Buying a High-End Detached Home in the GTA: What to Check in the Agreement and Title Review
Four parties look at the house before it closes: you, your home inspector, the city’s records and your lawyer. Each one sees a different slice, and the costly problems tend to sit in the gaps between them.
What does the lawyer’s title review on a detached home actually cover, and what does it leave out?
Under paragraph 8 of OREA Form 100, your lawyer gets until the Requisition Date to search title, and until the earlier of 30 days after that date (or after conditions are met or waived, if later) or 5 days before completion to confirm there are no outstanding work orders or deficiency notices, that the present use can lawfully continue, and that the main building can be insured against fire. That review works from the record. An addition the city never inspected, a pool gate that doesn’t latch, or a light fixture the seller plans to take with them won’t turn up in it, so those have to be dealt with in the agreement before you sign.
Source: OREA Form 100, Agreement of Purchase and Sale, paragraph 8 (Ontario Real Estate Association, 2026)
Picture the second visit. You walk to the back of the lot and turn around to look at the house. The brick on the rear half is a slightly different colour from the front. There’s a pool with an iron fence, and the gate has been propped open with a planter for the showing. Inside, the dining room chandelier is clearly the reason the room photographs the way it does. The listing says fully renovated.
I’m Arthur Zhao, a real estate broker with AZ Real Estate Partners. Each of those details will be looked at by somebody before closing, but each one by a different person, at a different point in the deal, and some only if you ask in writing. This guide follows the purchase in order and shows, at each point, what can still be caught and fixed, and what can’t.
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Who looks at what, and when
It helps to know up front that nobody on your side is hired to check everything. Each person has a defined job and a defined window:
| Who | When | What they can see | What falls outside their job |
|---|---|---|---|
| You and your agent | Before you sign | The listing, what is physically on the property, and what the seller agrees to put in writing | Anything you didn’t write in is hard to add after acceptance |
| Home inspector | Condition period, if you have an inspection condition | The physical condition of the building and systems | Permit history, by-law compliance, lot lines |
| City records | Whenever ordered (Toronto quotes about five business days) | Issued permits on file, inspection status, outstanding orders | Permitted use, and anything the city never inspected |
| Your lawyer | Up to the Requisition Date and the paragraph 8 window | Registered title, easements, work orders and deficiency notices | The building’s condition and which items physically stay |
The steps below follow the same order. The earlier a problem is caught, the more options you have for handling it.
Before you sign: list everything that could leave with the seller
OREA’s own annotation to section 4 recommends describing items in detail, down to brand and serial number, and sums it up as when in doubt, spell it out. Two additions worth considering:
CHATT-2: the seller warrants that included chattels and fixtures will be in good working order and free of liens on completion. The warranty survives closing, but only as to their condition at completion.CHATT-8: names each rented item and its payment, so a monthly charge for a furnace, water heater or water system doesn’t surprise you after closing.
If you’re unsure whether something is a fixture or a chattel, list it anyway. Writing it down is cheaper than arguing over it later.
Before you sign: ask for paper, not reassurance
SWIM-1: the seller warrants, to the best of the seller’s knowledge and belief, that the pool, its equipment and its fencing comply with all applicable by-laws, regulations and legislation.SWIM-2adds a good-working-order warranty;SWIM-3covers winterizing before a fall or winter closing.ZONING-4: the seller warrants, again to the best of their knowledge, that the buildings sit wholly on the property and comply with zoning and building by-laws, and that the driveway is within the lot.SURVEY-2: the seller provides an existing survey and, on completion, a declaration that nothing has been added since it was drawn.SURVEY-4goes further: a survey by an Ontario Land Surveyor plus building plans, mechanical drawings, warranties and manuals, where available.SURVEY-3has the seller order a new one.
Notice the wording to the best of the seller’s knowledge. A seller who honestly didn’t know the previous owner skipped a permit has not broken that warranty. These clauses give you something to rely on; they are not proof that everything was permitted. That is why the next step still matters.
⚠️A common mix-up: OREA’s BUILD/CONST-1 condition lets you confirm that a building permit is available for a structure you plan to build, described in a schedule to the offer. It says nothing about whether a previous owner’s addition was permitted. For that, use the city record and the seller warranties above.
During the condition period: the inspector and the city record
Property Information Report lists issued building permits on file, the status of inspections and any outstanding orders for an address. The current fee is $214.79 per request (effective January 1, 2026), and the City quotes about five business days. If your condition period is short, order it the day the offer is accepted.
The pool deserves its own look. According to Toronto Municipal Code Chapter 447 (Fences), a swimming pool is any outdoor structure where the water can be deeper than 600 mm. Every pool owner must keep an enclosure that completely surrounds it (§ 447-1.3A). A pool enclosure permit is required before the pool is dug or built (§ 447-1.3B(1)), and the pool may not be filled until an officer has inspected and confirmed a complete permanent enclosure (§ 447-1.3B(7)). On a single residential property the enclosure must be at least 1.2 metres high (Table 2). A single gate has to be self-closing and self-latching and kept locked unless the area is in use (§ 447-1.3C(6)).
Two practical questions for the seller: is there a pool enclosure permit on record, and was the enclosure inspected? Outside Toronto, the rules come from that municipality’s own by-law, so the numbers above may not apply.
