Practice ManagementMarch 2026 · 10 min read

Ontario Real Estate Closing Checklist
for Lawyers: Step-by-Step Guide

Real estate closings are deadline-intensive, trust-account-heavy, and document-dense. A missed condition, an incorrect mortgage payout, or a trust shortfall on closing day creates serious LAWPRO exposure. This is the complete checklist Ontario real estate lawyers use to run clean closings consistently.

Purchase transaction checklist

1. At intake (on Agreement of Purchase and Sale receipt)

Confirm closing date and diarize in your deadline system

Identify all conditions (financing, inspection, status certificate) and their expiry dates — diarize immediately

Identify any unusual clauses that require attention (assignment, schedule items, chattels lists)

Confirm client identity and run AML client identification procedures

Run conflict of interest check

Send engagement letter — confirm scope includes title insurance, HST if applicable, mortgage advice

Collect retainer deposit to trust and issue trust receipt

Request signed FINTRAC client identification forms if applicable

2. Pre-closing (2–3 weeks before closing)

Order title search through Teraview / Titleplus — review for liens, executions, easements, restrictions

Order tax certificate confirming no outstanding property taxes

Order execution search against all registered owners

Confirm all conditions have been waived or satisfied in writing

Request mortgage instructions from lender (if acting for lender too)

Request status certificate if purchasing a condo — review financial statements, reserve fund, special assessments

Order survey or confirm title insurance covers survey risks

Confirm HST applicability — new construction purchase or assignment?

Review any existing tenancies and confirm vacant possession requirements

3. Signing appointment (3–5 days before closing)

Prepare Transfer/Deed of Land (Form 1) for electronic registration

Prepare Charge/Mortgage of Land if applicable

Prepare Direction re Funds confirming wire transfer details to vendor or vendor's counsel

Prepare Statement of Adjustments — confirm calculations with client

Prepare Land Transfer Tax calculation — include municipal LTT if Toronto

First-time home buyer rebate if applicable — confirm eligibility

Review title insurance commitment and confirm coverage

Client signing appointment — review all documents, confirm all information

Collect client balance to close — confirm trust account has full funds before closing day

4. Closing day

Confirm mortgage funds received from lender in trust account

Confirm client balance to close is in trust

Confirm trust account total matches funds required for closing

Receive signed Transfer/Deed and Charge documents from vendor's counsel

Register Transfer and Mortgage electronically via Teraview

Confirm registration numbers match what was submitted

Wire purchase funds to vendor's trust account (get confirmation of receipt)

Issue keys/access to client only after registration confirmed

Issue title insurance policy and send to client

5. Post-closing

Prepare reporting letter to client — registered Transfer document, title insurance certificate, key dates

Prepare reporting letter to lender — mortgage registration confirmed

Invoice client for professional fees

Transfer earned fees from trust to general after invoicing

Return any unused trust balance to client

File with LTT — confirm payment receipts

Save final file documents — deed, mortgage, title insurance, correspondence

Diarize any post-closing undertakings or conditions

Trust account requirements for real estate closings

Real estate transactions involve some of the largest single trust receipts and disbursements in legal practice. Common trust accounting mistakes on closings:

Trust shortfall on closing day

Fix: Confirm the full balance to close is in trust before you go near Teraview on closing day. A trust shortfall that delays registration is a LAWPRO claim.

Disbursing before funds clear

Fix: Wire transfers can be recalled. Do not release purchase funds to the vendor until you have confirmed receipt from your bank — not just the bank's email confirmation.

Mortgage payout out of trust

Fix: If you are paying out an existing mortgage, the payout must come from trust. The payout amount must be confirmed from the lender in writing before closing.

Not invoicing before transferring fees

Fix: You cannot transfer your professional fees from trust to general without an invoice — even on closing day. Prepare the invoice, then make the trust-to-general transfer.

How Atticus supports Ontario real estate practice

RE matter templates

Pre-populated action item checklists for residential purchase and residential sale transactions. Every step of the workflow, in order.

Document processing

Upload the APS, mortgage instructions, status certificate, and title search — Atticus extracts all key dates, conditions, and parties automatically.

Trust account tracking

Records every trust receipt and disbursement with client, matter, date, and reference. Alerts on negative balances before they become LAWPRO claims.

Daily briefing

Conditions expiring tomorrow appear in your 9am briefing before you've had your coffee. No condition expires unnoticed.

AI-drafted reporting letters

After closing, Atticus drafts your client and lender reporting letters from your matter record. Review, approve, send.

Limitation period calculator

Agreement of Purchase and Sale signed today — when do the conditions expire? When does the two-year limitation period run? One click.

Built for Ontario real estate lawyers

Atticus includes matter templates, AI document processing, trust accounting, and daily deadline briefings designed for high-volume Ontario real estate practice. 14-day free trial.

Start Free Trial →Atticus for RE Lawyers →

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