It is paid on closing, when you sign documents with the lawyers office. Pay all closing fees before the lawyer hands you the keys.

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Buyer suing seller (me) for $25 000 saying he couldn't find a house for the price i agreed to sell, he paid $13000 more for new house. is it allowed in small claim court he was looking for another house with leave from work cost him $1500 he rented an apartment where he was living before for 2 months more so lost another $2000 he spent some repairs in new house for $2000 legal cost on my home $1200 his small claim cost 1000 moving cost $1000 interest rate gone up by $4000 etc. grand total of $25 000 thats the maximum he can file in ontario toronto. are these numbers really make sense. ps i didn't close the deal because of bank's early payout mortgage penalty of $20000 house was already 100% mortgaged i had to bring the money to closing which money i didn't have still i have nothing but a big hole. how do you view this situation what is the justice can make sense.

You are most likely going to lose out on the case because you should have researched the payoff before you even put your house on the market. That is your fault, not the buyer's, and yes, you are in breach of contract. You are lucky you are not getting sued by BOTH Realtors for their commission as well.