Questions to ask before closing on a house in Ontario should focus on the home’s condition, what the Agreement of Purchase and Sale includes, the money required to close, mortgage funding and title. Once an offer is accepted, an Ontario real estate lawyer handles the legal closing work, reviews the transaction documents and helps identify issues that need an answer before the closing date.
Use this list to direct questions to the seller, your real estate agent, lender and lawyer. Keep written records of answers, invoices, warranties and any agreement to repair or leave an item behind. If an issue affects the contract, title or funds, raise it promptly with a lawyer for your purchase or sale.
Ask the seller about the home’s condition and history
Ask the seller about known water, fire, mould, pest, drainage, repair and renovation issues, then request supporting records where they exist. A seller’s answer is useful, but it does not replace a home inspection, a final visit or protections written into the Agreement of Purchase and Sale.
Ask whether there have been leaks, flooding, moisture problems, fires, pest treatment, septic or well issues where applicable, foundation work, roof repairs, insurance claims or major renovations. If work was completed, ask for invoices, contractor contact information, transferable warranties, service records and permits where applicable.
Ontario law can require disclosure of certain known latent defects in particular circumstances, but the scope of that obligation depends on the facts. Do not assume that a seller’s silence means there is no problem, or that every defect will be apparent during an inspection.
For example, a buyer of a $925,000 detached home learns that a basement wall was repaired after a water event two years earlier. The buyer should ask for the repair invoice, warranty and details of the water source, then discuss with the inspector and lawyer whether a written repair commitment, further investigation or another contractual step is needed before closing.
Ask how the home works day to day
Ask where essential shut-offs and controls are located and how special equipment is operated. This practical handover information can prevent damage or confusion after possession, but it is not a substitute for legal disclosure or a professional inspection.
- Where are the main water shut-off, exterior shut-offs and electrical panel?
- How do the furnace, air conditioner, humidifier, water heater, sump pump, alarm, fireplace, pool equipment or irrigation system operate?
- Are any systems rented, leased, financed or under a service contract?
- Which garage remotes, mailbox keys, fobs, alarm codes and spare keys will be provided?
- Are there recurring quirks, such as a sump pump that needs monitoring during heavy rain or a gate that sticks in winter?
Confirm what is included, excluded or being left behind
Rely on the inclusions and exclusions in the Agreement of Purchase and Sale, not on an assumption or a verbal discussion. Confirm in writing whether appliances, fixtures, rentals, keys, remotes and any items left at the property form part of the deal.
A fixture is generally an item attached to the property with enough permanence that it is treated as part of the real property, while a chattel is usually movable personal property. The distinction can be fact-specific, so name items clearly rather than relying on labels. For example, a built-in dishwasher, light fixture or wall-mounted television bracket may raise different questions than a freestanding microwave or patio furniture.
Ask whether the water heater, furnace, air conditioner, security equipment or other item is rented or financed and whether the buyer will assume an agreement. If the parties later agree that an appliance will be removed, a repair will be made or extra keys will be delivered, have the change documented and sent to the lawyers.
Questions to ask your Ontario real estate lawyer before closing
Questions to ask a closing attorney are, in Ontario, questions to ask your real estate lawyer about title, closing documents, ownership and funds. Ask what searches and documents have been reviewed, what remains outstanding and whether any issue requires a decision from you before the closing date.
- What does the title search show, and are there registered easements, restrictive covenants, rights-of-way, mortgages, liens or other interests affecting the property?
- What protection does title insurance provide in this transaction, and what does it not cover?
- Should we take title as joint tenants or tenants in common?
- What identification, insurance confirmation, deposit information, banking details and signed documents do you still need from us?
- Have all lender instructions been received, and are there conditions that could delay funding?
- Are there any concerns about the Agreement of Purchase and Sale, condominium documents, rental contracts or the seller’s closing documents?
Joint tenants generally hold an equal interest with a right of survivorship, while tenants in common can hold equal or unequal interests that pass through an owner’s estate rather than automatically to the other owner. The appropriate choice can affect estate planning, family arrangements and each buyer’s intended ownership share.
For example, two siblings buying a $700,000 investment condominium may want tenants in common with defined 60% and 40% interests. They should tell their lawyer before documents are prepared, rather than assuming that both names on title will reflect their intended arrangement.
