Selling a home in Ontario requires gathering a specific set of documents before listing, during the offer process, and at closing. Missing documents can delay a sale, create disclosure problems, or derail a deal at the worst possible time. Knowing what documents you need to sell your home — and when each is required — lets you prepare properly and avoid last-minute scrambles. Here's the complete seller document checklist for Ontario.
Documents Needed Before You List
Government-issued photo ID: Your real estate agent and lawyer both require valid government-issued photo identification — a passport or driver's licence — as part of FINTRAC (anti-money laundering) compliance requirements. Both spouses or co-owners must provide ID.
Property survey: An existing survey showing the lot boundaries, structures, and easements is valuable but not mandatory. If you have one from when you purchased, provide it to your agent and lawyer. Buyers and their lenders often prefer a current survey. If you don't have one, buyers typically purchase title insurance instead. Surveys are expensive ($1,500–$3,000+) to obtain new — don't commission one unless your lawyer advises it.
Previous home inspection reports: If you had an inspection done before listing (a pre-listing inspection), provide it to potential buyers. Ontario disclosure rules require that you not selectively withhold material information. Hiding an inspection report that reveals defects while marketing the home can create legal liability.
Permits and completion certificates: Gather all building permits for work done on the property — basement renovations, additions, deck construction, HVAC replacements, electrical panel upgrades. You need both the original permit and the final inspection certificate (sometimes called a "close permit" or "completion certificate"). Permits without final inspections are open permits — a serious issue that must be disclosed and typically resolved before closing. See our guide on selling with an outstanding permit.
WETT certificate: If your home has a wood-burning fireplace, wood stove, or pellet stove, most buyers request a Wood Energy Technology Transfer (WETT) inspection and certificate. This isn't legally required for listing, but buyers frequently make it a condition. Having one ready speeds up the conditional period.
Utility bills: Recent hydro, gas, and water bills help buyers understand operating costs. Your agent may request 12 months of utility history for marketing purposes.
Disclosure Documents
Seller Property Information Statement (SPIS): The SPIS is an OREA standard form where you disclose known conditions, defects, and facts about the property. It's technically voluntary — you're not legally required to complete one. However, if you do complete a SPIS, every answer must be truthful and complete. A false statement on a SPIS creates serious legal exposure. Many sellers choose not to complete a SPIS on the advice of their lawyer. Regardless of whether you complete a SPIS, you remain legally obligated to disclose material latent defects.
Environmental disclosures: If you're aware of any environmental issues — underground oil tank, soil contamination, asbestos — these must be disclosed. Prior insurance claims may also be relevant to disclose.
Condo-Specific Documents
If you're selling a condo, the condo corporation's status certificate package is essential. Your real estate lawyer or the listing brokerage typically orders it from the condo corporation. The status certificate costs up to $100 (the corporation has 10 days to provide it) and includes the corporation's financial statements, reserve fund study, meeting minutes, current budget, rules and bylaws, any outstanding special assessments, and the declaration. Buyers have a standard condition period (usually 10 business days after receipt) to review it. You cannot avoid providing this — buyers are entitled to it under the Condominium Act, 1998.
Also collect: the parking and locker ownership documents (if your parking and locker are owned vs. exclusive use), the original condo declaration and rules you received when you purchased, and any special assessment notices you've received.
Documents Your Lawyer Prepares for Closing
Your real estate lawyer handles most closing documents, but needs input from you to do so:
- Mortgage information: Provide your lender name, mortgage account number, and contact details so your lawyer can obtain the discharge statement and payout amount.
- Existing liens or judgments: If any judgments, liens, or encumbrances exist against you personally or the property, disclose them to your lawyer immediately. These affect title and must be resolved at closing.
- Marriage certificate / divorce order: If the property is a matrimonial home and you're divorced or separated, your lawyer needs the divorce order or separation agreement to confirm disposition rights. In Ontario, both spouses must consent to sell a matrimonial home regardless of whose name is on title.
Real Estate Transaction Documents
During the transaction itself, your agent and lawyer handle preparation of:
| Document | Who prepares it | Purpose |
|---|---|---|
| Listing Agreement (OREA Form 200) | Your real estate agent | Authorizes agent to list and market property |
| Agreement of Purchase and Sale | Buyer's agent (seller reviews and signs) | The binding purchase contract |
| Transfer/Deed of Land | Your lawyer | Transfers ownership to buyer on closing |
| Statement of Adjustments | Your lawyer | Prorates property tax, utilities to closing date |
| Direction re Funds | Your lawyer | Instructs how sale proceeds are disbursed |
| Mortgage Discharge | Your lender (via your lawyer) | Removes mortgage from title on closing |
What Sellers Often Forget
A common problem we see: sellers can't locate the original survey, permit records, or WETT certificate. These are usually in the package of documents you received when you purchased the home. If you've lost them, some municipalities provide permit history online (Toronto's building permit records are searchable at toronto.ca). Your title insurer may also have survey information. Consult your real estate lawyer early — they'll tell you which documents matter most for your specific property.
Understanding what you must disclose when selling is equally important. Documents establish facts; disclosure obligations determine what you're legally required to tell buyers about those facts.
FAQ
Do I have to fill out the Seller Property Information Statement?
No. The SPIS is voluntary in Ontario. Many sellers, on their lawyer's advice, choose not to complete it. However, not completing a SPIS does not eliminate your disclosure obligations — you are always legally required to disclose material latent defects. The risk with completing a SPIS is that errors or omissions on it can create additional legal liability beyond what exists at common law.
What happens if I can't find the permits for my basement renovation?
Most municipalities, including Toronto, maintain digital or microfiche permit records going back decades. Your lawyer or agent can help you search. If no permit was pulled and work was done, this is a disclosure issue — buyers must know the basement work was done without permits. An open or missing permit affects title insurance and can complicate a buyer's financing. See our guide on selling with outstanding permits.
Do I need a survey to sell my home in Ontario?
No. Most Ontario home sales proceed without a current survey — buyers obtain title insurance instead (which lenders require anyway). If you have an existing survey, provide it. If you don't, don't commission a new one unless your lawyer advises otherwise. Title insurance is standard practice and generally adequate for both buyers and lenders.
Do both spouses have to sign the listing agreement?
Yes, if the property is a matrimonial home under the Family Law Act (the home you ordinarily occupy as your family residence). Both spouses must consent to sell a matrimonial home even if only one spouse's name is on title. This applies regardless of marital status — separated spouses retain matrimonial home rights until divorce is finalized or a court order or agreement removes them.
How far in advance should I engage my lawyer before listing?
Ideally 2–4 weeks before listing. This gives your lawyer time to review title, identify any issues (outstanding liens, encroachments, open permits) that need resolution before buyers see the property, and advise you on disclosure. Many sellers only call their lawyer after an offer is accepted — this is too late to catch title problems that should have been addressed before marketing.