How do I ensure all agreed repairs are done
before closing?
Want every agreed repair finished before you sign? Read this Milton, ON playbook and stop guessing.
Why this matters in Milton, Ontario
Closing day is the finish line. If repairs slip, buyers inherit costs. Sellers risk delays, holdbacks, and legal friction. In Milton, local building rules, municipal permits and neighbourhood drainage issues make repairs more than a checklist — they can be deal-breakers.
This is a practical, no-fluff guide for buyers and sellers in Milton. Follow it step-by-step and you’ll control outcomes, protect money, and close on time.
Start strong: Put repairs in writing — precisely
Verbal promises don’t count. Use the Agreement of Purchase and Sale (APS) and add a clear repair schedule.
- List every repair with specific scope (example: “Replace rear eavestrough, install new downspout to daylight, seal flashing at garage roof, product: aluminum 5″”).
- Include timelines (e.g., “completed no later than 7 days before closing”).
- Require licensed trades where applicable (electrical, gas, structural) and that permits be pulled and closed with final inspection where needed.
- Require contractor invoices, photos, and warranties be delivered to buyer and buyer’s lawyer before funds release.
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Use an inspection addendum: be surgical
Don’t rely on “repair as needed.” Use the inspection report to create a targeted addendum.
- Reference exact report sections and quote language.
- Prioritize safety and code items first (electrical, gas, structural).
- Include acceptance criteria: “repair completed to CSA code and accompanied by permit sign-off and invoice.”
Holdback strategy: money talks
A holdback is the most effective leverage for buyers in Ontario. If repairs aren’t finished by closing, funds are held in trust.
- Set the holdback amount to cover 125–150% of the repair estimate. 125% covers unforeseen extras; 150% is safer for structural work.
- Add explicit release conditions: seller provides paid invoices, photos, and if required, final municipal inspection sign-off. Buyer’s lawyer holds funds until release conditions are met.
- Use a written holdback instruction attached to the APS. Make sure both lawyers sign off.
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Permits and municipal checks — do not skip
Milton’s Building Division and Town of Milton bylaws matter. If a repair required a permit and the seller never pulled it, you inherit risk.
- Ask seller to provide permit numbers and final inspections from the Town of Milton Building Division for any permitted work.
- If no permit was pulled, require the seller to either: (a) obtain permits and close inspections before closing, or (b) sign a waiver and accept a negotiated price reduction or substantial holdback.
- For new homes, confirm Tarion warranty coverage and builder obligations.
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Pre-closing walkthrough: timing and checklist
Schedule the final walkthrough 24–48 hours before closing. In Ontario the walkthrough window is commonly the day before or the morning of closing.
Walkthrough checklist:
- Confirm listed repairs are complete and match invoice photos.
- Test mechanical systems (HVAC, hot water, sump pump, main water shutoff).
- Run water at sinks, toilets, check basement floor for drainage or weeping.
- Inspect roofline, eavestroughs, downspouts, grading and visible foundation cracks.
- If the seller remains in the property, inspect workmanship closely — evidence of temporary fixes (duct tape, caulking piles) is a red flag.
If something is incomplete, call your lawyer immediately. Do not proceed without agreed remedies (holdback, extension, or price adjustment).
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Documentation you must receive at closing
- Paid contractor invoices with contractor license numbers and contact info.
- Photos: before, during, and after; include timestamps when possible.
- Copies of final municipal inspection reports and permit closures from the Town of Milton.
- Warranties and manuals for replaced systems.
- A signed statement from the seller confirming repairs are complete to the standards outlined in the APS.
Without these, the holdback clause should trigger.
What to do when repairs aren’t done
If repairs aren’t complete at closing, you have options. The contract controls, but common remedies in Milton/Ontario are:
- Delay closing until completion (requires agreement and possible adjustments).
- Maintain the holdback and specify funds for fixes; require a timeline for contractor completion and proof.
- Negotiate a reduction to the purchase price.
- In extreme cases, sue for breach — legal action is last resort.
Always consult your real estate lawyer immediately. Local firms are used to handling Milton-specific repair disputes.
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Sellers: how to avoid holdbacks and delays
Sellers: finish repairs early. Here’s a checklist to avoid losing money or delaying closing:
- Book trades as soon as your APS includes repair items — don’t wait until the last week.
