Real estate law
Closings without surprises — for buyers, sellers, and the agents who send them
Residential and commercial transactions across the GTA. Funds handled in trust, flat fees quoted up front, agents kept informed, and a lawyer who also litigates when a deal goes wrong.
Real estate law blends provincial and municipal rules with strict timelines. Whether it is your first condominium or a commercial plaza, the job is the same: confirm you are getting exactly the title you are paying for, on the terms you agreed to, with every dollar accounted for in trust.
Much of our work arrives through real estate agents and brokers, and that shapes how the practice runs. A closing is a deadline that other people's livelihoods depend on — the agent's commission, the seller's next purchase, the buyer's moving truck. We treat the agent as part of the file, not an outsider to it.
Real estate topics
Choose a topic to jump to that section — same style as our family law practice tiles.
Residential closings
Purchases, sales, refinances, condominium status reviews and title transfers — funds in trust, flat fees quoted up front.
Ayoun's commercial & franchise portfolio
National QSR, coffee, casual dining and home-services franchise work for operators and investors — multi-unit portfolios and leasing.
For agents & brokers
Direct line, same-day response, early bad news, and your client comes back to you — Agent Gold Star Relations.
Divorce & separation sales
Matrimonial home sales and interspousal transfers under a Separation Agreement or Order — no surcharge for reviewing family documents.
New builds & Tarion
Pre-construction review and warranty guidance so buyers keep the coverage they are entitled to under Ontario's new-home framework.
FTHB GST/HST rebate
First-time buyers of new builds: we apply to the CRA for the GST/HST rebate — up to $50,000 where you qualify.
Real estate ILA
Independent legal advice on private mortgages, guarantees, family transfers and releases — with a certificate the other side can rely on.
Residential
Residential purchases, sales and refinances
Key terms, in plain language
- Title — the legal ownership of the land, registered in Ontario's electronic land registration system.
- Mortgage (charge) — the loan secured against the property, registered on title.
- Power of sale — the process an Ontario lender most commonly uses to sell a property when a mortgage goes unpaid. If you have received a notice of sale, get advice immediately — timelines are short.
- Requisitions — your lawyer's formal demands to fix title problems before closing.
- Adjustments — the closing-day reconciliation of property taxes, condominium fees and other prepaid items.
What we handle
- Residential purchases, sales and refinances
- Title transfers between family members and survivorship applications
- Assignment purchases and pre-construction closings
- Status certificate reviews for condominiums
- Private mortgages, with independent legal advice for the parties
- Power of sale responses and mortgage enforcement disputes
Ayoun Haroon · Partner
Ayoun's commercial and franchise portfolio
Ayoun Haroon leads the firm's real estate and commercial practice. His commercial portfolio has been built substantially around franchised food service and retail — national quick-service restaurant brands, coffee and beverage operators, casual dining groups and home-services franchises — acting for the operators and investors who own and trade those locations rather than for the franchisors.
That work looks different from a residential closing. A single franchise location can involve the purchase of a business and its assets, a lease or a lease assignment with landlord consent, the franchisor's own consent and training conditions, equipment financing and general security, an HST election, employee continuity, and a closing date that has to line up with all of them at once.
Portfolio work includes
- Purchases and sales of franchised and independent businesses
- Commercial leasing, renewals, assignments and landlord consents
- Multi-unit and portfolio transactions for existing operators
- Plaza, retail and mixed-use property purchases and sales
- Corporate steps around a deal — incorporations, share and asset structures, amalgamations and acquisitions
- Commercial financing, security registration and payout arrangements
If you are buying or selling a franchised location, bring us the agreement and the lease together. The lease is usually where the value and the risk actually sit, and it is the document most often reviewed last.
For agents and brokers
Agent Gold Star Relations
Referring a client to a lawyer is a risk an agent takes with their own reputation. If the lawyer goes quiet, misses the requisition date, or discovers a problem on closing morning, it is the agent who gets the call. So we made the standard explicit rather than implied:
- A direct line, not an inbox. Agents and brokers reach the person working on the file. You will not be asked to submit a general enquiry about your own deal.
