Real Estate Lawyer for New Build Home Purchases in Ontario
Flat-fee legal services for Ontario new build purchases. Builder agreement review available during your cooling off period. Personal attention at every stage.
Builder agreement review available for $500 + HST, credited at Final Closing
Flat legal fee of $2,075 + HST at Final Closing for all new build purchases
Occupancy Closing fee of $1,075 + HST where applicable (condominium closings)
Personal file review by Diane Ulman at every stage
Virtual and in-person closings available across Ontario
Clear written quote provided after every consultation
New Build Purchases Are Different
Buying a home from a builder is not the same as buying a resale property. The agreement you sign is not a standard OREA form. It is written by the builder's lawyers and it heavily favours the builder. Understanding what you are agreeing to before you sign is one of the most important things you can do as a new build buyer.
At Dwell Law, your file is reviewed personally by Diane Ulman from start to finish. Not passed to a service, not processed by a platform.
Builder Agreement Review
Before you sign a builder agreement or during your 10-day cooling-off period, we strongly recommend having your agreement reviewed by a lawyer. Issues identified before your deal is firm are far easier to address than issues discovered after.
Dwell Law offers a flat-fee builder agreement review for $500 + HST. This includes:
A thorough review of your builder Agreement of Purchase and Sale
A consultation with Diane to walk through her findings in detail
A written summary of key issues and considerations sent to you by email
If you proceed to Final Closing with Dwell Law, the full $500 + HST review fee is credited toward your Final Closing fee.
If you already have a firm deal and are ready to proceed directly to closing, the review fee does not apply. Contact us to discuss your specific situation.
Understanding Your Closing
New build purchases in Ontario involve either one or two closings depending on the type of property. Understanding which applies to your purchase is important for budgeting and planning.
New Build with Occupancy Period
Most new build condos and some freehold new build properties involve two separate closings:
Occupancy Closing
The first closing is the Occupancy Closing. This is when you take possession of the property and move in, but title remains in the builder's name. You will pay the builder an occupancy fee during this period until the Final Closing occurs. Our flat legal fee at Occupancy is $1,075 + HST.
Final Closing
The second closing is the Final Closing. This is when your name and your mortgage are officially registered on title and you become the legal owner of the property. This stage involves its own detailed review of documents, calculations, and coordination with the builder, your lender, and government authorities. Our flat legal fee at Final Closing is $2,075 + HST.
Total legal fees for a new build with occupancy period: $3,150 + HST across both closings, including legal work for one mortgage.
New Build Direct to Final Closing
Some freehold new build properties close directly to Final Closing without an interim occupancy period. In these cases only one closing is required.
Our flat legal fee for a new build direct to Final Closing is $2,075 + HST, including legal work for one mortgage.
What Is Included
At every closing stage, Dwell Law handles:
Review of your builder Agreement of Purchase and Sale
Detailed review of all closing documents and calculations
Coordination with the builder, your lender, and government authorities
Review and explanation of closing adjustments
Registration of title and mortgage at Final Closing
Tarion warranty guidance
Remote signing and virtual appointments available
Clear, ongoing communication throughout both stages
Our Pricing
Our flat legal fees for new build purchases are transparent and all-in. We do not charge extra for faxing, copying, bank fees, courier costs, or other office expenses.
Builder Agreement Review: $500 + HST. Includes full APS review, client consultation, and written email summary. Credited in full toward your Final Closing fee if you proceed with Dwell Law.
New Build with Occupancy Period: $1,075 + HST at Occupancy Closing. $2,075 + HST at Final Closing. Total $3,150 + HST.
New Build Direct to Final Closing: $2,075 + HST at Final Closing.
Additional legal fees may apply if your mortgage is with a private lender, if you require a bridge loan, or if one of your closing dates is less than two weeks away. We are happy to provide a tailored quote if any of these apply.
A note on our deposit: For firm deal clients who have not used our builder agreement review service, we request a non-refundable deposit of $500 + HST once your deal is firm. This deposit is applied toward the Final Closing fee.
