No Canada (General) version yet
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, British Columbia, England & Wales.
The agreement usually sets the outcome
Property disputes are contract disputes with a specialised vocabulary. Before anything else, the agreement of purchase and sale, its conditions, schedules and amendments determine what each side promised and what happens if a promise is not kept.
- Conditions, and whether they were waived, fulfilled or allowed to lapse
- Representations and warranties, and whether any survive closing
- What was included as a fixture or chattel
- The deposit terms and what happens to it on default
- Any entire-agreement clause limiting reliance on what was said verbally
Defects and disclosure after closing
The usual distinction is between a defect that a reasonable inspection would reveal and one that is hidden. Most systems place responsibility on the buyer for what was discoverable, while treating concealment or an untrue statement differently.
| Situation | What is usually examined |
|---|---|
| Visible defect | Whether it was reasonably discoverable before closing |
| Hidden defect | Whether the seller knew of it, and whether it makes the property unfit or dangerous |
| Concealment | Whether steps were taken to hide the issue, such as painting over or covering damage |
| Untrue statement | What was said, in what document, and whether it was relied on |
When a transaction does not close
A failure to close usually raises two separate questions: which side was ready, willing and able to complete, and what loss followed. The deposit is often the first thing in dispute, but it is rarely the whole picture.
Before the date
Written confirmation that you were ready to complete matters more than any later account.
On default
The property is typically re-listed, and the difference on resale becomes central to the loss.
The deposit
It is usually held in trust and often cannot be released without agreement or a court order.
Afterwards
Carrying costs, bridge financing and storage are commonly claimed alongside the price difference.
Boundaries, easements and neighbours+
Not every property dispute involves a transaction. Where the disagreement is about a line, an access right or an encroachment, the decisive documents are usually the registered title, any survey, and the history of how the land has actually been used.
Timing and registration stepsGeneral guidance
Limitation periods for property claims usually run from discovery of the problem, which in defect cases can be much later than closing. Separately, some remedies depend on registering a notice against title promptly, and that step often has its own short window.
Documents to gather
- The agreement of purchase and sale with all schedules and amendments
- Seller disclosure statements or property information forms
- The listing, marketing materials and any written representations
- The home inspection report and any specialist reports
- Closing documents, statement of adjustments and title records
- Correspondence between agents and lawyers around the closing date
Evidence that carries weight
- Dated photographs of the defect and of the property before closing
- Repair quotes and invoices with a description of the cause
- Permits, or the absence of permits, for past work
- A survey or title search for boundary and access issues
- Written confirmation that you were ready to complete on the closing date
Want both lists in one printable page?
Common mistakes
- Repairing a defect before it is documented and inspected
- Assuming a verbal assurance overrides the written agreement
- Letting a condition lapse rather than waiving or fulfilling it in writing
- Delaying because the deposit is 'safe' while a limitation period runs
- Ignoring an inspection recommendation and later calling the defect hidden
Frequently asked
Who gets the deposit when a deal collapses?
Deposits are typically held in trust and often cannot be released without both sides agreeing or a court order, regardless of who each side believes was at fault.
The seller did not mention a problem. Is that misrepresentation?
Silence and an untrue statement are usually treated differently. Much depends on whether the defect was hidden, whether the seller knew, and what the disclosure documents actually said.
Can I force the other side to complete the sale?
Some systems allow a remedy directed at completing the transaction for land, though it is discretionary and fact-dependent. More commonly the dispute is about money.
Does my agent have any responsibility?
Agents owe professional duties and are also subject to regulatory complaint processes, which run separately from a claim about the transaction itself.
How is the loss calculated on a failed closing?
Usually by reference to what the property later sold for, plus costs caused by the failure such as carrying costs, financing and storage, with a duty to limit the loss.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide, in Canada (General).
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.