- Same-day response. Enquiries during business hours are answered the same business day, usually within a couple of hours. Evening reach until 7:00 PM weekdays, and we make ourselves available around closing dates when the timing genuinely requires it.
- Bad news early, not on closing morning. If a condition, a requisition, a lender or a party is putting the closing date at risk, you hear it as soon as we know — while there is still time to negotiate an extension or fix the problem.
- Straight status answers. Where the file stands, what is outstanding, whose signature we are waiting on, and whether funds have arrived.
- Your client comes back to you. We are the lawyers on the transaction, not a competing source of real estate advice. Referrals are a relationship, and we treat them that way.
Agents and brokers who want to talk through how we handle files before sending a client are welcome to call 905-232-2793 and ask for Ayoun directly.
Separation and divorce
The divorce real estate lawyer — when one side can sink the sale
A matrimonial home being sold during a separation is not an ordinary listing, and agents who have handled one know it. Both spouses normally have an equal right to possession of the matrimonial home under the Ontario Family Law Act regardless of whose name is on title, which means a sale can stall on a single signature. One party who is angry, absent, or advised to delay can put a firm deal — and an agent's commission — at risk.
Ayoun has acted on a great many of these transactions, including genuinely acrimonious ones, and the approach is the same each time: read the Separation Agreement or Order first, identify every signature and consent the closing will require, and get those obligations moving before they become a deadline problem. Where proceeds have to be held back, paid out in a particular order, or applied against equalization or support arrears, that gets set up in advance rather than argued about on closing day.
We cannot control what the other side does — nobody can, and any lawyer promising otherwise is overselling. What we can guarantee is that the delay will not come from our end. Searches, title work, requisitions, undertakings and the trust accounting are done early so that the moment the last signature lands the transaction is ready to register.
No extra charge for a Separation Agreement or Order
Where a purchase, sale or transfer is being carried out under a Separation Agreement or a court Order, reading that document and giving proper effect to its real estate terms is included in the standard closing fee. There is no additional charge, and no line item for "review of family documents". A separation is an expensive enough period already.
Clean title, so it does not come back
The point of doing this properly is that the property stops being a live issue between the parties. Releases are obtained, spousal interests are dealt with correctly on title, transfers between spouses are structured with the Land Transfer Tax treatment confirmed in advance, and the reporting letter records exactly where every dollar went. Years later, that record is what prevents the argument from restarting.
Because the firm also runs the family practice, a separating client does not have to brief two offices that never speak to each other. Family matters are led by Sabeeya Akram — see the family law practice — and the real estate side is handled here.
New builds
How Tarion works, and why the warranty matters
If you are buying a newly built freehold home or condominium unit from a licensed Ontario builder, your purchase comes with a statutory warranty. It is created by the Ontario New Home Warranties Plan Act and administered by Tarion, with builders and vendors separately licensed by the Home Construction Regulatory Authority. You do not opt in and you do not buy it separately — it attaches to the home.
Buyers routinely misunderstand two things about it. The first is how much it actually covers. The second, and the expensive one, is that the coverage is conditional on the homeowner meeting deadlines.
What the warranty covers
- One year — the home is fit to live in, built to the Ontario Building Code, and free from defects in work and materials, including unauthorized substitutions.
- Two years — water penetration through the basement or foundation, defects in the electrical, plumbing and heating delivery and distribution systems, defects in the exterior cladding, caulking, windows and doors that cause water to penetrate, and Building Code violations affecting health and safety.
- Seven years — major structural defects.
- Deposit protection — your deposit is protected against builder insolvency and certain other failures, up to limits set by regulation. We confirm the current limit for your price and property type rather than quoting a figure that may have moved.
- Delayed closing compensation — where a builder does not meet the closing or occupancy dates in the way the statutory framework requires, compensation may be payable.
The deadlines that decide whether you keep the coverage
This is the part worth reading twice. The warranty is not self-executing; you have to claim it, in writing, inside defined windows.