What every Ontario new build purchase requires regardless of your lawyer: These are government-mandated and third-party costs that are the same no matter which lawyer you use. They are not Dwell Law charges:
Land Transfer Tax, based on purchase price. Use our land transfer tax calculator for an estimate.
Government registration fees, approximately $85 to $170
Title insurance, approximately $600 to $1,500 based on property value and lender requirements
Ministry search fees, approximately $75 to $150
Electronic ID verification, $27.50 + HST per purchaser (this reflects our current provider rate; fees vary by law firm)
After your free consultation you will receive a clear, itemised quote by email so you know exactly what your closing will cost before you commit. No surprises, no hidden fees.
First-time buyers purchasing from a builder
Families buying a new build detached, semi-detached, or townhouse
Condo buyers purchasing a pre-construction unit
Investors purchasing new build properties
Buyers in Burlington, Milton, Oakville, and across the GTA where new build activity is highest
Buyers in the 10-day cooling off period who need a builder agreement reviewed before committing
Who We Work With
Frequently Asked Questions
Thinking about buying a new build? Diane is available for a free 15-minute consultation before you sign your builder agreement. Builder contracts are not standard forms and should be reviewed by a lawyer before you commit. There is no obligation and no pressure. Just clear answers before you sign anything.
Should I have a lawyer review my builder agreement before I sign?
Yes, strongly. Builder agreements are written by the builder's lawyers and contain terms that heavily favour the builder. Having Diane review your agreement before you sign can identify issues that are very difficult to address after the fact. Dwell Law offers a flat-fee builder agreement review for $500 + HST, which includes a full review, a client consultation, and a written email summary. The fee is credited toward your Final Closing if you proceed with Dwell Law.
What is the 10-day cooling off period on a new build?
In Ontario, buyers of new build condominiums have a 10-day cooling-off period after signing a purchase agreement during which they can cancel the agreement without penalty. This is the ideal time to have a lawyer review your builder agreement. Freehold new build purchases do not have a statutory cooling off period, which makes pre-signing legal review even more important.
Does my new build purchase involve one closing or two?
It depends on the type of property. Most new build condos and some freehold new builds involve two closings — an Occupancy Closing and a Final Closing. Some freehold new build properties close directly to Final Closing without an interim occupancy period. Contact us to confirm which applies to your specific purchase.
What is an occupancy fee?
During the period between your Occupancy Closing and your Final Closing, you occupy the property but do not yet own it legally. The builder charges an occupancy fee during this period, which covers the builder's costs until the Final Closing occurs. Your lawyer will review the occupancy fee calculation to make sure it is correct.
What are closing adjustments on a new build?
Closing adjustments are additional costs calculated by the builder at Final Closing. They can include development charges, utility connections, property tax adjustments, and other items. They are one of the biggest surprises for new build buyers and can add thousands of dollars to your closing costs. Dwell Law reviews every adjustment carefully to make sure the calculations are accurate.
Can Dwell Law negotiate with the builder on my behalf before the deal goes firm?
Yes. If you would like Diane to negotiate specific terms with the builder before your deal is firm, we are happy to assist. Builder negotiation is handled on a billable basis separate from the builder agreement review fee. Contact us for details or ask during your free consultation, and we will walk you through how it works and what to expect.
What does Tarion cover?
Tarion is Ontario's new home warranty program. It provides coverage for deposit protection, delayed closing compensation, and warranty protection on the home itself. Your lawyer will explain what Tarion covers and what your rights are as a new build buyer.
Can I sign my closing documents remotely?
Yes. Dwell Law offers virtual appointments and remote signing so you can complete both your Occupancy and Final Closing from anywhere in Ontario.
WHAT OUR CLIENT’S SAY
“Diane and her entire team were a pleasure to work with. From the onset, every step was clarified and made easy to navigate. This was our first home purchase and the process was made so stress free by Diane. We felt supported and everyone’s communication was professional and prompt. We would highly recommend anyone to Diane and her team and would definitely use Dwell Law services in the future.”
Ready to move forward? Book your free 15-minute consultation and receive a clear written quote by email.