Published July 17, 2025

Understanding the Role of a Real Estate Lawyer

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Written by Wayne Winch & Brenda Brouwer, REALTORS®

Understanding the Role of a Real Estate Lawyer header image.

Buying or selling a home in Ontario is a major milestone, and while your real estate agent guides you through the property side of things, a real estate lawyer plays a crucial behind-the-scenes role that helps protect your investment and your legal rights.

So, what exactly does a real estate lawyer do—and why is it mandatory in Ontario?

Why You Need a Real Estate Lawyer

In Ontario, having a licensed real estate lawyer is required to complete a real estate transaction. They ensure all legal documents are accurate and properly filed, handle the transfer of funds, and ultimately register the property in your name. Without their involvement, the sale can’t legally close.

Key Responsibilities of a Real Estate Lawyer

Whether you're buying or selling, here’s what a real estate lawyer will do for you:

For Buyers:

  • Review the Agreement of Purchase and Sale to ensure your interests are protected
  • Conduct a title search to verify the property's legal ownership and check for liens or encumbrances
  • Handle the exchange of funds on closing day, including down payments, mortgage proceeds, and land transfer taxes
  • Register the property in your name with the Land Registry Office
  • Ensure all closing documents are properly signed, witnessed, and delivered

For Sellers:

  • Review the purchase agreement and negotiate terms if needed
  • Prepare the deed and closing documents
  • Arrange for mortgage discharge
  • Ensure funds from the sale are properly distributed

When to Contact a Lawyer

Ideally, you should involve a real estate lawyer as soon as you’ve signed an offer. That way, they can review the terms early and flag any issues before they become problems.

Trust the Right Professionals

At Wayne Winch & Brenda Brouwer Real Estate, we’ve worked closely with many trusted local lawyers and can help guide you toward professionals who know the Georgina market inside and out. Our team brings over 60 years of combined experience to ensure your real estate journey is smooth, informed, and stress-free—from start to close.

📞 Have questions about the legal side of real estate? Reach out—we’re always here to help.

Wayne Winch & Brenda Brouwer
REALTORS®
RE/MAX All-Stars Realty Inc, Brokerage
905-476-4111

 

 

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