- Agreement of Purchase and Sale (APS) This is the signed offer and any accepted counter-offers or amendments.
- Once you provide the documents above, your lawyer takes over and handles the following: Title Search Your lawyer pulls the full title history from the Ontario land registry system and…
- | Item | When to Provide | |------|----------------| | Agreement of Purchase and Sale | Immediately upon deal going firm | | Government-issued ID | When lawyer requests (usually early in…
The paperwork involved in a real estate closing can feel overwhelming. Your real estate lawyer needs certain documents from you — and will prepare others on your behalf — to ensure the transaction closes on time without a hitch. Missing or delayed documents are one of the most common causes of closing-day stress. Knowing what your lawyer needs, and when, puts you firmly in control of the timeline.
Documents You Provide to Your Lawyer
1. Agreement of Purchase and Sale (APS)
This is the signed offer and any accepted counter-offers or amendments. Your lawyer reviews it to understand:
- The agreed-upon purchase price and deposit amount
- The closing date
- Conditions (financing, inspection, status certificate — and their expiry dates)
- Chattels and fixtures included or excluded
- Any special terms that affect the legal closing
Send this to your lawyer as soon as the deal is firm (all conditions waived). The sooner they have it, the more time they have to complete searches and address any title issues before closing.
2. Government-Issued Photo ID
Ontario's Law Society rules and federal anti-money laundering legislation require your lawyer to verify your identity. You will need to present at least one piece of primary government-issued photo ID, such as:
- Canadian passport
- Canadian driver's licence
- Permanent Resident card
For remote closings, this verification typically happens over a video call. Your lawyer will document the ID information and retain a record as required.
3. Mortgage Commitment Letter (Buyers)
If you are financing the purchase, provide a copy of your mortgage commitment letter — the document your lender issued confirming your mortgage approval. Your lawyer uses this to:
- Confirm the mortgage amount and closing date align with the APS
- Identify the lender so they can receive the mortgage instructions
- Flag any conditions of the mortgage approval that need attention before funding
4. Home Insurance Confirmation (Buyers)
Your lender will not advance mortgage funds unless the property is insured as of the closing date. You must arrange home insurance before closing and provide your lawyer (and lender) with:
- The name of your insurance provider
- Your policy number
- The policy effective date (must be on or before closing day)
- The lender listed as loss payee / additional insured on the policy
Do not leave this to the last minute — some insurers take a few days to issue documentation.
5. Void Cheque or Direct Deposit Information (Sellers)
Your lawyer needs your banking information to wire the net proceeds of sale to you after closing. A void cheque or direct deposit form containing your institution number, transit number, and account number is the standard way to provide this.
6. Existing Survey (If You Have One) (Sellers)
If you have a survey of the property from a previous purchase, provide it to your lawyer. Depending on its age and whether improvements have been made, it may or may not be usable — but it gives the buyer's lawyer information that could reduce costs (title insurance premiums may be lower when a recent survey is available). Discuss with your lawyer.
7. Status Certificate (Condominium Purchases)
For condominium purchases, the Agreement of Purchase and Sale typically includes a condition allowing the buyer to review the condominium corporation's status certificate. The seller (or their agent) orders the status certificate from the condo corporation. Your lawyer reviews it to assess:
- The condo corporation's financial health
- Reserve fund adequacy
- Any special assessments pending
- Outstanding legal issues involving the corporation
- Management, rules, and by-laws
If you are a buyer, your lawyer should receive the status certificate with enough time to review it before the condition expiry date.
Documents Your Lawyer Prepares or Receives on Your Behalf
Once you provide the documents above, your lawyer takes over and handles the following:
Title Search
Your lawyer pulls the full title history from the Ontario land registry system and all off-title searches (PPSA, executions, tax arrears, zoning, utilities, outstanding work orders). You do not prepare this — you just need to give your lawyer enough lead time before closing to complete it.
Transfer/Deed of Land
The legal document that transfers title from the seller to the buyer. Prepared by the buyer's lawyer; the seller's lawyer reviews and approves it.
Mortgage Documents (Buyers with a Mortgage)
Your lawyer receives mortgage instructions from your lender, prepares the mortgage charge document, and obtains your signature on the lender's required forms. Lender instructions typically arrive one to two weeks before closing — sometimes less. Alert your lawyer promptly if your lender has not sent instructions within two weeks of closing.
Statement of Adjustments
Prepared by the seller's lawyer and reviewed by the buyer's lawyer. Shows the financial debits and credits between parties as of closing day (taxes, deposits, adjustments).
Direction re: Funds
A document you sign authorizing your lawyer to receive and distribute funds on your behalf. Standard in every closing.
Timing: When to Send What
| Item | When to Provide |
|---|---|
| Agreement of Purchase and Sale | Immediately upon deal going firm |
| Government-issued ID | When lawyer requests (usually early in the file) |
| Mortgage commitment letter | As soon as received from lender |
| Home insurance details | At least 1 week before closing |
| Void cheque (sellers) | When lawyer requests |
| Survey (if available, sellers) | Early in the file |
| Status certificate (condo) | Before condition expiry date |
Never wait until the week before closing to gather documents. Title issues, lender delays, and insurance problems all take time to resolve. Start early.
Frequently asked questions
What if my mortgage instructions haven't arrived close to the closing date?
Contact your mortgage broker or lender immediately and have them follow up with the lender's legal department. Your lawyer can also call the lender's law firm if instructions are significantly delayed. This is one area where early communication prevents last-minute crises.
Can I email documents to my lawyer?
Yes, in most cases. Your Agreement of Purchase and Sale, mortgage commitment, and insurance details can all be sent by email. For ID verification, your lawyer will usually schedule a brief video call rather than asking you to email copies of your ID.
Do I need to produce the original deed from when I bought the property?
No. In Ontario, all current title records are electronic and accessible through the Teranet system. Your lawyer can access everything they need through the registry. The original paper deed you received when you purchased is simply a copy for your records — it is not needed for a future sale.
What happens if I can't get my home insurance in place before closing?
Without confirmed insurance, the lender will not advance mortgage funds, and the deal cannot close. Contact your insurance broker as early as possible. Some brokers can arrange coverage with same-day documentation in urgent situations — but do not rely on this.
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