MAR Associate Counsel Tricia MacIsaac offered several practical recommendations for avoiding closing problems.

One of the simplest: pull the deed before writing the offer. Confirm who actually owns the property and identify trusts, multiple owners, deceased owners or other title complications before they become last-minute emergencies.

Agents should also identify early who is responsible for monitoring each contractual deadline, including inspections and mortgage commitments. Personal property, fixtures and landscaping items should be clearly addressed at the offer stage rather than left for interpretation later.

Potential complications involving divorce, deceased owners, leased or rented equipment, solar agreements and driveway or boundary disputes should be raised as early as possible.

Mortgage commitments also deserve careful review. A first page may appear to indicate that financing is approved while additional conditions remain elsewhere in the commitment. Buyers should understand those conditions before waiving their mortgage contingency.

Finally, prepare clients for the realities of closing day. Bank funding may not arrive until late afternoon, and recording can sometimes be delayed until the following business day. Thursday closings were suggested when possible because Friday remains available to resolve unexpected recording issues.

The overriding message was simple: communication among the REALTOR®, lender and closing attorney is one of the most important tools for preventing problems.