Buying or selling a home is one of the most significant financial transactions most people will ever make. Yet, many clients in Ontario enter real estate deals without fully understanding the legal implications — leading to costly mistakes, delays, or even lawsuits.
At Sooden Law Professional Corporation, we’ve helped hundreds of clients navigate Ontario real estate transactions with confidence. In this post, we’ll explore the top 5 legal mistakes buyers and sellers make — and how working with a real estate lawyer can help you avoid them.
1. Not Reviewing the Agreement of Purchase and Sale Thoroughly
The Agreement of Purchase and Sale (APS) is the foundation of any real estate deal — and a single overlooked clause can lead to serious consequences. Common issues include:
- Unclear conditions for financing or home inspection
- Incomplete or incorrect buyer/seller names
- Misunderstanding deposit requirements and closing dates
Tip: Always have a real estate lawyer review your APS before signing. At Sooden Law, we flag red flags early and protect your legal interests.
2. Overlooking the Status Certificate (for Condo Purchases)
If you’re purchasing a condo in Ontario, reviewing the Status Certificate is essential. It includes:
- Details about condo fees and special assessments
- Reserve fund health
- Pending legal issues involving the condo corporation
Skipping a detailed review could mean buying into costly repairs or hidden disputes.
We help buyers interpret these documents and explain their real-world implications before closing.
3. Misunderstanding Joint Tenancy vs. Tenancy in Common
This issue often comes up when two or more people purchase a home together. Most choose Joint Tenancy, where ownership automatically transfers to the surviving owner upon death. But this can conflict with estate plans.
For example, if you want your share to go to children or a specific beneficiary, you may need Tenancy in Common instead.
This ties directly into your estate plan — and we provide integrated advice on real estate law and wills to ensure your wishes are respected.
4. Not Planning for Land Transfer Tax or Title Registration Costs
Many buyers are caught off guard by additional costs due at closing, including:
- Land Transfer Tax
- Title insurance
- Registration fees
- Legal disbursements
Sooden Law provides a clear fee breakdown at the start so there are no surprises on closing day. We also help eligible buyers apply for first-time home buyer rebates.
5. Forgetting to Update Your Will After Buying or Selling Property
A home is a major asset. When your ownership changes, so should your Will. Failing to update your Will could:
- Leave your home out of your estate plan
- Cause delays or confusion for your beneficiaries
- Lead to unintended consequences if you pass away unexpectedly
At Sooden Law, we remind all clients to update their Wills — and we offer affordable Wills and Estate Planning services to keep everything aligned.
Final Thoughts: Protect Your Investment with the Right Legal Advice
Real estate transactions in Ontario involve more than just signing papers — they require smart legal strategy, careful document review, and experienced guidance.
At Sooden Law Professional Corporation, we offer flat-rate pricing, no hidden fees, and responsive support from start to finish. Whether you’re buying, selling, refinancing, or updating your Will, we make the legal side simple and stress-free.
Need help with your next real estate transaction?
Call us today or book a free consultation to speak directly with Sawraj Sooden, Barrister & Solicitor.
437-242-9970 soodenlaw@gmail.com www.soodenlaw.ca