- Pull required permits and attend final inspections with the contractor.
- Keep invoices, warranties and photos organized and deliver them to buyer’s lawyer before closing.
- If a repair reveals bigger issues, disclose promptly and negotiate in writing. Hiding defects invites lawsuits.
Sellers who communicate and document earn smoother closings and better reputations in Milton’s tight market.
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Local repair hotspots in Milton — what buyers commonly ask about
- Basements and drainage: Milton’s topography means some homes need grading, eavestrough upgrades, or sump pumps to keep basements dry.
- Roofing and eavestroughs: older neighbourhood stock often needs replacement; winter freeze-thaw can accelerate leaks.
- HVAC and furnaces: ensure servicing and safety checks; older furnaces may need CO detector proof and service invoices.
- Electrical upgrades: many older homes have panels that don’t meet modern load requirements — licensed electrician sign-off is critical.
- Decks and exterior stairs: ensure structural integrity and railings meet Ontario Building Code standards.
Tailor your inspection and repair list to these common issues.
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Movers, keys and final logistics for Milton closings
- Book movers early. Milton is a commuter town; peak move days fill fast, especially near 401/407 access.
- Confirm utility transfers and final meter reads. Ask seller to provide receipts for last utilities paid, if included in APS.
- Get keys, garage remotes and alarm codes at closing or immediately after funds clear.
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When to involve professionals
- Real estate lawyer: always. They draft holdback instructions, review permits, and handle remedies.
- Licensed trades: demand licensed electricians, gas technicians and structural contractors.
- Municipal planning or building staff in Town of Milton: contact them if you need permit history or clarification.
- Home inspector: use an inspector experienced with Milton homes and common area issues.
Closing thoughts — win or lose, document everything
In Milton, the details win deals. Precise repair language, timely permits, a smart holdback and a brutal pre-closing checklist will protect buyers and sellers.
This is not theory. It’s a repeatable system that prevents surprises and keeps money where it belongs.
If you want a printable checklist tailored to your Milton property or help building precise repair language for your Agreement of Purchase and Sale, reach out.
Contact: Tony Sousa — tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
FAQ — Buyers and Sellers in Milton, ON
Q: Can I force a seller to complete repairs before closing?
A: Only if the APS requires it. Contracts rule. If the contract mandates completion by a date, the seller must comply or face remedies (holdback, delay, price adjustment). Your lawyer enforces contract terms.
Q: What if the seller claims the repair was done but I disagree?
A: Require proof: paid invoices, contractor contact, permit sign-off and dated photos. If you still dispute, use the holdback or retain an independent inspector to verify.
Q: How much should the holdback be?
A: Common practice is 125–150% of the repair estimate. The exact figure should reflect scope and risk. Consult your lawyer.
Q: Are permits required for routine repairs?
A: Minor cosmetic repairs typically don’t need permits. Structural, electrical, gas, major plumbing, decks and foundation work usually do. When in doubt, check Town of Milton Building Division.
Q: How long can funds be held in trust?
A: That’s negotiated. Often funds are held until evidence of completion is provided. Common windows are 30–120 days. Your lawyer structures release conditions.
Q: Do new homes in Milton have warranty protection?
A: Many new homes are covered by Tarion Warranty. Buyers should verify warranty registration and builder obligations prior to closing.
Q: Can buyers postpone closing if repairs aren’t done?
A: Potentially. It requires mutual agreement or a contract provision. If the seller refuses, the buyer’s remedies depend on the APS and legal advice.
Q: Who pays for final municipal inspections or permit re-inspections?
A: Typically the party responsible for the repair pays. Clarify in the APS who pays for any outstanding municipal fees before closing.
Q: What if the seller has no permits for past renovations?
A: Require the seller to either obtain retroactive permits and inspections before closing or negotiate a remedy (price reduction, holdback). Consider municipal compliance risk.
Q: Where do I find contractor references in Milton?
A: Ask your realtor for locally vetted trades. Use contractor license numbers, check WSIB status for safety, and verify reviews on community forums.
If you need help applying this system to your Milton deal, I can draft the exact repair clause, holdback instruction and pre-closing checklist for your lawyer.
Contact: Tony Sousa — tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
