Listing your home is just the beginning of a legal process that, when handled proactively, can make your closing smooth and stress-free.
Once your property hits the market, things can move quickly. Many clients call and ask, “Do I need to do anything legally before we get an offer?” The answer is: yes, there are a few key things.
Review Your Ownership and Title
Before offers arrive, confirm how title is held, is it in your name, jointly with a spouse, or in a corporation?Check for old mortgages, liens, or easements that might cause delays. A quick title search or lawyer review can uncover potential issues early, giving you time to address them long before closing day.
Gather the Key Documents
Buyers (and their lawyers) will likely ask for:
- A recent survey or title plan (if available)
- Permits, warranties, or inspection reports for recent work
- Rental or lease agreements (e.g., for a water heater or furnace)
- Condominium status certificate and bylaws, if applicable
Having these ready not only builds confidence with buyers but also helps avoid last-minute scrambling once a deal is signed.
Review the Listing and Offer Terms Carefully
Your real estate agent manages the marketing and negotiation, but your lawyer should review the Agreement of Purchase and Sale (APS) as soon as possible after it’s signed, especially if it includes conditions, chattels, or custom clauses.
It’s important to confirm that the offer accurately reflects what you agreed to and that there are no hidden surprises like unexpected HST obligations, inclusions/exclusions, or adjustment clauses that could affect your bottom line.
Plan Ahead for Closing
Once the deal goes firm, your lawyer will:
- Order an up-to-date tax certificate and mortgage payout statement
- Prepare the Transfer/Deed of Land and Statement of Adjustments
- Coordinate with the buyer’s lawyer for funds, registration, and key delivery
- This is also the time to confirm vacant possession, access codes, and hand-off details.
Discharging Your Mortgage
If there’s a mortgage on title, your lawyer will pay it off from the sale proceeds and ensure the lender discharges it after closing.
If you’re planning to buy another property soon, let your lawyer and lender know early so that bridge financing or mortgage porting can be arranged without delay.
In short, listing your property is exciting, but it’s also the start of a detailed legal process.
By reviewing title, organizing documents, and having your lawyer involved early, you’ll minimize surprises and keep your deal on track.
If you are thinking of selling, please reach out to Boardwalk Law LLP before or right after you list, our lawyers will ensure your sale is clean, compliant, and stress-free from start to finish. Please contact Brian M. Murphy, Associate Lawyer at [email protected] / 365.747.5687 to book a consultation today.
