Real Estate Closing Fees Expected to Increase After Software Acquisition (2024)

Competition is one of the key elements of a free market and keeping pricing fair for the end-users of a product or service. As we’ve seen in Canada in recent years, many people have raised concerns over the perceived monopoly many Canadian telecommunication companies seem to enjoy in Canada. Some feel that the ‘big 3’ telecom companies in Canada (Bell, Rogers and Telus) don’t have to worry about competition and therefore are free to set prices unreasonably high for internet, cable and mobile phone services. While this debate continues, the world of real estate transactions is facing a potential increase in transaction fees due to a reduction in the number of software providers for real estate technology across the country.

Major Real Estate Software Companies Consolidate

In December, legal software giant Dye & Durham announced that it had acquired another legal software company, DoProcess for $530 million from Teranet. With this acquisition, Dye & Durham now faces less competition in the market and as such has announced it will be increasing fees to law firms who use a program called The Conveyancer, which is estimated to have over a 90% market share in the province, by over 400%. A transaction that once cost $25.00 will now cost $129.00. These fees form part of the disbursem*nts pass on to clients, as part of their overall transaction costs, as mandated by the Law Society of Ontario.

Given the increase, consumers who complete real estate transactions can expect to see a jump in costs in a year where housing prices have steadily increased while employment has been on a decline. While there are other options for similar services, there are concerns with moving to a smaller provider. Some, for example, don’t have in-house IT departments to troubleshoot if there’s an issue, which can be an extreme detriment when dealing with a time-sensitive transaction.

Further lawyers who have invested in building their business suing one particular provider may have issues retaining the data they have stored in one product if they decide to move to another. In other cases, it can be a painstakingly slow process to port the necessary data over from one product to another.

A representative of Dye & Durham provided a response to the complaints to the Globe and Mail:

The company believes that its software is priced appropriately to reflect the significant value that it provides to its customers.

Dye & Durham has had success growing its business through acquisitions and consolidations. Since acquiring D&D in 2016, the owners have since purchased 14 other legal software entities. The company went public in July of 2020, with share prices nearly doubling on the first day of trading.

Housing Prices Have Steadily Increased as Well

Given the fee increase, homebuyers can expect to see closing costs rise slightly at a time when housing prices are also at record highs. Perhaps owing to residual effects of the pandemic, home resales increased by 13% in 2020 over previous years and the average price of a property has increased by over 8%. Without the need to live close to the city, there has been a trend of families leaving heavily populated areas such as Toronto for more remote locations such as Oshawa, Barrie and Kitchener. Now that proximity to work is less of a concern, homebuyers, especially those looking to purchase their first home, are seeking out more affordable options.

Contact GLG LLP in Toronto for Residential Real Estate Transactions Throughout the Greater Toronto Area

At GLG LLP, we work with clients to ensure their residential real estate transactions run smoothly from start to finish, and as lawyers, we stay involved with a file all the way through rather than leaving the details to our admin staff. We work to ensure we provide top-level service to clients throughout Toronto and the surrounding areas including York, Markham, Mississauga, Etobico*ke and beyond. We make use of simple-to-use technology to meet with clients ahead of closing and to sign all necessary paperwork, so our clients don’t have to make a trip downtown.

Thereal estate lawyersatGLG LLPin Toronto assist clients with a full range of residential real estate services, includingpurchases and sales,financingandevenlitigationif necessary. To learn more about how our team can help you with your real estate transaction, call416-272-7557or complete theonlineformto arrange a consultation.

Real Estate Closing Fees Expected to Increase After Software Acquisition (2024)

FAQs

Real Estate Closing Fees Expected to Increase After Software Acquisition? ›

While this debate continues, the world of real estate transactions is facing a potential increase in transaction fees due to a reduction in the number of software providers for real estate technology across the country.

Why does my closing cost keep going up? ›

These mortgage fees increased 22 percent from 2021 to 2022. One likely factor is the greater use of discount points to nudge interest rates down.

What closing costs should be amortized? ›

Points associated with the value of the property are amortized and deducted over the life of the loan- Everything else such as legal fees, recording fees, surveys, title insurance, transfer taxes, etc.

