The importance of effective closing documents in real estate transactions is often overlooked and underappreciated. Join your peers and our expert faculty to analyze some of the critical issues in closing documentation and to gain helpful tips to protect yourself and your clients.
You will obtain an overview of standardized closing documents, over-extension of client obligations, undertakings and specialty closing documents to ensure your effective and defensive practice in conveyancing. Our experts will also discuss old stand-bys, such as the declaration of possession and whether they are still relevant.
Ian Speers, Barrister, Solicitor and Notary Public
Raymond H. Mikkola, Pallett Valo LLP
TABLE OF CONTENTS
Standard Closing Documents in residential real estate transactions in Ontario
Merredith MacLennan, Nelligan O'Brien Payne LLP
I. Vendor's Closing Certificate
II. Purchaser's Undertaking & Direction re: Title
III. Lawyer's Direction re: Funds
IV. Lawyer's Undertaking
V. Lawyer's Delayed Closing Escrow Agreement
VI. Working Group on Lawyers and Real Estate Ontario Standard Closing Documents
VII. Working Group on Lawyers and Real Estate Ontario Standard Closing Documents User
VIII. Letter LawPRO® - re: Standard-form closing documents-Working Group on Lawyers &
IX. Letter Ministry of Government and Consumer Services- re: Standard-form closing
documents-Working Group on Lawyers & Real Estate
Real Property Undertakings in Ontario
Georgea S. Wolfe, Goldman, Sloan, Nash and Haber LLP
I. Title Insurer Questionnaire - Chicago Title
II. Title Insurer Questionnaire - First Canadian Title
III. Title Insurer Questionnaire - Stewart Title
IV. Title Insurer Questionnaire - TitlePLUS®
V. Canadian Bankers Association - Contact List for Matters Involving Mortgage Discharges
XI. Overview of Undertakings and Trust Conditions (Practice Area Resource).
XII. Undertakings & Exclusions in the Professional Liability Policy: Real Estate Issues -
XIII. Avoid A Claim: Undertakings 101: Manage your risk.
XIV. Avoid a Claim - Coverage exception in title insurance policies catches lenders'
lawyers off guard, posted February 3, 2015 by Kathleen Waters.
XV. Sample discharge request letter - adapted by Caterina Galati from the sample
form of letter contained in the LSUC's former Bar Admission Course materials.
XVI. Law Society Rules 2015 (effective July 1, 2015), Law Society of British Columbia.
Declarations of Possession
Mitchell Leitman, Low Murchison Radnoff LLP
Document Registration Agreements ("DRA") and the Multi Party DRA
Joseph Fried, Meyer, Wassenaar & Banach LLP
Commercial Real Estate Transactions: Common Issues and Closing Documents
Raymond H. Mikkola, Pallet Valo LLP
Claims and Claims Avoidance in Real Estate Closing Documents
Lori M. Swartz, Lawyers' Professional Indemnity Company (LawPRO®)
Raymond Ashurov, Lawyers' Professional Indemnity Company (LawPRO®)