- The Pre-Delivery Inspection is your one documented walkthrough before you take possession. Everything incomplete, damaged or missing should go on that form — not raised verbally with the site supervisor and trusted to memory.
- The first warranty form must be submitted within the prescribed period after you take possession, and the year-end form within the prescribed period around the first anniversary. Items left off those forms can fall outside coverage even when the defect is genuine.
- Keep your own record. Dated photographs, emails to the builder, and a running list. Disputes turn on documentation, and the builder has better records than you do unless you make some.
We review pre-construction agreements before you sign where there is time — they are builder-drafted, the adjustments and development charge clauses can be open-ended, and the occupancy provisions on a condominium deserve real attention. We also explain the warranty framework at closing so you know what you are entitled to and by when. Full details of the programme are published at tarion.com.
First-time buyers · New builds
First-Time Home Buyers' GST/HST Rebate — we handle your CRA application
Buying your first home in Ontario just became significantly more affordable for many new-build purchasers. Under federal legislation, first-time home buyers of new-build properties can receive a GST rebate of up to $50,000. At Ayoun & Sabeeya LLP, we do not just close your purchase — the moment we take on your file, our team applies for the First-Time Home Buyers' (FTHB) GST/HST Rebate on your behalf, so you do not leave money on the table.
How much could you save?
For new homes valued up to $1 million, the rebate covers 100% of the GST paid, up to a maximum of $50,000. For homes valued between $1 million and $1.5 million, the rebate is gradually reduced on a sliding scale, and no rebate is available for homes valued at $1.5 million or more. This is a dramatic improvement over the older GST New Housing Rebate, which capped savings at approximately $6,300.
Who qualifies?
You may be eligible for the FTHB GST/HST Rebate if you:
- Are at least 18 years old and a Canadian citizen or permanent resident
- Have not lived in a home that you or your spouse owned, in Canada or abroad, as your primary residence at any time in the current calendar year or the previous four calendar years
- Are purchasing a newly constructed or substantially renovated home, or building your own home
- Have not previously received the FTHB GST/HST rebate, and neither has your spouse or common-law partner
- Signed your agreement of purchase and sale after March 19, 2025
Eligibility turns on the CRA's current criteria. We confirm those criteria against your facts before we file — this page is general information, not a determination that you qualify.
Why timing matters
If your home's ownership transferred before March 12, 2026, your builder may not have been able to credit the rebate directly at closing, meaning you need to apply to the CRA directly — and filing deadlines apply. Do not risk missing out on thousands of dollars because of a paperwork technicality. Our team reviews your closing documents, confirms your eligibility, and files your application correctly and on time.
How Ayoun & Sabeeya LLP helps
From the moment you retain us for your real estate closing, we:
- Confirm your eligibility for the FTHB GST/HST Rebate against current CRA criteria
- Prepare and submit the rebate application (Form GST190 or GST191, as applicable) alongside your closing
- Coordinate with your builder to credit the rebate at closing wherever possible
- Follow up directly with the CRA on your behalf if further documentation is required
Official CRA guidance on GST/HST new housing and related rebates is published on canada.ca. Ask us about the rebate when you send your Agreement of Purchase and Sale.
Independent legal advice
Real estate independent legal advice
Real estate ILA is advice from a lawyer acting only for you about a document someone else has asked you to sign — a private mortgage, a guarantee, a title transfer between family members, an interspousal transfer, or a release of interest in a property. We explain what you are giving up, confirm you are not being pressured, and issue an independent legal advice certificate the other side or the lender can rely on.
For domestic contracts and family ILA more broadly, see also Independent Legal Advice.
Where we serve clients
One office in Mississauga, with Google Meet consultations across Ontario. Pick your city for local court and travel details.
Real estate questions
12 questions from buyers, sellers, agents and brokers, answered under Ontario law. Free 15-minute intake call — $199 per half-hour for substantive advice.
