Part 4 · Buying and Closing a Home

Chapter 21Ontario Mortgage Closing Costs

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The down payment is not the total cash required

A buyer may need funds for the deposit and remaining down payment, land transfer taxes, legal fees and disbursements, title insurance, property adjustments, mortgage-insurance tax where applicable, inspection, appraisal, lender or brokerage fees where applicable, moving, repairs and reserves.

Deposit and remaining down payment

The deposit is paid under the purchase agreement and is credited toward the buyer’s total contribution.

Example:

Purchase price: $900,000

Total down payment: $180,000

Deposit paid: $50,000

Remaining down payment at closing: $130,000

Ontario and Toronto land transfer taxes

Ontario land transfer tax generally applies to the acquisition of land or a beneficial interest and is usually payable when the transfer is registered.

A purchase within the City of Toronto may also attract Toronto Municipal Land Transfer Tax. Ontario and Toronto first-time-buyer refunds have separate eligibility requirements.

Transfers involving spouses, corporations, trusts, estates or beneficial owners should be reviewed legally and, where appropriate, for tax consequences.

Legal costs may include the lawyer’s professional fee, title search, registration, execution searches, disbursements, title insurance, mortgage discharge and HST.

Private and commercial files may require separate lender counsel, with the borrower paying both legal accounts under the commitment.

Title insurance may cover specified title risks but does not replace home insurance, inspection, environmental review or legal advice.

Appraisal and inspection costs depend on property type, location, scope and urgency.

Mortgage and financing costs

Where default insurance is required, the premium may ordinarily be added to the mortgage, subject to program rules. Applicable provincial tax on the premium generally requires cash at closing.

Alternative, private, commercial, bridge and construction financing may involve lender fees, brokerage fees, lender legal fees, prepaid interest and appraisal costs.

The approved mortgage amount is not necessarily the amount the borrower receives after fees and payouts.

Adjustments and builder costs

Adjustments can allocate property taxes, condominium fees, rent, utilities or fuel between buyer and seller.

New construction may involve development charges, utility connections, warranty-related charges, occupancy fees, HST adjustments, reserve contributions and builder-specific closing adjustments.

Worked purchase example

Purchase price: $900,000

Down payment: $180,000

Deposit paid: $50,000

Mortgage: $720,000

Illustrative Ontario land transfer tax: $14,475

Legal fee and disbursements: $2,500

Title insurance: $500

Appraisal: $500

Inspection: $600

Tax adjustment: $1,800

Moving and setup: $3,500

Repair reserve: $5,000

Remaining down payment = $130,000

Other planned funds = $28,875

Additional cash required after deposit = $158,875

Total buyer cash including deposit = $208,875

The total cash requirement is $28,875 greater than the down payment under the stated assumptions.

Actual land transfer tax, legal costs and adjustments must be calculated for the real transaction and closing date.

Worked refinance proceeds

New mortgage: $600,000

Existing first-mortgage payout: $475,000

Penalty: $9,000

HELOC payout: $50,000

Legal and discharge costs: $2,500

Appraisal: $500

Lender and brokerage fees: $12,000

Net available = $51,000

Although the new mortgage is $125,000 larger than the existing first mortgage, only $51,000 remains after all other payouts and costs.

Land transfer tax is excluded; Toronto MLTT is missed; a first-time-buyer rebate is assumed incorrectly; builder adjustments are underestimated; a shortfall appears; mortgage-insurance tax is omitted; private fees are deducted from proceeds; both lawyers’ costs are not budgeted; the existing penalty changes; or a gift covers the down payment but not closing costs.

If You Remember Only Three Things

1. The down payment is only one component of the cash required to close.

2. Ontario and Toronto land-transfer taxes must be treated separately.

3. Net mortgage proceeds may be far lower than the approved amount after fees, penalties and payouts.