Selling a Residential Property

We understand selling your property may be a stressful process. The following information may be helpful to consider to ensure a smooth transaction:
  • If the Chattels and/or fixtures that you’ve sold to the buyer stop working after closing, you may be responsible depending on how the Agreement of Purchase and Sale is drafted
  • You are responsible for the property until closing; you must maintain the property as when the buyers agreed to purchase it
  • The buyers have a right to inspect or visit the property before the proposed closing date and if it is not in similar condition as when they initially saw it, it may lead to a delay in closing and extra costs
  • If the buyer is unable to secure a mortgage by the proposed closing date and are unable to close the transaction, what are your alternatives?
  • If you need the sale proceeds to purchase your new home and your buyer fails to close, what are your options?
  • If the property you are selling has tenants, you may be required to have vacant possession on closing
  • When vacating the property, there should not be any garbage or trash left behind; it must be given to the buyer in a good condition
  For your sale transaction, you will be required to provide your solicitor the following:
  • 2 pieces of Canadian Issued IDs
  • Recent Tax Bill
  • Survey (if applicable)
  • Recent Mortgage Statement
  • Any Security Interests (such as water heater, water softener, etc.) (if applicable)
  • Status Certificate (if applicable)
  • Your forwarding address
  Until the day of closing, you will be responsible for:
  • Utilities
  • Taxes
  • Maintenance
  • Condo fees (if applicable)
  From your sale proceeds, the following need to be paid before the net proceeds can be advanced to you:
  • Existing mortgage(s)
  • Property tax arrears (if applicable)
  • Common element fee arrears (if applicable)
  • Real Estate Commission (if applicable)
  In the Agreement of Purchase and Sale, the seller irrevocably instructs the seller’s solicitor to pay the unpaid balance of the realtors’ commission from the sale proceeds. The listing brokerage will provide the commission statement to the seller’s solicitor and the same will be provided to you when signing the closing documents. In the event that the deposit held by the brokerage exceeds to commission owed, then there will be a balance due to the seller.   A non-resident seller has a tax liability when selling their property. You must retain an accountant as soon as possible to obtain a clearance certificate from Canada Revenue Agency and to ensure that 25% of the sale price is held back until the certificate is received. If you are non-resident and would like more information, please refer to the Non- Resident Sale  Holdback Flowchart offered by LAWPRO.   Please be advised, we will be notifying the tax department of the ownership change, however it is your responsibility to notify the following regarding the change of ownership:  
  • Water
  • Hydro
  • Gas
  • Condo Corporation/ Property Management (if applicable)
  We understand that these steps can be daunting, so please do not hesitate to contact us with any questions or inquiries as we are more than happy to assist you. If you would like more information, please visit to our Resources where you can access helpful information.  

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