A phase-by-phase roadmap from accepted offer to keys-out, so nothing catches you off guard.
Who this is for: Ontario homeowners who have listed (or are about to list) and want to understand the legal side of selling — what your lawyer does, what you need to gather, and what happens on closing day. What you'll get: the steps in order, who handles each one, what documents to round up, and a clear "you're done when…" marker for every phase.
⚖️ This is a general guide, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
Selling a home in Ontario is part marketing, part paperwork, and part deadline management. The real estate agent runs the listing and negotiation. Your real estate lawyer runs the legal closing: confirming title, answering the buyer's questions, paying off your mortgage, and making sure money and keys change hands cleanly on the agreed date. This guide walks the legal side in order.
A few terms you'll meet right away:
- Agreement of Purchase and Sale (APS) — the binding contract between you and the buyer. Once signed by both sides, you are sold, subject only to its conditions.
- Conditions — things that must be satisfied before the deal is firm (e.g., the buyer's financing or home inspection). A deal with conditions is conditional; once they're waived or met, it's firm.
- Closing date — the day ownership transfers, money is paid, and you hand over the keys.
Summary timeline at a glance
Timing below is typical, not guaranteed — every deal differs, so confirm your dates with your agent and lawyer.
| Phase | What it covers | Typical timing |
|---|---|---|
| 1. List & accept an offer | Marketing, offers, signing the APS | Varies widely |
| 2. Review the APS | Read the contract; understand obligations | At/around signing |
| 3. Hire your lawyer | Engage a real estate lawyer early | As soon as you have a firm deal (or before) |
| 4. Gather documents | Mortgage payout, survey, condo certificate | Weeks before closing |
| 5. Respond to requisitions | Answer the buyer's title questions | After requisition date in APS |
| 6. Arrange mortgage discharge | Order payout; instruct lender | Weeks before closing |
| 7. Prepare closing documents | Sign deed, statements, undertakings | Days before closing |
| 8. Closing day | Funds in, mortgage paid, keys out | Closing date |
| 9. After closing | Final payout, commission, records | Closing day onward |
Phase 1 — List your home and accept an offer
What happens: Your agent lists the property, markets it, and brings you offers. You negotiate price and terms and ultimately sign an Agreement of Purchase and Sale with one buyer. The offer usually includes a deposit (held in the listing brokerage's trust account) and may carry conditions in the buyer's favour, such as financing, a home inspection, or the sale of the buyer's existing home.
Who does it: You and your real estate agent. (You can sell privately, but most Ontario sellers use an agent.)
What you need: A clear sense of your bottom line, your ideal closing date, and what you're including (appliances, fixtures, light fixtures, etc.).
💡 Tip: The chattels (movable items like appliances) and fixtures you agree to leave become contractual promises. Be precise in the APS — "fridge, stove, washer, dryer" beats "appliances."
✅ You're done with this phase when both you and the buyer have signed the APS and any deposit terms are documented.
Phase 2 — Review the Agreement of Purchase and Sale
What happens: Before — and ideally while — you negotiate, you (and soon your lawyer) confirm the APS reflects what you actually agreed to: price, deposit, closing date, included items, and any conditions. Once conditions are waived or fulfilled, the deal becomes firm and binding. From that point, you are legally committed to close.
Who does it: You, your agent, and your lawyer. A lawyer can review the contract terms; agents handle the standard form negotiation.
What you need: The signed APS, any schedules and amendments, and a record of waivers or fulfilled conditions.
⚠️ Watch out: Read the closing date and the requisition date carefully. The requisition date is the deadline for the buyer to raise title objections — your lawyer works backward from it.
✅ You're done with this phase when you understand your obligations and the deal is either firm or on a clear path to firm.
Phase 3 — Hire your real estate lawyer
What happens: You engage a real estate lawyer to handle the legal closing. Earlier is better — many sellers retain a lawyer as soon as the deal is firm, and some line one up before listing. Your lawyer opens a file, reviews the APS, and starts the title and discharge work.
Who does it: You choose the lawyer; the lawyer takes over the legal file from here.
What you need: Your signed APS, your photo ID, your mortgage details (lender and approximate balance), and your contact information. Treadstone Law offers flat-fee real estate closings and online intake, so you know the cost up front.
💡 Tip: Give your lawyer the buyer's lawyer's contact details (your agent usually has them). Lawyer-to-lawyer coordination is what makes closing day smooth.
✅ You're done with this phase when your lawyer has your file open, has reviewed the APS, and has flagged anything that needs attention.
Phase 4 — Gather your documents
What happens: Your lawyer assembles the package needed to transfer clean title and pay off what you owe. Some items your lawyer orders directly; others only you can supply.
Who does it: You and your lawyer, working together.
What you need — common items:
- Mortgage payout statement — the exact amount to discharge your mortgage on the closing date, ordered from your lender (your lawyer requests it; you may need to authorize it).
- Existing survey, if you have one — a drawing showing the property's boundaries and structures. Not always required, but helpful.
- Condo status certificate — if you're selling a condominium. This package (ordered from the condo corporation or its management) discloses the unit's financial standing, reserve fund, rules, and any special assessments. The buyer's lawyer will review it.
- Property tax information — your latest tax bill and proof of payments, so taxes can be adjusted between you and the buyer at closing.
- Utility account details — so final readings and account closures can be arranged.
- Government-issued photo ID — your lawyer must verify your identity.
- Existing title insurance policy, if you have one from when you bought.
⚠️ Watch out (condos): Status certificates take time to produce. If you're selling a condo, order it early — a delay here can hold up the buyer's review and the deal.
✅ You're done with this phase when your lawyer has the payout statement on order and the supporting documents in hand (including the condo certificate, if applicable).
