Why offer-stage questions matter

Most calls to a real estate lawyer start the day after the deal becomes firm. By then, the agreement of purchase and sale has been accepted, conditions have waived or are about to, and the deposit has moved. The protective work the lawyer can do at that stage is narrower than the work the lawyer could have done a week earlier.

The questions below are the short list to ask at the offer stage. They are not exhaustive; they are the ones that reliably matter for a residential or commercial transaction in Ontario.

The eight questions

  • What conditions should this offer carry, and how long should each one run? Financing, inspection, status certificate review, and survey conditions each protect a specific risk. Removing one to make the offer cleaner may shift the risk to the buyer.
  • Is the deposit the right size, and what happens to it if the deal breaks? Deposits in Ontario are governed by the agreement, not by a default rule. The terms should match the buyer's tolerance for losing the deposit if a condition cannot be satisfied.
  • Does the seller's disclosure cover what I need to know? Sellers are not required to disclose every defect in Ontario. The agreement should not assume disclosure that the seller has not actually made.
  • Is the closing date workable against my financing? A 30-day close is comfortable; a 60-day close is generous; a 14-day close is tight if the lender requires a fresh appraisal. The closing date should be set against the lender's timeline.
  • If this is a condominium, what does the status certificate need to show? The status certificate covers reserve fund health, special assessments, pending litigation, and rules that may affect the buyer's plans. Reviewing it before waiving conditions is essential.
  • If this is a freehold, what does the title and survey need to confirm? Title and survey checks confirm registered ownership, encroachments, easements, and zoning compliance. The earlier these run, the cheaper the file is to close.
  • What is the inclusion and exclusion list, in writing? Chattels and fixtures must be itemised. Verbal agreements about what stays with the property do not survive closing.
  • What does the closing cost picture look like? Land transfer tax, title insurance, legal fees, mortgage costs, and adjustments together carry a meaningful number. The figure should be on paper before the offer firms.

What DRG does at the offer stage

DRG reviews the agreement of purchase and sale before the conditions waive, names the changes that close the most expensive gaps, and gives the owner the closing cost figure on paper before the deal becomes firm. The review is short, scoped, and priced at intake.