By Karim Eshqoor, BBA, LLB, LLM · Barrister & Solicitor (LSO #83032R) · Barbarian Law® · November 2026
When you sell, your lawyer answers the buyer’s lawyer’s questions about title, gets the payout figure for your mortgage and prepares the statement of adjustments. On closing day we receive the price, pay off your mortgage and the commission balance, send you the rest, and release the lockbox code for the keys once the deal has closed. At Barbarian Law® a sale is $1,750 + HST, and that includes discharging your first mortgage.
What does a seller’s lawyer do?
- Reads the agreement of purchase and sale and notes the two dates that matter: the requisition date and the closing date.
- Answers the buyer’s lawyer’s written questions about title, called requisitions, and fixes what needs fixing, such as an old mortgage still registered or an execution against someone with your name.
- Orders a payout statement for your mortgage, and for any line of credit secured on the house.
- Prepares the statement of adjustments, which splits property taxes, condo fees and other costs to the closing date.
- Meets you to sign the closing documents: an acknowledgement and direction for the transfer, a direction on where the money goes, and a few declarations about you and the property.
- On closing day, receives the buyer’s money, pays off the mortgage and the commission balance, sends you the rest, and releases the lockbox code for the keys once the deal has closed.
- Follows up until the mortgage discharge is registered.
When should you hire one?
As soon as the agreement is firm, and before you sign it if anything in it is unusual: a vendor take-back mortgage, a very long closing, or a tenant who’s staying. The requisition date gives the buyer’s lawyer a short window to object to title, and you want someone reading those objections the day they arrive.
Does your spouse have to sign?
If the house is your matrimonial home, usually yes, even if your spouse isn’t on title. A spouse can’t dispose of an interest in a matrimonial home unless the other spouse joins in or consents, subject to narrow exceptions (Family Law Act, s. 21(1)). The buyer’s lawyer will ask for it, so plan on it from the start.
What happens to your mortgage?
It’s paid off from the sale price on closing day. We order a payout statement from your lender before closing, and it shows the balance to the closing date and any prepayment charge your mortgage terms allow (if you’re closing mid-term, ask your lender about that charge early, because it comes off your proceeds).
Paying the mortgage off and removing it from title are two separate steps. The mortgage comes off title only when a discharge is registered (Land Titles Act, s. 78(4)); the lender registers it after it receives the payout, and we follow up until it’s on title.
A line of credit secured on the house has to be paid and closed. A line that’s paid down but left open stays registered against the house, which the buyer’s lawyer will notice before you do.
When do you get the money?
Once the buyer’s money arrives and the transfer is registered. We pay off the mortgage, the commission balance and any other debts you’ve asked us to pay, and send you the rest by wire, usually the same day or the next business day.
Expect the final figure to be smaller than the price minus the mortgage. The buyer’s deposit sits with the listing brokerage and usually goes toward the commission, and the statement of adjustments moves property tax and other costs to the closing date. For the buyer’s side of the same day, see closing day in Ontario.
What does selling cost?
Selling a home at Barbarian Law®
| Service | Price |
|---|---|
| Sale, including the discharge of your first mortgage: legal fee and closing software | $1,750 + HST |
| Each additional mortgage or charge discharged | $150 + HST |
| Paying out other debts (credit card, car loan, line of credit) | Quoted in writing |
| Buying and selling together | $2,800 + HST |
Prices exclude HST and disbursements. Hourly work is billed against a written estimate you approve before work begins.
There’s no deposit or retainer. The fee is paid on closing, out of the sale proceeds, and if the deal doesn’t close there’s no legal fee. The rest of what we do on a sale is on our real estate closings page.
Frequently asked questions
How much does a lawyer cost to sell a house in Ontario?
At Barbarian Law®, $1,750 + HST, including the discharge of your first mortgage. Each additional mortgage or charge is $150 + HST.
Do I need to be there on closing day?
No. You sign with us in the days before closing and leave the keys in a lockbox at the house. We release the code once the sale has closed.
When do I get the money after closing?
Once the buyer’s money arrives and the transfer is registered. We pay off the mortgage and the commission balance and send you the rest, usually the same day or the next business day.
Does my spouse have to sign if they’re not on title?
Usually yes, if the house is your matrimonial home (Family Law Act, s. 21(1)).
Can one lawyer handle my sale and my purchase?
Yes. Buying and selling together is $2,800 + HST, and we line up the two closings so the sale money funds the purchase.
Where Art Meets Corporate Interest.
Selling? Send the agreement.
Send the signed agreement of purchase and sale and you’ll have the fee and disbursements in writing within one business day.
This article is general information about Ontario law, not legal advice, and reading it does not create a lawyer-client relationship. Every situation is different; speak with a lawyer about yours.
