✅ Step 1: Review the Agreement of Purchase and Sale (APS)

Purpose: Understand the legal obligations and timeline for the transaction.

What your lawyer looks at:

  • Buyer and seller names (must match ID and title)

  • Purchase price and deposit details

  • Closing date and title search deadline

  • Conditions (e.g., financing, home inspection, sale of another property)

  • Any chattels or fixtures included

✅ Step 2: Conduct the Title Search (via Land Registry)

Purpose: Ensure the seller actually owns the property and that it's free of issues that could affect your ownership.

What your lawyer checks:

  • Ownership history: Who owns it now and how long

  • Legal description of property: Matches what's in the APS

  • PIN (Property Identification Number): Confirms the correct lot/unit

  • Easements/rights-of-way: Example: shared driveway, utility access

  • Restrictive covenants: Any legal limits on how property can be used

✅ Step 3: Investigate for Outstanding Issues or Encumbrances

Purpose: Make sure there are no legal claims or debts tied to the property.

What they search for:

  • Mortgages or lines of credit: Must be discharged before closing

  • Liens or judgments: Like unpaid taxes, condo fees, or court orders

  • Unpaid property taxes or utility bills (your lawyer may check with the municipality)

  • Zoning compliance: Ensures the property is legally permitted for its use (especially for duplexes, basement apartments, or home-based businesses)

  • Building permits or violations: Any outstanding work orders or open permits

✅ Step 4: Requisition Letter (If Problems Are Found)

Purpose: Give the seller’s lawyer a chance to fix anything before closing.

What this includes:

  • List of problems that must be resolved

  • Deadline for resolution (typically 5-10 days before closing)

  • Request for any documents not yet provided (e.g., survey, compliance certificate)

If issues aren’t resolved, your lawyer may recommend delaying or not closing until they are.

✅ Step 5: Clear to Close – Final Checks Before Closing Day

Purpose: Ensure you take title without legal issues and your mortgage is registered properly.

Final lawyer tasks include:

  • Making sure all title issues are resolved

  • Reviewing and registering your mortgage (if financing)

  • Arranging title insurance to protect against hidden defects

  • Collecting final numbers from the lender and providing you with a Statement of Adjustments (includes taxes, utilities, deposits)

  • Registering the Transfer of Title and Charge (mortgage) on closing day


DAVID LAPOINTE
Real Estate Agent
Century 21
Heritage House Ltd, Brokerage
Independently Owned & Operated





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