OUR LAW FIRM'S APPROACH: PROACTIVE, PROTECTIVE, RESULTS-DRIVEN

At AboutLaw.ca, we recognize that Ontario's 2026 real estate market presents unprecedented complexity and risk. Our approach is designed to anticipate problems, protect your interests, and ensure successful closings even in challenging conditions.

Our Four-Pillar Real Estate Protection Strategy

PILLAR 1: EARLY ENGAGEMENT & RISK ASSESSMENT

What We Do:

Pre-Offer Legal Review (Recommended Before Signing)

• Review draft Agreement of Purchase and Sale BEFORE you sign

• Identify problematic clauses, missing protections, ambiguous terms

• Recommend conditions to protect your interests (financing, inspection, sale of property, lawyer review)

• Advise on deposit amount (minimize risk exposure)

• Flag unusual terms or seller demands that create legal risk

Immediate Post-Acceptance Engagement

• Engage us immediately after offer accepted (don't wait weeks)

• Conduct preliminary title search within 48 hours

• Identify potential title issues early (weeks before requisition deadline)

• Order survey, property tax certificate, utility clearances immediately

• Frontload due diligence to maximize time for issue resolution

Market Condition Analysis

• Assess current market trends affecting your transaction

• Advise on appraisal risk based on recent comparables

• Identify financing red flags (mortgage stress test, debt ratios, employment verification)

• Provide realistic timeline expectations and delay contingencies

Why This Matters:

• 80% of closing problems can be prevented or mitigated with early identification

• Title defects discovered 3 weeks before closing = time to cure

• Title defects discovered 3 days before closing = crisis

Client Outcome: Buyers and sellers have full visibility into transaction risks BEFORE points of no return, enabling informed decisions and proactive solutions.

PILLAR 2: COMPREHENSIVE DUE DILIGENCE & TITLE PROTECTION

What We Do:

Thorough Title Examination (Ontario Land Registry System via Teraview)

• Search 40+ years of title history (exceeding standard 40-year requirement)

• Identify all registered encumbrances: mortgages, liens, easements, restrictive covenants

• Execution searches on all parties (judgment creditors, bankruptcy, writs)

• Corporate searches (if seller is corporation)

• Estate searches (if seller is estate trustee/executor)

• Municipal tax and utility arrears searches

• Planning Act compliance verification (subdivision, zoning)

Construction Lien Risk Assessment

• Verify dates of construction/renovation

• Calculate 45-day lien period expiry

• Search for registered construction liens

• Obtain statutory declarations from seller regarding contractor payments

• Recommend title insurance coverage for lien risks

• Advise on closing delay if construction recently completed (to allow lien period expiry)

Survey and Boundary Review

• Review current survey (if available) or order new survey

• Identify boundary encroachments, easements, rights-of-way

• Compare survey to zoning by-laws (setback requirements)

• Flag issues requiring resolution or title insurance coverage

Environmental Due Diligence

• Review environmental reports (Phase I/II assessments if commercial)

• Search records for underground storage tanks, contamination

• Verify compliance with environmental regulations

• Advise on environmental liability risks

Critical Deadline Management

• Calculate and calendar ALL key dates: requisition date, condition dates, closing date, document delivery dates

• Deliver requisitions (objections to title) BEFORE requisition deadline

• Ensure seller has maximum time to cure defects

• Follow up persistently on outstanding issues

Why This Matters:

• 35% of closings delayed by title issues

• Early detection = early resolution

• Missing requisition date = accepting defective title

• Title insurance doesn't replace proper due diligence (it supplements it)

Client Outcome: Buyers receive clear, marketable title free from defects. Sellers can demonstrate clear title to facilitate smooth closing. Issues identified early with time for resolution.