What a clean city record does and doesn’t tell you
💡 My own view: on a detached home in this price range, the costly gap usually isn’t a hidden defect. It’s the space between the inspection report and the lawyer’s search, because neither one is set up to answer whether the rear addition or the pool enclosure was approved. If I could ask for only two documents before going firm, I’d want the seller’s survey and the city’s permit record, and I’d read them side by side. Whether to proceed when they don’t match is your decision; my job is to make sure you see the mismatch before the conditions run out.
By the requisition date: the lawyer’s window
Paragraph 10 then sets the consequence. A valid objection must be made in writing within those times. If the seller can’t or won’t fix it, and you won’t waive it, the agreement ends and your money is returned. If no objection is made in time, you’re deemed to accept the seller’s title, except for objections that go to the root of title.
Large lots raise one more point. Paragraph 10 also has you accepting, without objection, minor easements for domestic utility or telecommunication services, and easements for drainage, sewers, utility and cable lines that don’t materially affect the use of the property, plus registered restrictions and covenants as long as they are complied with. Whether a particular easement crosses the spot you planned for a pool or a garage is exactly the question to put to your lawyer while the survey and the title search are both on the desk. If you knowingly accept an easement, TITLE-3 is the clause that records it.
ℹ️Title insurance: under paragraph 10 of Form 100, a seller can answer some objections by obtaining title insurance for you and your lender at the seller’s cost, instead of fixing the problem. Whether a policy covers a particular addition, pool or encroachment depends on its wording, so ask your lawyer to confirm coverage for each specific item rather than assuming.
Before closing: budget the transfer tax and use your last visit
Worked example, a $4,200,000 detached home in Toronto, before any first-time buyer refund:
| Portion of price | Toronto MLTT | Ontario LTT |
|---|---|---|
| First $55,000 | $275 | $275 |
| $55,000 to $250,000 | $1,950 | $1,950 |
| $250,000 to $400,000 | $2,250 | $2,250 |
| $400,000 to $2,000,000 (2.0%) | $32,000 | $32,000 |
| $2,000,000 to $3,000,000 (2.5% / 2.5%) | $25,000 | $25,000 |
| $3,000,000 to $4,000,000 (4.40% / 2.5%) | $44,000 | $25,000 |
| $4,000,000 to $4,200,000 (5.45% / 2.5%) | $10,900 | $5,000 |
| Total | $116,375 | $91,475 |
Combined: $207,850, about 4.95% of the price, which has to be funded on closing on top of your down payment. For a purchase elsewhere in the GTA, ask your lawyer which transfer taxes apply to that address.
Then use your final visit. INSP-15 gives you one more inspection before completion at a mutually agreed time. Bring the chattels and fixtures list from step 1 and check it item by item, including the pool gate.
- OREA Form 100, Agreement of Purchase and Sale (annotated edition), sections 4, 5, 6, 8, 9 and 10 (OREA, 2026)
- OREA Standard Clauses: CHATT-2, CHATT-8, SWIM-1 to SWIM-3, ZONING-4, SURVEY-2 to SURVEY-4, TITLE-3, INSP-15, BUILD/CONST-1 (OREA, revised January 1, 2026)
- City of Toronto, Municipal Code Chapter 447, Fences
- City of Toronto, Property Information Reports
- City of Toronto, Municipal Land Transfer Tax rates and fees
- Government of Ontario, Calculating land transfer tax
N11 Agreement End Tenancy Ontario →Buyer Rep Agreement →Title Insurance Guide →Closing Costs in Ontario →
Frequently Asked Questions
Does title insurance cover an addition that was built without a permit?
It depends on the policy wording, so there is no general yes or no. Paragraph 10 of OREA Form 100 lets a seller satisfy some title objections by getting title insurance for you at the seller’s cost, which makes the policy’s exact coverage important. Ask your lawyer to confirm in writing whether the specific structure is covered.
How much land transfer tax will I pay on a $4 million house in Toronto?
For a home with one or two single-family residences at $4,000,000, Toronto’s Municipal Land Transfer Tax is $105,475 and Ontario’s land transfer tax is $86,475, for $191,950 combined before any first-time buyer refund. The Toronto rate between $3 million and $4 million is 4.40% since April 1, 2026 (City of Toronto), while Ontario charges 2.5% above $2 million (Government of Ontario).
What should I check about the pool fence before buying in Toronto?
Toronto Municipal Code Chapter 447 requires every pool deeper than 600 mm to be fully enclosed, with an enclosure at least 1.2 metres high on a single residential property and a self-closing, self-latching gate. A pool enclosure permit is needed before the pool is built, and the pool can’t be filled until the enclosure is inspected. Ask the seller for the permit and inspection record, and consider OREA clause SWIM-1, where the seller warrants by-law compliance to the best of their knowledge.
What happens if my lawyer finds a work order before closing?
Under paragraphs 8 and 10 of OREA Form 100, your lawyer objects in writing within the agreed window, which ends at the earlier of 30 days after the Requisition Date (or after conditions are met, if later) or 5 days before completion. If the seller can’t or won’t resolve it and you don’t waive it, the agreement ends and your deposit comes back. If nobody objects in time, you are deemed to accept the title.
Should I ask the seller for a survey on a big lot?
Usually yes, because the survey is what shows where structures, fences, easements and encroachments actually sit. OREA clause SURVEY-2 has the seller provide an existing survey plus a declaration that nothing was added since, and SURVEY-4 adds building plans, mechanical drawings and warranties where available. Your lender or lawyer may still want a new survey, and if your agreement includes SURVEY-1, you have acknowledged that cost is yours.
Discover more from GTA Real Estate Broker | Arthur Zhao
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