Why do closing costs change? ›

For example, your lender is allowed to change your closing costs without restriction if: You decided to get a different kind of loan or change the amount of your down payment. The appraisal on the home you want to buy came in higher or lower than expected.

What additional costs are often included in closing costs? ›

What do you pay at closing?
  • Loan origination fees. These include fees for processing and underwriting the loan and typically run about 0.5 to 1 percent of the loan. ...
  • Appraisal and survey fees. ...
  • Title insurance. ...
  • Homeowners insurance. ...
  • Private mortgage insurance (PMI) ...
  • Mortgage points. ...
  • Property tax. ...
  • Closing or escrow fee.

How do you predict closing costs? ›

Closing costs are typically 2% to 4% of the loan amount. They vary depending on the value of the home, loan terms and property location, and include costs such as mortgage insurance, property taxes, title fees and other property-related fees.

Can you negotiate closing costs with a seller? ›

Although the buyer is responsible for paying the closing costs, you can negotiate for the seller to contribute towards the closing costs as well. First, you will need to determine how much you need.

Can I deduct closing costs on my taxes? ›

Typically, the only closing costs that are tax-deductible are payments toward mortgage interest, buying points or property taxes. Other closing costs are not. These include: Abstract fees.

Do closing costs get expensed or capitalized? ›

Are closing costs capitalized or expensed? The IRS has a number of closing costs designated as capitalizable, which are added to the cost basis and typically include expenses such as title fees, legal fees, transfer taxes, assignment fees, surveys, and recording fees.

How many years are closing costs depreciated? ›

Closings costs on a rental property fall into one of three categories: Deduct upfront in the current year. Amortize over the loan term. Add to basis (capitalize) and depreciate over 27.5 years.

Which state has the highest closing costs? ›

Washington, D.C. has the highest average closing costs in the country, while Missouri has the lowest. Homebuyers can potentially negotiate certain closing costs to lower their upfront costs.

How accurate are estimated closing costs? ›

You want accurate figures. At Homebuyer and plenty of other lenders, these costs get estimated as close to 100 percent accurate as possible. Remember that numbers are never exact upfront. Don't worry about any estimated fees that your lender doesn't dictate.

What fees cannot increase at settlement? ›

Zero-percent tolerance items: Certain aspects of your transaction will be categorized under the zero-percent tolerance level, meaning the costs cannot go up at closing. For instance, this applies to any fees from your lender, such as the origination charge. Rate lock fees and transfer taxes also have a zero tolerance.

What is the formula for calculating closing costs? ›

Closing costs are typically 3% – 6% of the loan amount. This means that if you take out a mortgage worth $200,000, you can expect to add closing costs of about $6,000 – $12,000 to your total cost. Closing costs don't include your down payment, but you may be able to negotiate them.

What are the disadvantages of the seller paying closing costs? ›

Lower Net Proceeds: The most apparent disadvantage for the seller is the reduction in net proceeds from the sale. Closing costs can include a variety of fees, taxes, and other expenses, which can add up to a significant amount. By covering these costs, the seller receives less money from the transaction.

Why does it take 30 years to pay off $150,000 loan even though you pay $1000 a month? ›

The interest rate on a loan directly affects the duration of a loan. Note: The interest rate is calculated using the hit and trial method. Therefore, it takes 30 years to complete the loan of $150,000 with $1,000 per monthly installment at a 0.585% monthly interest rate.

How do you keep closing costs low? ›

Cutting these closing costs even a little could help pay for a new couch or outfit the guest room.
  1. Shop for the lowest lender fees. ...
  2. Shop for services. ...
  3. Shop around for home insurance. ...
  4. Ask the seller to contribute. ...
  5. Get closing-cost assistance. ...
  6. Consider a no-closing cost mortgage. ...
  7. Sign loan papers near the end of the month.

What are the red flags on closing disclosures? ›

“Red flags” involving the closing disclosure or settlement statement may include: Names and addresses of property seller and buyer vary from other loan documentation. Seller's mailing address is the same as another party to the transaction. Excessive real estate agent commissions paid.

Why does my mortgage keep getting more expensive? ›

The part of your fixed-rate mortgage payment that changes annually is your escrow. Each year, the financial institution that holds your mortgage estimates how much you'll pay in property taxes and home insurance. If your home value has risen since the prior year, the cost of your taxes and insurance will also increase.

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