Ontario legal insights by Maneet GiriGiri Legal · 437-551-8000
Real estate disputes

A real estate closing is at risk. What should you gather?

When a closing is in doubt, the immediate questions are practical: what does the agreement require, what remains outstanding, what notices have been exchanged and what needs to happen next? Get the complete file together quickly.

01. Collect the agreement and all changes

Provide the signed agreement of purchase and sale, schedules, waivers, amendments and extensions. Include any assignment or separate arrangement affecting the transaction. Identify the current closing date, deposit payments and any conditions you believe remain relevant. Do not assume an earlier financing condition still protects you after a waiver or amendment.

02. Ask for the closing correspondence

Your litigation lawyer needs to understand what your closing lawyer requested and received. Gather requisitions, responses, statements of adjustments, undertakings, proposed closing documents and communications about readiness to close. If documents are missing, identify who holds them. Keep all records of efforts to resolve an outstanding issue.

03. Document the actual obstacle

Explain the problem precisely: financing, title, mortgage discharge, possession, construction, documentation or something else. Provide supporting records, including the dates the problem became known. Distinguish what someone told you from what a lender, lawyer or other participant confirmed in writing. Preserve evidence that may show your own ability and willingness to perform.

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04. Have deposits and claimed losses assessed separately

Do not assume the deposit resolves the whole dispute or that it will automatically be released on request. Give your lawyer the trust receipt, stakeholder information, demands and any proposed release. If a party claims losses, ask for an itemized calculation and underlying documents. The position should be assessed against the contract, facts and applicable law.

05. Coordinate the next communication

Make sure your closing lawyer and litigation lawyer know who is handling each step. A proposed extension or settlement should address the relevant dates, obligations and consequences. Do not sign a broad release or send an admission without understanding its effect. Tell your lawyer immediately about any threatened proceeding or document already served.

PREPARE FOR YOUR CONSULTATION

Your document checklist

  • APS, waivers, assignments and amendments
  • Deposit receipts and trust-holder details
  • Closing correspondence and requisitions
  • Evidence of the obstacle to closing
  • Demands, releases and proposed extensions

Official resources

Resources are provided for further reading. Rules and legal rights depend on the applicable law and the facts; confirm current requirements before acting.

About Maneet Giri

Ontario barrister and solicitor, and founder of Giri Legal in Oakville. Practice areas include civil litigation, real estate disputes and employment law.

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