Fees & Disbursements

Purchase of single family residential property

(Assumes all registrations completed on the same date. * A line of credit secured against real property counts as a mortgage. * Our assistance with bridge financing counts as a mortgage. Sometimes, a mortgage lender will require us to pay-out certain unsecured debts from the mortgage advance as a condition to closing, and any such additional payouts will be billed at the rate of $35.00 per payout. Additional charges will apply if ancillary documents must be prepared for registration – such as for the registration of a power of attorney.)

(*Sometimes, independent legal advice (“ILA”) may be required for one of the parties to a transaction by a mortgage lender, as a condition to mortgage financing, or due to circumstances where the parties do not have an equal interest in the transaction, and additional fees will apply, in an amount equal to the charge for an additional mortgage, for our services in arranging for such ILA. The party receiving the ILA will also have to pay the fee of the independent solicitor who provides the ILA.)

All amounts indicated are accurate as of the date of initial publication and are subject to change without notice.

Sometimes we are asked to provide advice on an agreement of purchase and sale prior to execution thereof or during a conditional period, and fees will apply relative to such services based on the circumstances.

Where there are no realtors involved, we are also sometimes requested to prepare an agreement of purchase and sale in a purchase transaction, and fees will apply in respect of such services, usually in the range of $250.00 to $450.00.

Sale — single family residential property

(*A line of credit secured against real property counts as a mortgage. Sometimes we will be required to payout other types of encumbrances – such as but not limited to legal aid liens, executions, court judgments, registered equipment liens – and generally the additional charge for each such pay-out will be $50.00, but this fee could increase in complex circumstances. Sometimes, a mortgage or line of credit will have been paid out by the owner, but the mortgage lender did not supply or register an actual discharge and in these instances we must become involved in their discharge and the usual fees will apply. Additional charges will apply if ancillary documents must be prepared for registration – such as for the registration of a power of attorney or change of name application or survivorship applications.)

(*Sometimes, independent legal advice (“ILA”) may be required for one of the parties to a transaction, for example, where there is a sale coincidental with a marital breakup or in circumstances where the parties do not have an equal interest in the transaction, and additional fees will apply, in an amount equal to the charge for an additional mortgage, for our services in arranging for such ILA. The party receiving the ILA will also have to pay the fee of the independent solicitor who provides the ILA.)

All amounts indicated are accurate as of the date of initial publication and are subject to change without notice.

Where there are no realtors involved, we are also sometimes requested to prepare an agreement of purchase and sale in a sale transaction (although this is usually done by the purchaser’s solicitor), and fees will apply in respect of such services, usually in the range of $250.00 to $450.00.

Re-Finance of Single Family Residential Property

(*A line of credit secured against real property counts as a mortgage. Sometimes we will be required to payout other types of encumbrances – such as but not limited to legal aid liens, executions, court judgments, registered equipment liens – and generally the additional charge for each such pay-out will be $50.00, but this fee could increase in complex circumstances. Sometimes, a mortgage or line of credit will have been paid out by the owner, but the mortgage lender did not supply or register an actual discharge and in these instances we must become involved in their discharge and the usual fees will apply. Sometimes, a mortgage lender will require us to pay-out certain unsecured debts from the mortgage advance as a condition to closing, and any such additional payouts will be billed at the rate of $35.00 per payout. Additional charges will apply if ancillary documents must be prepared for registration – such as for the registration of a power of attorney or change of name application.)

(*Sometimes, independent legal advice (“ILA”) may be required for one of the parties to a transaction by a mortgage lender, as a condition to mortgage financing, or due to circumstances where the parties do not have an equal interest in the transaction, and additional fees will apply, in an amount equal to the charge for an additional mortgage, for our services in arranging for such ILA. The party receiving the ILA will also have to pay the fee of the independent solicitor who provides the ILA.)

All amounts indicated are accurate as of the date of initial publication and are subject to change without notice.

Other Residential Real Estate Fees and Disbursements — please contact us for a quotation for legal fees and disbursements for other residential real estate transactions and services not listed above.

Disbursements are charges for: the various searches (government fees) that we must perform; title insurance costs; government registration costs; and charges for postage, long distance facsimile transmissions, courier, report binding, electronic registration and search access, photocopying, and as may otherwise be applicable in a particular transaction. We do NOT add any surcharge to the search, title insurance and registration disbursements – you are charged exactly what we are required to pay for these items. Disbursements in residential real estate transactions will generally vary from property to property. Typically, disbursements are in the following ranges**, but can be lesser or greater:

** 1. The Law Society of Upper Canada has instituted a "transaction surcharge" for real estate transactions (among other types of transactions) which results in an additional charge of $65.00 plus HST for sale transactions and purchase or mortgage transactions, billed as a disbursement and in addition to the amounts indicated above. We urge our clients to purchase title insurance which, for most purchase and mortgage transactions, does not increase the disbursements (due to other cost savings) while giving real benefits. 2. Land Transfer Tax: Land transfer tax is calculated in accordance with a formula which for most purchases under $250,000.00 is: one percent of the purchase price minus $275.00. Land transfer tax is not included in the disbursement figures above. For an accurate calculation of Land Transfer Tax, please follow this link: Land Transfer Tax and Provincial Sales Tax. 3. Government registration costs are $71.30 per document in the electronic registration system and the above amounts do not include the registration of ancillary documents such as change of name applications or powers of attorney.

All amounts indicated are accurate as of the date of initial publication and are subject to change without notice.

Please call us to obtain an estimate of disbursements for your particular transaction.