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Real Estate

Do I inherit responsibility for property taxes the previous owner owed when I buy through power of sale?

TSL Written by the Treadstone Law team· Updated August 2026

Generally, no - outstanding property tax arrears are typically dealt with through the same statement of adjustments process used in any Ontario closing, rather than becoming a personal debt you take on as the new owner. At closing, the lawyers involved would normally confirm the amount owing and adjust or pay it out of the sale proceeds, so the taxes are addressed as part of the transaction itself rather than quietly following you afterward.

That said, power of sale transactions are still worth extra caution here specifically because the usual cooperative back-and-forth between buyer's and seller's lawyers may be more limited when the seller is a lender rather than an engaged homeowner. Confirming the tax account is genuinely up to date, or properly adjusted for, at closing is a step your lawyer should not skip simply because the transaction is otherwise moving quickly.

Ask your lawyer to specifically confirm the property tax account status as part of closing, rather than assuming it has automatically been handled the way it typically would be in an ordinary sale.

Key takeaways

  • Property tax arrears are generally handled through the closing adjustments, not inherited personally.
  • This works the same way procedurally as it would in any ordinary Ontario purchase.
  • Power of sale transactions still warrant extra confirmation given the lender-as-seller dynamic.
  • Have your lawyer specifically confirm the tax account status as part of closing.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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