When should I involve a lawyer in my purchase or sale?+
Before you sign the Agreement of Purchase and Sale if possible — and immediately after signing at the latest. Early review lets us check conditions, title, closing dates and adjustments while there is still time to fix problems.
What is title insurance and do I need it?+
Title insurance protects you (and your lender) against defects in title, survey issues, some kinds of fraud, and certain closing problems. Almost every Ontario residential closing today includes a title insurance policy; we arrange it as part of the closing.
How much is Land Transfer Tax?+
Ontario Land Transfer Tax is calculated on the purchase price on a sliding scale, and buying inside the City of Toronto adds a second municipal tax. Eligible first-time buyers can receive a provincial refund of up to $4,000. We calculate the exact amount for your closing before you sign back the offer if you ask us early.
What happens on closing day?+
Funds move between the lawyers in trust, title is transferred and registered electronically, the mortgage is registered, taxes and adjustments are paid, and keys are released. You get a full reporting letter with every document and figure after closing.
What if the seller or buyer does not close?+
A failed closing raises deposit, damages and specific performance issues — and deadlines matter. Ayoun Haroon handles both closings and real estate litigation, so the same office can enforce the agreement or defend your position.
I am an agent. How quickly will you respond to me?+
Same business day, and usually within a couple of hours during business hours. Agents and brokers get a direct line rather than a general inbox, and we will tell you plainly where a file stands — whether requisitions are outstanding, whether funds have arrived, and whether the deal will close on time. If a closing is at risk we tell you early, not on closing morning.
Do you charge extra when a sale comes out of a separation?+
No. Where the transaction is being carried out under a Separation Agreement or a court Order, reviewing that Agreement or Order and giving effect to its real estate terms is included in the standard closing fee — there is no separate charge for it. We think a family breakdown is the wrong moment to add a surcharge.
My ex will not cooperate with the sale. What can be done?+
It depends on what the Agreement or Order already says. Where a Separation Agreement or Order directs the sale, it usually sets out who lists, who signs, how the price is decided and how proceeds are divided, and it can often be enforced if one party stalls. Where nothing has been agreed, the route may be a court application. We handle the conveyancing and, because litigation is in-house, the enforcement side too.
Does Tarion cover my new build, and what do I have to do?+
New homes and condominium units built by a licensed Ontario builder come with statutory warranty coverage backed by Tarion under the Ontario New Home Warranties Plan Act. The coverage is real but it is conditional on you doing your part: attend the Pre-Delivery Inspection and document everything, then submit the warranty forms inside the prescribed windows. Missing those deadlines is the most common way buyers lose coverage they were entitled to.
What is the First-Time Home Buyers' GST/HST Rebate?+
Under federal legislation, eligible first-time buyers of newly constructed or substantially renovated homes can claim a GST rebate of up to $50,000. For new homes valued up to $1 million the rebate can cover 100% of the GST paid (to that maximum); between $1 million and $1.5 million it phases out; at $1.5 million and above there is no rebate. When we take on your closing we confirm eligibility and file the CRA application (Form GST190 or GST191, as applicable) so you do not leave that money unclaimed.
What is real estate independent legal advice?+
It is advice from a lawyer acting only for you about a real estate document someone else has asked you to sign — a private mortgage, a guarantee, a title transfer between family members, an interspousal transfer, or a release of interest in a property. We explain what you are giving up, confirm you are not being pressured, and issue an independent legal advice certificate the other side or the lender can rely on.
Do you act on commercial and franchise deals?+
Yes. Ayoun Haroon's commercial and franchise portfolio includes purchases, sales and leasing for national quick-service restaurant and retail franchise operators as well as independent business owners — multi-unit portfolios, franchise location leasing, assignments on a sale of business, and the corporate and financing steps that sit alongside them.
Send us your agreement before you sign
Your first 15 minutes are a free intake call. Substantive advice is billed at $199 per half-hour (CAD), and we confirm the rate with you before billed time begins. Meet us by Google Meet video call or in person at 25 Watline Avenue, Unit GR21, Mississauga. Monday to Friday, 9:30 AM – 7:00 PM.