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.
Discuss your documents and next steps with Giri Legal.
Schedule a consultation04. 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.
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.