Can I review the title before closing?
You must review the title before closing — here’s exactly how to do it and why it can save your sale in Milton, ON.
Why this matters now (and why most sellers ignore it at their own risk)
Closing day moves fast. Lawyers, banks, and buyers all expect signatures. Sellers are busy packing. One unchecked title problem can delay closing, kill a sale, or cost you thousands in corrections. If you’re selling a home in Milton, Ontario, you don’t have time for surprises.
Reviewing the title before closing is not optional. It’s the single highest-leverage step a seller can take to prevent last-minute headaches. Do it early. Do it thoroughly. Here’s a practical, no-fluff guide to reviewing the title before closing — written for Milton home sellers who want predictable, on-time closings.
What does “review the title before closing” mean?
A title review is the process of checking the legal state of your property: ownership, mortgages, liens, easements, encroachments, tax arrears, and any paperwork that affects the buyer’s ability to take full, clear ownership.
For sellers in Milton, ON, this means confirming that everything registered on title matches reality and that any issues are resolved or explained before closing day.
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Who handles the title review? Your lawyer — but you lead the process
Your real estate lawyer (or notary) performs the formal title search and prepares closing documents. They have access to land registry data and legal tools. Still, as the seller you lead the timeline. The faster you organize documents and flag issues, the cleaner the closing.
What you do:
- Provide mortgage discharge statements early.
- Share recent property tax receipts and utility adjustments.
- Reveal any work that lacked permits.
- Tell your lawyer about agreements, shared driveways, or verbal easements.
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Common title issues that kill closings in Milton, ON
Milton sellers face a few recurring items. Know them, fix them early.
- Outstanding mortgages and lines of credit not properly discharged.
- Construction or renovation without permits — can show up as charges or compliance issues.
- Encumbrances like easements (shared driveways, utility access) not disclosed.
- Property tax arrears or municipal work charges.
- Missing or mismatched legal descriptions after lot consolidations or severances.
- Conservation authority restrictions (if properties near the Niagara Escarpment or protected areas).
If any of these exist, a buyer’s lender may refuse funds until cleared. That moves the deadline and may lead to penalties.
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Title insurance vs. title review — you need both in different ways
Title review is a proactive legal check. Title insurance is reactive protection that covers many hidden issues after closing.
Why sellers care:
- Buyers may request title insurance. If you can’t confirm a clean title, the buyer can back out or demand concessions.
- Title insurance doesn’t replace the need to correct obvious defects before closing.
Quick rule: Get the title reviewed and be ready to provide documentation. Offer title insurance to remove buyer objections when appropriate.
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Step-by-step: How to review the title before closing (Milton seller checklist)
- Contact your real estate lawyer immediately after accepting an offer. Tell them you want a pre-closing title review.
- Request a preliminary title search and a copy of the current register and parcel map.
- Gather documents: mortgage statements, HELOC payoffs, property tax receipts, building permits, survey, and any agreements with neighbours.
- Ask the lawyer to flag encumbrances, easements, and municipal charges.
- Resolve clear defects: pay off old liens, correct municipal arrears, secure missing permits where possible.
- If a complex issue appears, get a second opinion or quote a timeline for resolution — don’t let it surprise the buyer.
- Confirm final title registration details at least 7 business days before closing.
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Timeline: When to start the title review
Start immediately after you accept an offer. Realistically:
- 0–3 days: Notify your lawyer and request preliminary title search.
- 3–10 days: Lawyer returns findings. You fix simple items.
- 10–30 days: Clear liens, confirm mortgages discharges, secure missing permits or letters of compliance.
Starting late compresses the timeline and increases risk. If repairs to title require courthouse filings or municipal approvals, closing can be delayed by weeks.
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How title review affects sale price, closing day, and liability
- Sale price: Buyers can ask for price reductions or credits if title issues increase their risk or costs.
- Closing day: Unresolved title defects delay disbursements and handover. That can trigger penalties under your purchase agreement.
- Liability: Sellers who fail to disclose known issues risk legal exposure after closing.
Bottom line: Invest a small amount now (lawyer fees, quick permit corrections) to avoid big losses later.
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Local considerations for Milton, ON sellers
- Conservation Halton and Niagara Escarpment: Properties close to protected areas may have restrictions. Confirm any conservation orders or permits tied to the lot.
