Risk controls that reduce last-minute problems
The available protection depends on the agreement, the jurisdiction, the lender and the facts of the transaction. Common risk controls may include:
Title insurance to address specified registration defects or fraud risks, subject to the policy terms and exclusions
Bringdown searches near closing to identify intervening liens, writs or registrations
Clear written key-release conditions to reduce possession disputes
Bridge financing or an agreed extension where a back-to-back sale creates a funding gap
A negotiated holdback where work is unfinished, documents are missing, or an environmental or construction issue remains unresolved
Special note on tenant-occupied purchases
If the buyer will keep tenants, the closing documents may include leases, notices, rent direction letters and adjustments for rent, prepaid rent and tenant deposits. Commercial transactions may also use estoppel certificates to confirm lease information.
If the agreement requires vacant possession, the seller must deliver it according to the contract and the applicable provincial or territorial tenancy law. The required notice, permitted reason and lead time can vary materially by jurisdiction and tenancy type.
Documents you may encounter
The document package depends on the property, financing, transaction structure and jurisdiction. It may include:
Statement of Adjustments
Directions regarding funds and undertakings between the closing professionals
Transfer, deed or other conveyancing document
Mortgage, charge or other security document where financing is involved
Title-insurance policy or an opinion on title, depending on the transaction
Tax certificates, utility information and condominium or strata documents where applicable
Proof of property insurance where required
Identification attestations and anti-money-laundering verifications