Closing-Day Emergencies and Urgent Motions

Some real estate problems cannot wait. The other side refuses to close today, a title problem appears at the last minute, funds are missing, or fraud is suspected. What is done in the next few hours often decides the dispute that follows. We help buyers and sellers protect their position on closing day and bring urgent motions where needed.

Common situations

  • A last-minute refusal to close
  • A title defect, lien or unexpected registration discovered on closing day
  • Funds that are late, short or missing
  • Suspected fraud or doubts about a party’s identity
  • Registration or document problems that stop the deal from completing

What to do on the day

  1. Call your real estate lawyer and a litigation lawyer. Many closing-day problems can be contained if they are handled in the first few hours.
  2. Do not agree to anything verbally. Put every proposal and response in writing.
  3. Keep proof that you are ready to close, including funds, signed documents and correspondence.
  4. Consider a formal tender, which records that you were ready to complete and the other side was not.
  5. Preserve everything, including emails, texts and notes of calls with times.

Urgent court relief

  • A motion on short notice for an injunction, or for a certificate of pending litigation, to prevent a sale to someone else
  • A motion without notice to the other side, only in genuinely urgent cases and with full and fair disclosure
  • An undertaking to pay damages if the order turns out to be unjustified, which is usually required for an injunction

Questions we are often asked

The other side is refusing to close today. What should I do?
Contact your real estate lawyer and a litigation lawyer right away. Do not agree to anything by phone, keep proof that you are ready to close, and let your lawyers confirm your position in writing. A formal tender may be needed to show you were ready and the other side was not.
Can I get a court order on the same day?
In genuinely urgent cases, the Ontario Superior Court of Justice can hear a motion on short notice, and in limited cases without notice to the other side. The party asking must show urgency and the risk of serious harm, and must make full and fair disclosure.
Can the closing date be extended?
Only by agreement, in writing, or by court order, unless the agreement itself provides a way to extend. Most agreements say time is of the essence, so an informal extension can be risky.
My financing has fallen through on closing day. What now?
Tell your lawyer immediately. Depending on the agreement and whether conditions were waived, you may be in default. Short-term lending or a negotiated extension may be possible, and every proposal should be confirmed in writing.

Guides

General information about Ontario law, not legal advice about your situation. Time limits can be short; if you are unsure, speak with a lawyer promptly.

Speak with us about your situation.

Request a consultation online, or call or email us directly.