The legal work involved in transferring ownership is often called conveyance real estate. Your lawyer can explain the documents being signed and the steps required to register the transfer and mortgage electronically.
Ask about the final amount needed to close
Ask for the statement of adjustments and a written estimate of the total funds you must provide to your lawyer. The final amount can include the balance of the purchase price, adjustments, land transfer tax, legal fees, disbursements and any amount not advanced by the lender.
The statement of adjustments credits and charges the buyer and seller for items connected to the property that have been prepaid or must be apportioned as of closing. Common examples include property taxes, condominium common expenses, fuel or rental payments, depending on the property and the agreement.
Ask the lawyer to explain every adjustment, especially if you are asking why do i have to prepay property taxes at closing. Ask as well whether a first-time homebuyer land transfer tax rebate or a new-home tax rebate may apply, and whether HST is included in the purchase price or affects the transaction.
For example, a buyer purchasing a $640,000 resale condominium may need funds beyond the down payment because the lender’s mortgage advance does not cover land transfer tax, legal closing costs and the buyer’s share of any tax or condominium-fee adjustment. The lawyer’s written closing calculation shows the actual figures for that file and the deadline and payment method for delivering funds.
Questions to ask your lender before closing
Ask your lender whether every mortgage condition has been met, what documents remain required and when mortgage funds will be sent to your lawyer. Do this well before closing, because an unresolved financing condition can affect whether the lawyer has the money required to complete the purchase.
- Is the mortgage approval final, and are income, employment, appraisal or down-payment documents still required?
- Does the lender need proof of property insurance or any particular policy wording?
- Have mortgage instructions been sent to the lawyer, and is the registered mortgage amount the amount you expect?
- Are there lender fees, holdbacks or deductions that change the cash you need to provide?
- What should you do if your employment, income, debt, credit or down-payment source changes before closing?
Do not make assumptions about when a lender will release funds or how much will be advanced. Tell both the lender and lawyer immediately if you cannot meet a funding request or if information in your mortgage application has changed.
What happens on closing day in Ontario?
On closing day, the lawyers exchange required funds and documents, register the transfer and any mortgage electronically, and confirm completion before keys are released under the arrangements for the deal. Registration and key release can occur at different times depending on funding, document issues and the parties’ arrangements, so do not plan a move around a guaranteed hour.
For more practical timing and preparation points before closing on a house, review the closing-day checklist with your lawyer and agent. Once registration is complete, the buyer becomes the registered owner in Ontario’s electronic land registration system, and the lawyer will report to the buyer after closing.
Final buyer visit questions before closing
The final visit is your opportunity to see whether the property is in substantially the expected condition and whether agreed items are present. Document new damage, missing inclusions or other concerns with photographs, then notify your lawyer and agent promptly rather than trying to resolve a legal issue informally on closing day.
Use this final buyer visit checklist to organize what to inspect. It can help you check appliances, fixtures, keys, remotes and conditions that may need immediate attention.
FAQ: Questions to ask at closing
Must a seller answer every question?
No. A seller may not have an answer, and the legal significance of a question depends on the agreement and the facts. Ask for available documents and written clarification, but rely on your inspection, due diligence and legal advice rather than treating an informal answer as a warranty.
What is a closing disclosure in Canada?
Ontario homebuyers do not ordinarily receive the United States-style closing disclosure form. Ask your lawyer to explain the statement of adjustments, trust ledger or closing report, which should show how the purchase funds, adjustments, land transfer tax and other closing amounts were calculated.
When is ownership registered and when can I get the keys?
Ownership is registered when the electronic transfer is registered, subject to the closing process and the documents required for the transaction. Key arrangements are commonly handled through the real estate agents after the lawyers confirm completion, but the timing is not fixed and may be affected by registration or funding delays.
What should I do if an answer reveals a concern?
Preserve the documents, messages and photographs, then tell your lawyer immediately. A title, funding, repair or missing-item concern may need to be assessed against the Agreement of Purchase and Sale before anyone agrees to a solution.
For further preparation, review what to do before closing on a house and learn what are some common surprises home buyers encounter. Our real estate lawyers Toronto team can review the legal closing issues that arise in an Ontario purchase.
Speak with a Toronto real estate lawyer
Getting legal advice early can help you understand title, closing funds, mortgage instructions and concerns discovered before the closing date.
Call 416-321-8766 or request a quote to discuss your matter with Zinati Kay.