By Mark Weisleder

Buying or selling a home is one of the biggest financial decisions you’ll make. Small mistakes can lead to costly problems. From title searches to rental contracts, here are five key steps to help you avoid surprises and ensure a smooth transaction in 2025.

1. Check the Title Search Before Listing or Buying

I’ve seen too many deals where there isn’t enough money at closing to pay off the seller’s lender. By checking the title in advance, you can confirm the outstanding mortgage amount and see if there are any liens or debts, such as unpaid taxes owed to the Canada Revenue Agency (CRA). Sellers should obtain updated statements to ensure there’s enough equity to cover all financial obligations, including real estate commissions. This also helps protect sellers from legal action after closing.

2. Be Specific About Rental Contracts

It is not enough to simply state that a furnace or water heater rental costs $100 a month in the purchase agreement. You must confirm that the contract can be assumed by the buyer.

I’ve seen many cases where suppliers refuse to transfer the contract, forcing sellers to buy it out at their own expense. Buyers should ensure the agreement clearly states that they will sign any necessary documents to assume the contract before closing. If this isn’t addressed, rental companies can continue charging the seller even after ownership transfers.

3. Confirm Keys and Access Devices

Never assume you’ll receive two full sets of keys and garage remotes at closing. If you’re buying, insist that the agreement specifies the number of keys and devices the seller must provide.

For condominium buyers, key FOBs often need to be obtained from the management company, sometimes requiring a security deposit. Be aware of this process so you’re prepared. Also, don’t forget mailbox keys—if they’re missing, you may need to request new ones from Canada Post, which can take time. Including these details in the contract helps avoid unnecessary hassles.

4. Stay Involved Until Closing

Signing the contract is just one step—there are still plenty of moving parts before the deal officially closes. Deposits must be paid on time, conditions must be waived as required, and any necessary repairs or removals should be completed before closing.

If you’re a buyer, don’t wait until the final walkthrough to check on the property. If repairs were agreed upon, follow up with the seller to ensure they’re completed. If you notice damage at the final pre-closing visit, take photos, get an estimate, and negotiate a solution before closing day. Being proactive prevents last-minute issues and helps avoid disputes.

5. Get Expert Advice When Needed

Real estate transactions can be complex, and it’s always better to ask for expert advice than to make assumptions. If you’re unsure about issues such as foreign buyer restrictions, zoning, HST on a property, condo status certificates, or basement apartments, don’t hesitate to seek legal guidance.

Many buyers and sellers consult me for these types of concerns. Having an experienced professional review the details can save you from costly mistakes. You may also want to make your purchase agreement conditional on legal review to ensure all terms protect your interests.

By taking these precautions, buyers and sellers can avoid unnecessary complications and protect themselves from unexpected costs. A well-prepared transaction leads to a smoother closing—and ultimately, a better real estate experience.

Mark Weisleder is a Partner, author and speaker at the law firm Real Estate Lawyers.ca LLP. Contact him at mark@realestatelawyers.ca or toll free at 1-888-876-5529