Extracts from the
"Your Home Your Money" website
(This one time Canadian website seems to be no longer available. All
searches for it go to a US blog.
However, with due acknowledgement to the original authors (whoever they were),
the following
information covers the main points of the closing process and legal costs
in Canada. DSP)
Once all
pre-purchase conditions have been satisfied by you or the home seller as outlined
in the offer to purchase; the agreement is considered legally binding.
To complete the process of closing, you will need the services of a real
estate lawyer.
Refer to your local Directory of Businesses to find a real estate lawyer
near you.
An estimate of your total closing costs can usually be provided to you,
several weeks before possession.
Upon receiving
a copy of the satisfied offer to purchase, your real estate lawyer will:
** Search
the title to make sure it is free of any complications
** Confirm
that the property taxes are paid up to date
** Prepare
all documents to transfer ownership
** Confirm
that the seller’s mortgage is discharged
** Prepare
a Statement of Adjustments outlining the money you owe
** Arrange
a transfer of funds from your lender to the seller
** Register
you as the new owner in the Land Titles Office
At or close
to possession date, you will meet with your lawyer to review the documents
prepared for the change in ownership. Once signed, you will be able to get
the keys to your home and move in!
------------------------------------------------------------------------------------
Many homebuyers
are unpleasantly surprised at the long list of expenses involved in finalizing
a deal. Most people know to save for the initial deposit and down payment,
but what about the other “miscellaneous closing costs”? What are they and
how much will they total?
As discussed
in the Financing section, your pre-purchase expenses include the deposit,
mortgage application fee, appraisal fee, and home inspection fee.
You will
also need savings to cover the post-purchase expenses including the down payment,
legal fees, land transfer tax, property taxes, property insurance, and moving
expenses, as well as appliances and windowcoverings if not included in the
purchase agreement.
On average,
a home buyer should plan to have between $1,500 and $5,000 set aside.
Fees for Legal Services
The “basic”
fee for a residential purchase is typically between $375.00 and $450.00.
Note: This may not apply to new home purchases,
private transactions, relocation purchases, or commercial properties.
Disbursements
Land Transfer Tax: This is payable
to the Land Titles Office at the time the title is registered. The tax is
calculated as a percentage of the purchase price and varies slightly depending
on the province where the purchased property is located.
In Ontario, the rates are as follows:
Up to $55,000
X .5 % of total property value
From $55,000 to $250,000 X 1 % of total property value
From $250,000 to $400,000 X 1.5 % of total property value
From $400,000 up X 2 % of total property value
Registration of Title and Mortgage:
This is payable to Land Titles Office at the time of registration. The cost
for each is $60.00.
Survey Certificate: This document
will show the exact location of the property’s boundaries and the exact
situation of buildings on the land. You can usually obtain the existing survey
certificate from the home seller at no charge. If there has been any recent
physical changes to the property such as decking, a garage or new fencing
you may require a new survey. Generally, a surveyor will charge approx. $800.00
for a standard residential survey.
Zoning Memorandum: This is provided
by the city or municipal office and indicates the zoning of the property and
whether the structures comply with yard and alignment requirements. The average
cost is $35.00.
Tax Certificate: This is issued
by the city or municipality and indicates whether or not there are any unpaid
taxes. The average cost is $30.00.
Couriers: They are used to move
payments, keys, and documents from one lawyer to another, with an average
cost of $25.00.
Title Searches:
Costs of approx. $15.00-20.00 may be incurred for the title search, computer
access time, or obtaining microfilm copies of documents.
Miscellaneous: These costs might
include photocopying, postage, or filing materials. A standard charge is $30.00.
Property Taxes
At the time
of closing, the buyer will be required to reimburse the home seller for any
portion of the annual property taxes that have been pre-paid. If for example,
you are taking ownership in August, you may be required to reimburse the home
seller the August to December taxes (5/12th of the annual amount).
The actual
“calendar year” for property taxes will vary from one jurisdiction to another.
In some municipalities, homeowners can arrange to make automatic monthly
installments on their annual property taxes.
Any Interest
Owing
You are responsible
for paying interest on the mortgage amount to the seller until the land titles
processing is complete and the mortgage is released. The process is typically
completed three to four weeks after possession, with a three to four week
interest amount owing. Fortunately, you are not “owing” a mortgage payment
during this time.
Balance
of Your Down Payment
The balance
for your down payment will be less your deposit, as outlined in the offer
to purchase document under Financial Details.
GST or
HST (Canada only)
Depending
on your jurisdiction, GST or HST may be payable on the legal fees and most
disbursements, but not on the land title costs or land transfer tax.