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Disbursements- Disbursements are the "out of pocket" expenses which the lawyer pays on behalf of his or her client for the search of title, utility clearance letters, etc., and are paid in addition to the fee.

For a vendor, the disbursements are typically under $200.00. These would include the registration costs to discharge outstanding mortgage(s), courier costs, etc.

For a purchaser, however, the disbursements are usually more. This is due to the "caveat emptor" rule, placing the onus on the purchaser to check all matters relating to the property before buying it. The cost of obtaining letters of status and compliance from the various utilities and government authorities has risen dramatically during the last number of years.

The following disbursements may apply in a typical residential real estate transaction:

Municipal and Utility Searches and Registrations

Tax certificate

$30.00 to $60.00

Water certificate

$30.00 to $40.00

Gas Search

$15.00

Zoning By-Laws

$60.00 to $100.00

Building By-Laws

$35.00 to 146.00

Work Orders

$18.00 to 46.00

Transaction Levy

$50.00

Registration of Deed

$70.70

Registration of Mortgage

$70.70

Title Insurance

Title insurance is becoming increasing popular with residential home buyers. It offers many advantages over a non-titled transaction. Some of these are: (i) you avoid some disbursements, and in many cases savings on disbursements will be greater than the cost of title insurance; (ii) it provides broader coverage than a lawyer’s certificate on title (which is often qualified); and (iii) it usually eliminates the requirements of a new survey.

Land Transfer Tax

This is tax payable by the purchaser of any land in Ontario. It is payable at the time of closing. It is calculated as a percentage of the purchase price. If the premises being purchased include GST (which normally applies when purchasing a newly constructed house from a builder), the tax will be calculated on the price after deducting the GST. For a purchase price between $55,000.00 and $250,000.00 the easiest way to calculate the tax is to multiply the purchase price by 1% and then deduct $275.00. The following schedule may be of assistance to you.

Purchase Price Land Transfer Tax

$ 75,000.00

$ 475.00

$100,000.00

$ 725.00

$150,000.00

$1,225.00

$200,000.00

$1,725.00

$250,000.00

$2,225.00

Over $250,000.00 Check with your lawyer

Note that in certain transactions payment of land transfer tax may be reduced or waived. For instance, the government has at times waived payment for first time buyers of new homes. Also, certain non-arms- length transactions may be exempt.

Survey

A new survey may be required if a fairly recent and up-to-date one cannot be obtained from the Vendor or someone else. Generally speaking, a survey will cost in the neighbourhood of $1,000 in the Ottawa Area. A cheaper alternative to a new survey may be title insurance.

Prepared by Gerald A. Dust, Dust Evans, 2589 St. Joseph Blvd., Orléans, Ontario l www.dustevans.com

Telephone: 1-613-837-1010 Fax: 1-613-837-9670
Home telephone: 1-613-835-4056

Lynda Campbell l Bilingual Sales Representative
Coldwell Banker Rhodes & Company
100 Argyle Avenue, Ottawa, ON
Office: (613)-236-9551 l Toll Free: 1-888-335-6565
lynda@lyndacampbell.com

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