed as the transaction progresses?
May I phone you occasionally for progress reports or advice?
When will you tell me about the final closing costs?
When do you require me to bring in the funds?
Sign the papers?
How soon after closing will I get my reporting letter?
LEGAL FEES, DISBURSEMENTS, “ADJUSTMENTS,” CLOSING FUNDS.
Your lawyer should quote a block fee for all professional services related to the transaction. Expect this figure to be firm unless something unusual happens, such as a Court application. Your lawyer should also estimate the disbursements, which are the lawyer’s expenses over and above fees.
Disbursements include a Title Insurance premium, the cost of a title search, government registration charges, Land Transfer Tax, HST, courier charges, and other related costs.
Your lawyer can also prepare you for adjustments to the closing. Here are two examples of “Adjustments”:
The seller has paid municipal taxes for the entire calendar year, and your purchase closes on July 1; therefore, at closing you owe the vendor a reimbursement of one-half of the year’s taxes.
The seller paid the condo fees a month in advance.
Or consider the following: it is not strictly an “adjustment,” but rather an additional closing cost that may be an unpleasant surprise: you have selected a high-ratio mortgage with mortgage insurance to protect the lender; the lender deducts the insurance premium from the mortgage, reducing the available funds for closing.
If you do not require a mortgage, your lawyer will ask you to bring a certified cheque or bank draft the day before closing, covering the lawyer’s fees, disbursements, and the balance due on closing. Those funds are placed in the lawyer’s trust account.
In most transactions, the mortgage holder transfers the funds to the seller’s lawyer’s account.
What Does a Buyer’s Lawyer Do?
Your Realtor should have read and explained all the Agreement of Purchase and Sale clauses to you, including important dates and what you may be required to tend to. Your lawyer will look primarily for clarity in the conditions inserted to protect you in the Purchase and Sale Agreement.
Some purchases may be contingent on a satisfactory property inspection and mortgage financing (even if you have a pre-approved mortgage, the lender may still want to appraise the property). Your lawyer will request and examine the status certificate if it is a condominium.
Every rural purchase should be conditional upon proof of potable water and a legal septic system. Each condition should specify the fulfillment time, whether it may be waived, the notice required if the condition is satisfied or waived, and the consequences.

Time is vital in a real estate transaction.
Be sure you or your Realtor gives your lawyer a copy of the Agreement of Purchase and Sale along with any waivers, fulfillments and amendments as soon as possible.
Your lawyer will arrange Title Insurance. (Great link explaining title insurance from the Financial Services Commission of Ontario) Title Insurance is not a substitute for a title search, which your lawyer must perform. Title Insurance aims to give you insurance protection for title defects that your lawyer might have missed and any other defect that a title search, such as a survey problem or a technical violation of a zoning by-law, would not typically reveal.
You pay a one-time premium on closing. In most cases, the Title Insurance premium cost is more than offset by the expense of searches your lawyer will not have to perform because the potential problems are insured.
The most notorious disbursements, made unnecessary by Title Insurance, are the fees formerly charged by a municipality to issue a letter confirming that it has no record of a zoning or property standards violation on your property.
Your lawyer will prepare the closing documents, including the transfer (deed) and the mortgage. In London, deeds and mortgages are created and registered electronically rather than on paper. That means the “closing” will occur in your lawyer’s office, not the Land Registry Office.
The money and keys are exchanged between the vendor’s and purchaser’s lawyers by courier under an “escrow” agreement. Your lawyer can give you the keys only after the electronic registrations are complete. The funds are in the vendor’s lawyer's hands—usually by the mid-afternoon closing date.
WHAT IS A SURVEY, AND DO I NEED ONE? WHO PAYS FOR IT?
In a real estate purchase, the only “survey” that counts is one signed and sealed by an Ontario Land Surveyor. This shows the boundaries of your property, along with the locations of buildings, fences, and other physical features. If you have retained the surveyor and paid his professional fee, you have a claim against the surveyor for any inaccuracy. An engineer’s sketch is not a survey nor a copy of the subdivision plan.
For most new construction, relatively new resale houses, and properties created by severing an existing building, a survey document is likely available and may provide helpful information if you need additional legal protection.
Many people will tell you that a survey is unnecessary because of Title Insurance. This is partly true—if you have Title Insurance, your mortgage lender will not require a survey. But remember that you have a greater personal and legal interest in the property than your lender does. Knowing exactly where the foundation and fences are related to the lot lines before buying the house may benefit you, not after trouble arises.
Your best protection is a new survey prepared for you by an Ontario Land Surveyor who reports to you and to whom you pay a professional fee. The lesser and cheaper protection is for the seller to give you whatever survey they have, “updated” by an affidavit prepared by your lawyer. The seller declares that the property has not changed since the survey date. You may find this sufficient to convey helpful information, though you may have no recourse if it is inaccurate. You may decide not to survey if you have title insurance.
Whether you choose to incur the expense of a new survey is your decision.
Insurance.
“Insurance” will come in many forms upon your purchase. Your lender will require you to obtain fire and other perils insurance for the property and provide proof before closing. Ask your Insurance Broker for a “Binder Letter”. The policy should list you as the owner and your mortgage lender as the first mortgagee.
If you have a high-ratio mortgage, Mortgage Insurance (CMHC) will protect your lender against default, and you will pay a significant premium, typically deducted from your mortgage.
Mortgage Life Insurance has obvious benefits – it may be a great relief to you or your dependents if your mortgage is repaid upon your death or that of a co-mortgagee. However, it would help to compare the premium rates your insurance broker charges for ordinary term insurance before deciding whether to accept the mortgage lender’s group insurance plan.

Definitions
Adjustments. Your purchase price is “subject to the usual adjustments,” which you should review with your Realtor and lawyer to avoid surprises.
Agreement of Purchase and Sale. This is the Offer to Purchase document for your transaction, prepared by your Realto. Once signed by both parties, it becomes a contract that binds both of you.
Disbursements. These are transaction expenses in addition to legal fees. They may include:
Title Insurance premium.
the cost of a title search,
government charges to register documents,
Land Transfer Tax,
HST if applicable
Whatever the lawyer wants to charge ( I had to add that, I’ve seen it in a few cases).
Closing Date. The date stipulated in the Purchase and Sale Agreement for the purchase to be completed. Your money is exchanged for the possession (keys), and the documents are registered. Remember that the closing may occur at any time during that day. Discuss this with your lawyer to know when to expect the keys.

Note:
Get legal advice from a lawyer. Get real estate advice from a Realtor!
Over the years, I have worked with more than 100 lawyers in London. When my clients request a referral, I typically provide 2-3 names to choose from. I am prompt, on time, dot the i’s and cross the t’s. I expect the law firm to do so.
Buying or selling a home can be stressful, especially when you’re unsure how efficient or thorough your lawyer is. After a successful offer acceptance, we forward and submit the paperwork to your lawyer at no extra charge. We follow up to ensure the lawyer and their staff are aware of essential dates and conditions. We also pay for a condominium status certificate to expedite the transaction and forward it to your lawyer.
I have always said purchasing or selling is easy; the detailed follow-up separates a top-notch Realtor from the masses!