- New developments and lot consolidations: Rapid growth means municipal records sometimes lag. Confirm the legal description matches the current parcel.
- Municipal charges: Stormwater work or sidewalk repairs can appear as charges on title if not handled. Get tax and municipal account statements.
Ask your lawyer to liaise with the Town of Milton and Conservation Halton when needed.
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Simple language: What your lawyer will tell you (and what you should expect)
- “Title is clear except for X” — X must be fixed or buyer must accept it in writing.
- “We need a discharge letter from your lender” — get it early.
- “There’s a registered easement” — disclose it and explain how it affects use.
If you hear anything that causes hesitation, request an action plan and timeline from your lawyer. Ask for written confirmation of steps and expected completion dates.
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Real-world example (short)
Seller A in Milton had a small shed built without a permit. Preliminary title review revealed a municipal compliance hold. The seller delayed disclosing the issue until the week of closing. The buyer’s lawyer refused to release funds, the buyer demanded a credit, and closing moved two weeks while the seller paid fines and a retrofit inspection.
Outcome: The seller lost negotiation leverage and paid more than the cost of resolving the issue earlier.
Lesson: Surface every potential title issue early.
Cost expectations for a seller
- Preliminary title search: typically a lawyer fee (varies by firm) — consider this insurance.
- Permit corrections or municipal fines: variable, depends on work needed.
- Title insurance (usually buyer’s request): buyer typically pays, but expect negotiations.
Compare legal fees versus the cost of a delayed or collapsed sale. The math favors early review.
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What to say to buyers and their lawyers
Be transparent. Provide the title report, permit paperwork, mortgage payout statements, and any other relevant documents. If there’s an issue, show proof of steps taken to resolve it.
Transparency reduces friction and builds trust. Buyers and lenders respond better to action and documentation than to surprises.
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Clear call to action for Milton home sellers
If you’re selling a home in Milton, do not wait. Have your title reviewed now. I’ll connect you with experienced real estate lawyers and a step-by-step plan to clear title issues quickly.
Contact for immediate help and a straightforward pre-closing title review:
Tony Sousa — Local Milton Real Estate Agent
Email: tony@sousasells.ca
Phone: 416-477-2620
Website: https://www.sousasells.ca
Get a plan. Protect your closing. Avoid last-minute price cuts and legal headaches.
Frequently Asked Questions (FAQ)
Q: Can I review the title before closing?
A: Yes. Request a preliminary title search from your real estate lawyer immediately after accepting an offer. Review any encumbrances, mortgages, and municipal charges and resolve them before closing.
Q: How long does a title review take?
A: A basic preliminary title search can return in a few business days. Resolving issues can take from a week to several months depending on complexity. Start early.
Q: Who pays for the title search?
A: Sellers typically pay their lawyer’s fees for pre-closing work. Buyers often purchase title insurance. Confirm who covers specific costs in your agreement.
Q: What if there’s an easement or right-of-way on my property?
A: Disclose it. Your lawyer will explain how it affects value and closing. Buyers can accept, require adjustments, or walk away depending on the impact.
Q: Do I need title insurance if the title is reviewed?
A: Title review and title insurance serve different purposes. Review catches known and registrable problems before closing. Title insurance protects against hidden defects after closing. Both have value.
Q: What local Milton issues should I expect?
A: Watch for municipal charges, unresolved permits, Conservation Halton restrictions, and mismatched legal descriptions from lot changes in development areas.
Q: Can title issues delay closing?
A: Yes. Lenders can refuse funds if title defects exist. Even small issues can hold up disbursement and transfer of ownership.
Q: What documents should I prepare for the title review?
A: Mortgage statements, HELOC payoffs, building permits and inspection certificates, survey or reference plan, property tax receipts, utility bills, and any agreements with neighbours.
Q: What’s the fastest way to fix a title problem?
A: Early detection, immediate payment of municipal arrears or liens, securing discharge letters from lenders, and working with your lawyer to file required documents.
Q: Where can I get help in Milton?
A: Contact an experienced local agent and a real estate lawyer familiar with Milton and Halton Region issues. If you need referrals or a direct plan, contact Tony Sousa at tony@sousasells.ca or 416-477-2620.
Be decisive. Review the title before closing and control your sale. Small effort now avoids major loss later. If you’re selling in Milton, get a local expert who knows the town, the lenders, and the municipal traps — and get your title clean before closing day.
