Skip to main content

Real Estate Law

What actually delays a Toronto real estate closing

By Ilona Agivaeva, Barrister & Solicitor5 min read
Rows of houses and low-rise buildings in the Greater Toronto Area

Closings in the GTA rarely fall apart over something dramatic. They slip because a document that takes two weeks to obtain was requested three days before the deadline. Almost every delay traces back to one of three files: title, the lender, or the condominium corporation.

This guide sets out what to check and roughly when, so the last week before closing is administrative rather than urgent.

Title: search early, not the week before

A title search regularly surfaces old mortgages that were never discharged, construction liens, easements running through a side yard, or an addition built without a permit. Each has a fix, and each fix takes time to arrange with a third party. Ordering the search as soon as the agreement is firm turns a crisis into a task.

Lender instructions arrive later than everyone expects

Mortgage instructions come from the lender to the lawyer, not from you, and they often land only days before closing. When they arrive they may require an updated survey, title insurance, proof of insurance naming the lender, or clarification of the down-payment source. Confirm with your broker in advance which conditions are outstanding.

  • Fire insurance binder naming the lender as loss payee
  • Proof of the down payment and its source (anti–money-laundering rules)
  • Any remaining lender conditions from the approval letter

Status certificates for condominiums

A condominium corporation has a statutory period to produce a status certificate after payment of the prescribed fee. The certificate reveals reserve-fund health, planned special assessments, arrears, and litigation against the corporation. Request it immediately on a firm deal — waiting compresses the review into the same week as everything else.

Money movement and identity verification

Large-value transfers are subject to bank holds and cut-off times, and Law Society rules require verified identification for every party. Certified funds arranged on closing day can miss the registration window. Book the appointment and arrange funds as early as possible.

A realistic closing timeline

For a typical residential purchase: title search and status certificate ordered on firm-up, requisition letter to the seller's lawyer roughly two to three weeks before closing, lender instructions reviewed as they arrive, signing appointment three to five days before closing, and funds in trust the day before registration.

Questions people ask

When should I retain a real estate lawyer?
As soon as the agreement of purchase and sale is firm — earlier if the deal is unusual, private, or involves a condominium. The searches that take longest are the ones started last.
What happens if closing has to be extended?
An extension requires agreement from both sides, usually documented in an amendment. Where the delay is one party's fault, the other may claim costs, which is why documenting the cause matters.
Ilona Agivaeva, Barrister & Solicitor

Written by

Ilona Agivaeva

Founder, Agivaeva Law Professional Corporation

Ilona practises personal injury, real estate and civil litigation in Toronto and across the GTA. Every file is handled by the lawyer you speak with.

More about Ilona

This article is general information about Ontario law, current as of the date shown. It is not legal advice for your situation, and reading it does not create a solicitor-client relationship. Legislation, limitation periods and court procedures change — confirm anything time-sensitive with a lawyer before acting on it.