PILLAR 3: FINANCING COORDINATION & CLOSING MECHANICS

What We Do:

Mortgage Lender Coordination

• Communicate with lender's lawyer early and often

• Confirm mortgage instructions and requirements

• Verify mortgage funds release timeline

• Identify documentation gaps early (insurance, pay stubs, appraisals)

• Escalate issues to mortgage broker/lender if delays anticipated

• Arrange backup plans if financing at risk

Closing Fund Management

• Prepare detailed Statement of Adjustments 1 week before closing (not day before)

• Verify all funds required for closing (down payment, land transfer tax, legal fees, adjustments)

• Confirm method of fund delivery (bank draft, wire transfer, certified cheque)

• Verify funds received in trust account with adequate clearance time

• Never rely on "day-of" funds unless unavoidable

Same-Day Transaction Orchestration

• Structure same-day sale/purchase with appropriate time gap (sale closes morning, purchase closes afternoon)

• Arrange holdback protections if necessary

• Communicate with other lawyers to coordinate timing

• Monitor sale closing progress in real-time

• Have contingency plans if sale delayed

Registration Timing Optimization

• Avoid month-end, Fridays, pre-holiday closings when possible

• Schedule registration for mid-day (10:00 AM - 2:00 PM window) to allow buffer

• Use electronic registration (Teraview) for speed

• Monitor Land Registry system for delays

• Complete registration immediately upon receiving all funds and documents

Title Insurance Placement

• Recommend appropriate title insurance coverage (not just lender's policy)

• Obtain owner's title insurance policy (one-time premium, lifetime coverage)

• Ensure coverage for: fraud, title defects, survey issues, construction liens, zoning violations, access issues

• Cost: $200-$500 (one-time) for lifetime protection

Why This Matters:

• 35% of closing delays are financing-related

• Proactive coordination prevents last-minute crises

• Same-day transactions require expert choreography

• Title insurance is essential backup protection

Client Outcome: Closings proceed on schedule with funds in place, documents registered timely, and keys delivered as planned. Title insurance provides lifetime peace of mind.

PILLAR 4: AGGRESSIVE PROBLEM RESOLUTION & LITIGATION READINESS

What We Do:

Proactive Issue Resolution

• Negotiate directly with opposing counsel to resolve title defects

• Coordinate mortgage discharges, lien payments, judgment satisfactions

• Obtain indemnities from sellers for unresolved minor issues

• Structure price adjustments when issues cannot be fully cured

• Negotiate extensions when necessary (with client consent)

• Mediate disputes over contract interpretation, property condition, included chattels

Deposit Protection Strategies

For Buyers:

• Structure deposits to minimize risk (recommend conditions, holdbacks)

• Negotiate deposit return provisions if conditions not satisfied

• Document ALL efforts to satisfy conditions (good faith requirement)

• Advise on relief from forfeiture prospects if facing default

• Pursue equitable remedies if seller breach or bad faith

For Sellers:

• Enforce deposit forfeiture rights when buyer defaults

• Pursue additional damages if deposit insufficient to cover losses

• Mitigate damages through timely re-listing

• Document all losses (carrying costs, price decline, legal fees)

• Defend against unwarranted relief from forfeiture claims

Litigation & Dispute Resolution

• Pre-litigation demand letters and negotiations

• Ontario Superior Court of Justice litigation if necessary

• Specific performance claims (forcing completion)

• Damages claims (compensating losses)

• Injunctive relief (preventing wrongful actions)

• Summary judgment motions (expedited resolution)

Transaction Rescue Services

• Creative solutions to save transactions on verge of collapse

• Vendor take-back mortgages (seller financing)

• Price renegotiations based on appraisals, market changes

• Repair escrows/holdbacks for condition issues

• Interim occupancy agreements if closing delayed

Why This Matters:

• Not all transactions close smoothly—expert problem-solving is essential

• Deposit forfeiture ($40,000-$100,000+) is catastrophic—aggressive protection required

• Early legal intervention often saves transactions that would otherwise fail

• Litigation readiness encourages opposing party to negotiate reasonably

Client Outcome: Problems resolved efficiently and cost-effectively. Deposits protected. Transactions rescued from brink of failure. When litigation necessary, aggressive representation to achieve favorable outcomes.