When you’re buying or selling a home, it’s easy to assume your real estate agent has all the answers. After all, we’re right there with you through one of the biggest transactions of your life.
We negotiate on your behalf, help you navigate listings, contracts, and offers, and provide education at every step.
But…while we are your trusted advisors in the real estate process, we are not legal experts.
Realtors are Trusted Guides, Not Legal Advisors
We understand that real estate closings can be emotional and complex. When unexpected issues arise – such as title concerns, contract disputes, or questions around estate sales – buyers and sellers often turn to us first. We’re honoured by that trust, and we do our absolute best to offer guidance, resources, and support.
However, there are limits to the kind of advice we are ethically and legally permitted to provide.
We cannot give legal advice. As much as we care about your experience and outcome, anything that dips into legal territory must be handled by a qualified real estate lawyer.
Let’s break down the roles a little further:
Real Estate Agents
Focus: The front-end of the transaction – finding and marketing properties, negotiating deals, and guiding clients.
Responsibilities:
- Helping clients find suitable properties or buyers
- Listing properties for sale
- Negotiating offers and counter-offers
- Facilitating showings, open houses, and communications between all parties
- Guiding clients through the transaction process with resources and insights
Regulation: Agents in Ontario are licensed and regulated by the Real Estate Council of Ontario (RECO), ensuring professional standards and consumer protection.
Real Estate Lawyers
Focus: The back-end, legal aspects of the transaction, including contract law, compliance, and risk mitigation.
Responsibilities:
- Reviewing contracts, agreements of purchase and sale, and amendments
- Conducting title searches to ensure there are no legal impediments to the transaction
- Ensuring all legal requirements and documentation are met
- Handling the closing process and the transfer of funds and ownership
- Resolving legal disputes or clarifying legal ambiguities if they arise
Regulation: Lawyers in Ontario are governed by the Law Society of Ontario (LSO), upholding high standards of legal ethics and competence.
When Emotions Run High, Know Where to Turn
Real estate deals can get stressful. Sometimes tempers flare, unexpected changes come up, or disagreements about contract terms emerge.
In these moments, it’s essential that everyone involved – buyers, sellers, and agents – pause and remember what kind of counsel each professional is trained to offer.
Your real estate agent brings market expertise, negotiation skills, and day-to-day transaction support. But, when things evolve into legal ambiguity or conflict, it’s not just appropriate to involve a lawyer – it’s necessary.
Don’t Be Upset. Be Empowered.
We understand how frustrating it can be when your smooth transaction hits a bump. You look to your real estate agent for answers, and suddenly you’re told you need a lawyer. It might feel like you’re being passed off or that we don’t want to help. But in truth, referring you to legal counsel isn’t avoiding support. It’s the best kind of support we can offer in that moment.
We’re still here. We’ll be by your side throughout the process. But just like you wouldn’t expect your lawyer to draft your listing description, you shouldn’t expect your agent to interpret legal statutes or provide enforceable legal advice. That’s why having both a trusted Realtor® and a skilled real estate lawyer is so important.
The Bottom Line
While your agent can help you find your dream home and negotiate the best deal, your lawyer ensures every document is legally sound and that your investment is protected. Having both professionals in your corner is the formula for a smooth, successful, and secure real estate transaction.
As your real estate professionals, we promise to always act in your best interests and help you get to the finish line. And when the transaction becomes legally complicated, we’ll also help you get the right legal advice – because protecting you is what matters most.
Looking to buy or sell? Let’s talk. And if legal questions pop up, we’ll help you find the right professionals to guide you.