Phase 5 — Respond to the buyer's requisitions
What happens: The buyer's lawyer searches title and may send a requisition letter — a list of title issues they want resolved before closing (for example, an old mortgage that was never properly discharged, a lien, an easement question, or a work order). Your lawyer responds, clears what can be cleared, and negotiates the rest.
Who does it: Your lawyer and the buyer's lawyer. You may need to provide information or authorize a payout.
What you need: To respond promptly to any questions your lawyer relays to you.
💡 Tip: Many "title clouds" are stale — a long-paid mortgage still showing on title, for instance. Title insurance and lawyer undertakings often resolve these efficiently. Don't panic if a requisition arrives; it's a normal part of the process.
✅ You're done with this phase when the buyer's lawyer has accepted your responses (or the issues are resolved by closing) and title is acceptable.
Phase 6 — Arrange the discharge of your mortgage
What happens: Unless you own free and clear, your existing mortgage must be discharged (paid off and removed from title) when you sell. Your lawyer gets the official payout amount as of the closing date — principal, interest to the day, and any prepayment charge or administration fee your lender applies — and arranges to pay the lender from your sale proceeds.
Who does it: Your lawyer, coordinating with your lender. You authorize the payout.
What you need: Your lender and mortgage details, plus authorization for your lawyer to request and act on the payout statement.
⚠️ Watch out: If you're breaking a fixed-rate mortgage early, the prepayment penalty can be significant. Ask your lender for the figure before you firm up a closing date — it affects your net proceeds. (Amounts vary by lender and product — verify yours directly.)
✅ You're done with this phase when the payout statement is in hand and your lawyer has a plan to discharge the mortgage on closing.
Phase 7 — Prepare the closing documents
What happens: In the days before closing, your lawyer prepares and has you sign the documents that transfer the property and govern the money. These typically include the transfer/deed (the document conveying ownership), a statement of adjustments (a line-by-line accounting of credits and debits — property taxes, deposit, etc. — that arrives at the final money figures), declarations, and undertakings (formal promises between lawyers, e.g., to discharge your mortgage promptly after closing).
Who does it: Your lawyer prepares; you review and sign.
What you need: To attend a signing appointment (often virtual), bring valid ID, and review the statement of adjustments so you understand your net proceeds.
💡 Tip: The statement of adjustments is where you see your real number. Ask your lawyer to walk you through it — especially the property-tax and deposit lines.
✅ You're done with this phase when all seller documents are signed and your lawyer holds everything needed to close.
Phase 8 — Closing day
What happens: On the closing date, the lawyers complete the transaction electronically. The buyer's lawyer sends the purchase funds and — under the standard Ontario Document Registration Agreement, unless the two lawyers agree otherwise — registers the transfer, once your lawyer has released it for registration. Your lawyer then distributes the money: pays out your mortgage, pays the real estate commission to the brokerage(s) as directed, settles adjustments, and forwards the remaining net proceeds to you. You deliver the keys (commonly through the agents) once your lawyer confirms the deal has closed.
Who does it: The lawyers handle registration and funds; you hand over keys and possession.
What you need: To be ready to vacate and deliver keys, garage remotes, and any access items, and to have provided directions for receiving your net proceeds.
⚠️ Watch out: Don't hand over keys until your lawyer confirms closing is complete and funds have flowed. "Possession on closing" means after the deal actually closes — not the morning of, by default.
✅ You're done with this phase when your lawyer confirms the transfer is registered, the mortgage is paid, and the keys are released to the buyer.
Phase 9 — After closing
What happens: Your lawyer finalizes the discharge of your old mortgage (lenders often register the discharge shortly after closing, under an undertaking), confirms the commission and adjustments were paid, releases your net proceeds, and sends you a reporting letter with the final accounting and copies of key documents. Keep these records.
Who does it: Your lawyer wraps up; you keep the file.
What you need: A safe place for your reporting letter and closing documents — you may need them at tax time or for a future sale.
💡 Tip — taxes: If the home was your principal residence for the whole time you owned it, the gain is generally exempt from Ontario/Canadian capital gains tax. If it was a rental, cottage, investment, or second property, capital gains tax may apply on the increase in value — and there are reporting requirements even for an exempt principal-residence sale. Rules and rates change. Verify the current treatment with the CRA or a tax professional, and see our tax guides before you assume the sale is tax-free.
✅ You're done with this phase when you've received your reporting letter, your net proceeds, and (if relevant) you've planned for any tax filing.
A quick scenario
Priya sells her Mississauga condo. Her agent firms up a deal with a 60-day closing. Priya hires Treadstone Law the day the deal goes firm. Her lawyer immediately orders the status certificate (condos take time) and her mortgage payout statement. The buyer's lawyer sends two requisitions — one about an old discharged mortgage still on title — which Priya's lawyer clears. A week before closing, Priya signs the transfer and reviews her statement of adjustments. On closing day, the buyer's funds arrive, her mortgage is paid out, the brokerage commission is paid, and her net proceeds land in her account. Because the condo was her principal residence the whole time, she expects the gain to be exempt — but she still confirms the reporting requirement with her accountant.
How Treadstone Law can help
Selling is stressful enough without surprises on the legal side. Treadstone Law handles Ontario real estate closings with flat-fee pricing, online intake, and all-province virtual service — so you can sell from anywhere in the province and always know what the legal work costs.
- Flat fees, quoted up front — no hourly surprises.
- Online intake — start your file in minutes at treadstonelaw.ca/start-file.
- Coordination with your agent and the buyer's lawyer so closing day runs clean.
Learn more on our treadstonelaw.ca/real-estate page, see costs on treadstonelaw.ca/pricing, or start now at treadstonelaw.ca/start-file. Prefer to talk it through? Call 1-844-900-1070.
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.