Transaction Levy Filings – Real Estate

Understanding the general principles behind the risk involved in a transaction will help you determine when a real estate transaction levy should be applied.

Generally, a levy is required when:

• The lawyer is acting for the vendor only
• The lawyer acts for the purchaser who has not acquired title insurance

Generally, a levy is not required when:

• All purchasers and lenders have acquired title insurance*
• There is no title insurance but the client is transferring land to themselves, themselves and a spouse, or to any person in consideration of natural love and affection
• Documents are registered on title but there is no property transfer or charge registered
• A body corporate transfers land to another body corporate with which it is affiliated
• A personal representative or their successor acting as an executor, administrator or trustee, transfers land to a beneficiary or to a successor personal representative

*Please note that purchasing title insurance does not automatically mean the transaction levy is waived. The exemption only applies where the requirements of Endorsement No. 2 of the Policy are met, including the requirements relating to the Release and Indemnity Agreement and payment of a deductible to the title insurer.

Yes, you must pay the transaction levy because the title insurance policy does not insure the vendor and therefore the vendor’s lawyer continues to be exposed to risk.

Mistakes happen. If you discover that you’ve made an error on a transaction levy filing, please let us know as soon as possible by emailing [email protected].

If you notify us promptly, we can usually correct the filing with little difficulty. However, errors identified months—or especially years—after the filing can be much more difficult to resolve. Once a financial year has closed, refunds or other adjustments may no longer be possible because of accounting and audit requirements.

If you think you’ve made a mistake, please contact LAWPRO as soon as you become aware of it. We’ll review the circumstances and let you know what options are available.

Only one levy is payable where more than one transfer, charge, or title insurance policy is given or received by the same party as part of the same real estate transaction. For 2027, the total levy payable by that lawyer for the transaction is limited to $100.

The real estate transaction levy surcharge is $65 per transaction inclusive of PST (it is not subject to HST or GST). For these transactions, the real estate transaction levy surcharge is calculated as follows:

In 2027, the real estate levy will increase to $100 and will be calculated as follows: 

The $100 levy applies to real estate transactions for which the file is opened on or after January 1, 2027.

Yes, you are still required to file declaring you had zero transactions.

No. Where more than one lawyer from the same firm acts for the same party on the same real estate transaction, only one levy is payable.

Where different law firms represent different parties in the same real estate transaction, each lawyer acting for a separately represented party is generally required to pay the levy, unless an exclusion applies.