Tips on Buying or Selling a Home
Buying
Land transfer tax is a tax payable to the Ontario government by a purchaser of property on closing. The amount of land transfer tax imposed is based on the purchase price.
Helpful Checklists
Step by Step Behind the Scenes at Tarnowecky Law
STEP ONE – When an Offer is Still CONDITIONAL:
If an offer is CONDITIONAL, it remains on 'hold', until such time that all conditions are satisfied. This means that our firm takes no action in terms of working on the transaction until it is rendered firm. The policy behind this is that there is no sense working on a conditional offer that may fall through. We direct our focus on firm offers. We, therefore, ask you to provide us with waiver or fulfilment of conditions as soon as possible. Naturally, there are exceptions. If an offer is conditional upon Buyer's or Seller's Solicitor's review, we act accordingly.
STEP TWO – When an Offer is FIRM:
If an offer is FIRM, my Administrative Staff opens the file in our system in order of completion date. Clients are initially contacted at this time to provide the necessary information to generate the closing documentation. They are also informed as to what to expect when buying or selling a home. The file is then assigned to a specific law clerk and lawyer.
STEP THREE – When an Offer is with Lawyer/Clerk:
All files are reviewed by a solicitor. Lawyers and Law Clerks work together, in different capacities, to prepare the file for execution. The closing paperwork is generated. Title searches are conducted, and information is gathered from other sources to complete a file for closing. This includes, but is not limited to, contacting the tax office, zoning and fire departments, fuel companies, surveyors, mortgage brokers, insurance agents etc. If you have any questions or concerns, and the acting lawyer is unavailable, the assigned law clerk is a great resource and can answer most queries.
STEP FOUR – When a File is Complete for a Signing Appointment:
In order to save time, not only for our clients, but also for the firm, we normally have one in-office or virtual appointment before closing. If the clients are both selling and purchasing, we attempt to have both files prepared at the same time. When closing documents are ready for the clients' execution, the law clerk arranges the signing appointment. The clients are also informed as to what they will need to bring to the appointment. A Lawyer at our Firm attends to the execution of the closing documents (NOT A LAW CLERK). We always try our best to work around our clients' schedules and appointments are booked between the hours of 8:30 am – 4:00 pm. These appointments are generally scheduled the week of or week prior to closing. If a file is ready sooner, we always try to arrange appointments as soon as possible.
TIP: We cannot arrange an appointment without mortgage instructions. Please urge your mortgage broker to forward the instructions to us as soon as possible.
STEP FIVE – Day of Closing:
When our office is closing a purchase, we check our trust account first thing every morning to see if mortgage funds are received from the lender. A lender will not provide mortgage funds until the day of closing. The time of day that mortgage funds are provided is dependent upon the particular bank. The major five banks, TD, Scotia, RBC, BMO & CIBC typically fund in the morning, but not always. The other smaller banks and credit unions, such as First National, Magenta, HSBC, Bridgwater, Desjardins, Equitable Bank etc. typically fund in the afternoon. Once funds land in our trust account, we forward funds to the Seller's solicitor and close the transaction.
TIP: Our business is much like the stock market. Once 5:00 pm hits, the registry office closes, and we cannot either buy or sell. Closing your deal as soon as possible is our utmost priority. Although we work as quickly as possible, there are times where our hands are tied because we rely on third parties.
STEP SIX – After Closing Protocols:
When a transaction closes, the law clerks generate and mail a full reporting letter that includes all the pertinent documentation. Keep in mind that preparing a reporting letter does take time to complete, especially in our busy season.
Selling
Utilities:
Contact your utility provider and arrange for the meter to be read on the date of closing. Billing from the closing date onwards will be sent to the new homeowner(s). Please do not shut off and/or cancel your utility service(s).
Secure Your Property Purchase
Buying a home is a major financial milestone. Don't leave your contracts or title deeds to chance. Our team ensures your legal rights are fully protected from contract review to closing day.