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The Real Estate Transaction Process, Explained by David Davis
Buying or selling real estate is one of the most significant financial decisions a person or business can make. Yet, for many, the legal side of the process remains confusing and intimidating. That’s why David Davis, a senior paralegal based in Toronto with over 10 years of experience in real estate and corporate law, is dedicated to making these transactions smooth, transparent, and well-managed.
At Smith & Turner LLP, David works alongside lawyers, real estate professionals, and clients to ensure that every step in a real estate transaction—whether residential or commercial—is handled with clarity, accuracy, and legal compliance. In this blog, he walks us through the real estate transaction process from start to finish, shedding light on the steps behind the scenes.
Step 1: Offer and Agreement of Purchase and Sale
The real estate process begins when the buyer makes an offer to purchase a property. Once the offer is accepted, it becomes an Agreement of Purchase and Sale (APS)—a legally binding contract that outlines the price, closing date, and any conditions (such as financing or inspection clauses).
“This is a critical document,” David explains. “We carefully review it to ensure the terms are clear and fair, and that all parties understand their legal obligations.”
At this stage, David often assists lawyers in reviewing the APS for accuracy, completeness, and compliance with applicable laws. Any inconsistencies or missing terms can create delays or even legal disputes later on.
Step 2: Title Search and Due Diligence
Once the agreement is firm, the next step is conducting a title search. This ensures that the seller has the legal right to transfer ownership and that there are no encumbrances—like unpaid taxes, liens, or easements—that could impact the buyer.
David supports this process by:
- Reviewing title records
- Flagging potential issues
- Liaising with title insurance companies
“We don’t just look at ownership. We investigate the property’s legal history to ensure the buyer isn’t inheriting unexpected problems.”
If any red flags are discovered, David works with lawyers to address them before the closing date.
Step 3: Document Preparation and Review
The legal documentation involved in a real estate transaction is extensive. David plays a central role in preparing and reviewing:
- Transfer documents
- Mortgage instructions and discharges
- Statement of adjustments (which outlines financial obligations, such as taxes or condo fees)
- Closing agendas and checklists
“Accuracy is everything here,” says David. “A small error in a name, number, or clause could delay registration or invalidate key documents.”
He ensures all paperwork complies with Ontario real estate laws and is aligned with lender requirements where applicable.
Step 4: Coordination with Stakeholders
One of David’s most valued skills is coordinating communication between all parties involved—buyers, sellers, realtors, mortgage brokers, lenders, municipal offices, and lawyers.
“The real estate process isn’t just about documents; it’s about teamwork,” David notes. “My role is to make sure everyone is aligned so the deal closes without surprises.”
He manages timelines, tracks deliverables, and ensures that all parties are informed as the closing date approaches.
Step 5: Closing the Transaction
Closing day is when legal ownership officially transfers from the seller to the buyer. Funds are exchanged, documents are registered with the Land Registry Office, and keys are handed over.
David is heavily involved behind the scenes:
- Verifying receipt of funds
- Registering property title and mortgage documents electronically
- Confirming payment of closing costs and taxes
“There’s no room for error on closing day. Everything has to be timed and executed perfectly.”
Once everything is processed, David notifies all parties that the transaction is complete—an exciting moment for everyone involved.
Step 6: Post-Closing Tasks
Even after the deal is done, David’s work isn’t over. He ensures that:
- Original documents are stored or forwarded properly
- Clients receive final reports and closing binders
- Any holdbacks or post-closing undertakings are tracked and completed
These details, while often overlooked, are essential for compliance and future legal clarity.
Final Thoughts: Confidence Through Clarity
With years of experience supporting lawyers and clients through the legal maze of property transactions, David Davis brings both precision and professionalism to every real estate deal. From the initial offer to the final registration, his work ensures that nothing falls through the cracks.
“Real estate law isn’t just about paperwork,” David reflects. “It’s about protecting people’s investments, guiding them through major life decisions, and making sure their rights are secured every step of the way.”
If you’re entering the property market—whether buying, selling, or refinancing—working with legal professionals like David Davis can provide the clarity and confidence you need to close the deal successfully.
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