Have a question? (647) 707-7718

3319 Sheppard Ave E, Suite 103, Toronto English, Armenian & Arabic

(647) 707-7718 Get a Quote Book Free Consultation

Whitby · Real estate

Real estate lawyer for Whitby and Brooklin buyers

Whitby is growing fast, much of it in Brooklin north of Highway 407, and a lot of that growth is sold from plans. Rosalie Wannes reviews builder agreements and acts on Whitby purchases, sales and refinances from our Toronto office, mostly by phone and video.

Get a Quote Book Free Consultation

Services

Real estate services for Whitby

New homes first, because that is where Whitby buyers most need a lawyer early. Our real estate law page covers each service in depth, and our Whitby page covers wills, estates and immigration.

  • Pre-construction agreement review

    A written review of a Brooklin or Whitby builder’s agreement and its schedules, with a call, ideally before you sign.

    $450 + HST

  • New-build closings

    The builder’s statement of adjustments, your mortgage, HST rebate paperwork and registration.

    Fee by price — instant quote

  • Resale purchases

    Downtown, Port Whitby and established neighbourhoods: agreement review, title, title insurance and closing.

    Fee by price — instant quote

  • Selling

    Mortgage payout and discharge, closing documents and your proceeds, often timed with a new-build closing.

    Fee by price — instant quote

  • Refinancing

    A new lender at renewal, or borrowing to build an additional dwelling unit.

    Fee by mortgage amount — instant quote

  • Condo status certificate review

    For resale condos, condo townhouses and POTLs. Complimentary if we close your purchase.

    $250 + HST

Buying new in Brooklin

Before you sign a Whitby builder’s agreement

A builder’s agreement is written by the builder, can close years after you sign, and sets most of what you will pay on closing. The protections that matter are secured at the start.

Your right to walk away

A new condominium unit comes with 10 days to cancel under the Condominium Act, 1998. A new freehold house or townhouse, which is most of what is sold in Brooklin, gets a 10-day cooling-off period only for agreements signed from January 1, 2027, and the period starts once the builder delivers the new home information sheet and addendum set out in Tarion’s builders’ forms. Until then a freehold agreement is generally binding when you sign. Ask for time for a lawyer’s review, or make the agreement conditional on one.

Deposits

Tarion protects a freehold deposit up to $60,000 on a home priced at $600,000 or less, and 10% of the price, up to $100,000, above that. Deposits beyond the protected amount are at risk if the builder fails, so look at the deposit schedule as well as the price. Since April 1, 2026 freehold buyers must also register their purchase with Tarion within 45 days of signing.

Closing adjustments and HST

The schedules list what the builder adds on closing: utility connections, development charge increases, tree planting, driveway paving and similar items. The HST clause decides who claims the new housing rebates; for agreements signed between April 1, 2026 and March 31, 2027, the Ontario enhanced new housing rebate can be worth up to $80,000 on a home that will be your or a relative’s main residence. Our guide to buying pre-construction in the GTA

Why Wannes Law

A Toronto law firm that keeps you informed

  • A licensed Ontario lawyer

    Rosalie Wannes, licensed by the Law Society of Ontario, is responsible for your file from start to finish.

  • Fees before you commit

    Instant online quotes and published flat fees, so you know the cost before you retain us.

  • Every step explained

    Plain-language explanations of what happens, what you provide and what we handle, at every stage.

  • Direct access

    Reach your lawyer and law clerk directly by phone and email while your matter is underway.

  • Sign in person or remotely

    Meet at our Sheppard Ave E office in Toronto, or review documents by video and courier the originals.

  • English, Armenian and Arabic

    Talk through your matter in the language you are most comfortable with.

How it works

A Whitby new build, from agreement to keys

Pre-construction closings stretch over months or years. This is what happens at each stage, and what you should keep on file in between.

  1. Step 1: Send us the agreement

    Before you sign if at all possible, or immediately after while any cooling-off or review period is open. Include every schedule and any amendments the sales office agreed to, and anything you were told in writing about upgrades, lot premiums or closing dates.

    You provide

    • Builder’s agreement with all schedules
    • Disclosure statement, for a condo

    Pre-construction review: $450 + HST.

  2. Step 2: Written review and a call

    We explain what the agreement lets the builder change, which adjustments are capped and which aren’t, what your deposits are exposed to, and what to ask the builder before you commit. You then decide whether to proceed, negotiate or walk away.

  3. Step 3: The wait

    Keep every notice from the builder, especially about closing dates, and register your purchase with Tarion within 45 days of signing. Arrange your mortgage well before the final closing date: a pre-approval from years earlier doesn’t guarantee the loan.

  4. Step 4: Pre-delivery inspection

    Walk through with the builder before closing and list every deficiency on the form. It is your record for Tarion’s one-, two- and seven-year warranty coverage, so take your time and take photos.

  5. Step 5: Closing

    We review the builder’s statement of adjustments, prepare your mortgage, sign with you by video, register the transfer and release the funds. Your fee for the purchase comes from the instant quote.

Land transfer tax

One land transfer tax on a Whitby home

Whitby has no municipal land transfer tax; in Ontario only the City of Toronto charges one. A Whitby buyer pays Ontario’s tax, calculated on the price in the agreement.

Worked example: for a $950,000 Whitby home with one single-family residence, Ontario’s land transfer tax is $275 + $1,950 + $2,250 + $11,000 = $15,475 (as of 2026). In Toronto the same price would cost about $30,950 once the City’s tax is added.

If you have never owned a home anywhere in the world, you may qualify for Ontario’s first-time homebuyer refund of up to $4,000, bringing that example down to $11,475. It applies to new homes as well as resale, provided you move in within nine months.

On a new build, the tax isn’t the only closing cost

On a new home, the builder’s closing adjustments are paid on top of the price and the tax, and they come from your own funds as well. Some are fixed amounts; others, such as increases in development charges, depend on what happens between signing and closing. We list them for you at the review stage so the closing number isn’t a surprise, and the instant quote gives the tax and our legal fee for your price.

Basement apartments

Whitby now requires additional dwelling units to be registered

Whitby has raised the number of units allowed on a residential lot to four, and brought in a registration by-law for the extra units. Both matter to buyers of resale homes.

In January 2025 the Town reported that it had changed its by-laws to allow up to four units on a residential lot, with incentives for basement apartments and garden suites. Under the Additional Dwelling Unit Registration By-law 8156-25, every additional dwelling unit must be registered with the Town before it can be legally rented. Registration confirms the unit meets the Ontario Building Code and that the required permits were approved and signed off; older units may also need a fire inspection.

Buying a house with a unit

Ask the seller for the building permit and the registration before your conditions expire. If the unit isn’t registered, registering it, or stopping the rental, becomes your job after closing, and the rent the listing promised may not be lawful income in the meantime. If a tenant is staying, the lease comes with the house, and a home that isn’t vacant on closing is priced beyond our standard fee.

Adding a unit

If you plan to build one, the Town’s incentive programs have deadlines and conditions of their own, so read them before you rely on them, and talk to your lender about financing the work.

Questions

Whitby real estate questions

Do you have a Whitby office?

No. Our only office is at 3319 Sheppard Ave E, Suite 103, Toronto. Whitby clients review documents with us by video while signing on paper, then courier the originals back, or sign at the office if they prefer.

Can I cancel a new home purchase in Brooklin?

For a new condominium unit, within the 10-day period under the Condominium Act, 1998. For a freehold house or townhouse, a 10-day cooling-off period applies only to agreements signed from January 1, 2027. Have the agreement reviewed before you sign.

What does a pre-construction agreement review cost?

$450 + HST for a written review and a call. If we then act on your closing, the purchase fee is calculated by price in the quote.

Do I need to register my new Whitby home with Tarion?

If it is a freehold home bought under an agreement signed from April 1, 2026, yes: within 45 days of signing. Your builder should remind you, but the obligation is yours.

Does a basement apartment in Whitby have to be registered?

Yes. Under the Town’s By-law 8156-25, an additional dwelling unit must be registered before it can be legally rented. Ask the seller for the registration and permits before your conditions expire.

How much land transfer tax will I pay in Whitby?

Ontario’s tax only: about $15,475 on a $950,000 home, or about $11,475 for a qualifying first-time buyer (as of 2026).

We are moving from a Toronto condo to a Brooklin house. Can you act on both?

Yes. We act on the sale and the new-build closing, and help you plan around a builder’s closing date that may move. If the estate of a family member is selling instead, see our Whitby probate page.

Guides

Guides for Whitby buyers

All guides

Related

Related pages

  • Real estate law

    New construction, closing costs and the purchase process.

  • Whitby

    Wills, probate, immigration and notary services for Whitby.

  • Oshawa

    Next door, with rental licensing near the campuses.

  • Pickering

    Seaton and other new communities.

Areas We Serve

Real estate across Durham Region and the GTA

Builder agreements, resale purchases and sales from Pickering and Ajax to Oshawa, and across Toronto, York and Peel.

  • Scarborough

    Real estate lawyer for Scarborough clients. Our office is on Sheppard Ave E.

  • North York

    Real estate lawyer for North York clients.

  • Markham

    Real estate lawyer for Markham clients.

Here to help

Have your Whitby agreement read before it binds you.

Book a free 15-minute call, or get an instant quote for your closing.

Book Free Consultation Get a Quote

Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic