What happens when a real estate sale doesn't close?

When a real estate deal doesn’t close, the mess can spread well beyond one buyer and one seller.

Suppose you’re counting on the proceeds from selling your current home to complete your next purchase. If your buyer doesn’t close, you may suddenly be unable to close either. Your seller might be relying on that money for their own purchase—and the dominoes keep falling.

Meanwhile, moving trucks are booked, belongings are packed, and everyone is wondering where they’ll be sleeping that night. The lawyers are working to untangle the situation while the real estate agents help coordinate whatever comes next.

So, what do you do?

Once you’ve finished laughing, crying, or contemplating a dramatic new hairstyle by pulling your hair out, call your real estate lawyer.

A delayed closing doesn’t necessarily mean the deal is finished. Sometimes a missing document, delayed mortgage funds, or another problem can be resolved with a short extension. However, an extension needs to be properly agreed upon and documented. You shouldn’t assume you automatically have another day to close.

If the transaction falls apart, the next steps depend on the agreement and the circumstances. A seller may need to put the property back on the market, but should get legal advice before doing so. Sellers also generally need to take reasonable steps to limit their losses.

A buyer who defaults may lose their deposit and face a claim for additional losses, including a resale shortfall and certain carrying costs. Walking away can cost considerably more than the deposit. For further reading, SorbaraLAW provides an [overview of legal remedies available to sellers when a residential transaction fails].

If the seller is the one who fails to close, buyers may also have legal remedies. Your lawyer can explain the options and whether pursuing a claim makes practical and financial sense.

As your REALTOR®, my role is to help identify potential problems early, keep communication moving, and work alongside your lawyer when difficulties arise. Nobody can guarantee a trouble-free closing, but preparation and prompt action matter.

And if things do go sideways? Keep breathing, stay in touch, and let your legal counsel guide your next steps. A stressful situation is hard enough without making rushed decisions that create another one.

Terminology Tuesday: Lien

It’s a small word that can create a big complication when selling a home: lien (pronounced “leen”).

In real estate, a lien is a legal claim against a property that helps secure payment of a debt. You still own the property, but someone else has a claim that can affect your ability to sell or refinance it. Depending on the circumstances, enforcement can even lead to a forced sale.

For example, an unpaid contractor or supplier may have the right to register a construction lien for work or materials supplied to improve a property. A condominium corporation can also have a lien against a unit for unpaid common expenses. Different types of liens have different rules and requirements.

Does a lien mean a home can’t be sold?

Not necessarily, but it creates an issue that needs to be addressed. Depending on the lien, that might involve arranging payment and a discharge, negotiating a resolution, or taking legal steps to dispute or remove it. Discovering one shortly before closing can cause delays—or put the transaction at risk.

For sellers, the practical lesson is to involve your lawyer early if you know about a lien or an unresolved payment dispute. For buyers, it’s another reason the legal work behind your purchase matters.

The house might be beautifully staged, but you also want to know what’s attached to it on paper.

Market Media Monday - October 26, 2026

A curated list of recent headlines relevant to real estate in Canada or locally, with short excerpts. Click each headline link to read the full article on the source site.

[ Home affordability improved in September. Did buyers notice? ]

""Home affordability improved in September, but modest decreases in qualifying income and monthly mortgage payments aren’t likely to move the needle for most buyers this fall. According to Ratehub.ca’s latest home affordability report, affordability improved in 12 of 13 major Canadian housing markets. Home buyers in Halifax, Ottawa and Victoria enjoyed the largest increases in affordability. Fredericton was the only market included in the study that saw affordability erode.""

[ Canada's flailing housing market still in the crosshairs of a demographics reckoning, says National Bank ]

"Canada's real estate market has slumped since rising interest rates and increasing tariff troubles with the United States crushed some green shoots this spring, but it could fall even further if immigration levels drop as they are currently meant to, says National Bank of Canada."

[ BoC expected to hike rate on Wednesday to stem spillover of energy inflation ]

"The Bank of Canada will likely raise its benchmark interest rate by 25 ​basis points on Wednesday as a pre-emptive move to stop energy-led inflation from spreading to the rest of the ‌economy, according to money markets and economists."

Keeping Your Basement Dry: Two Simple Things to Check

No homeowner wants to discover water in the basement. Beyond the mess and damaged belongings, there’s the worry about what comes next: foundation repairs, excavation, waterproofing—and the bill.

But a wet basement doesn’t automatically mean the foundation needs expensive repairs. Sometimes, the problem starts with how water is being directed around the outside of the home.

Two things worth checking are downspouts and grading.

Downspouts: Give the water somewhere to go

Your roof collects a considerable amount of rainwater. Eavestroughs and downspouts help manage it, but they need to deliver that water somewhere it can drain safely away.

If a downspout ends right beside the house, you’re concentrating roof runoff next to the foundation—exactly where you don’t want it.

Check that your eavestroughs and downspouts are clear of debris, securely connected, and draining properly. Downspouts should have an elbow and a suitable extension directing water onto ground that slopes away from the house. Aim to discharge at least two metres from the foundation where possible, while following local requirements. Make sure the water won’t flow back toward your home or create problems for your neighbours.

What about downspouts that disappear underground?

An underground connection doesn’t tell you where the water goes. Depending on the home, it could connect to foundation drainage, a storm or sanitary sewer, or a separate drainage system.

Some older systems may be damaged or blocked, and some municipalities require certain downspouts to be disconnected. Before making changes, have the connection assessed and check local requirements. Where disconnection is appropriate, the unused underground opening needs to be properly capped and the roof runoff safely redirected.

Grading: Make sure the ground slopes away

Grading is simply the slope of the ground around your home. Ideally, that slope should encourage water to travel away from the foundation.

Over time, soil can settle and create dips beside the house. Garden beds, walkways, and other landscaping changes can also trap water or send it in the wrong direction.

After a good rainfall, take a walk around your property. Look for puddles beside the foundation, low spots, or water flowing toward basement windows and exterior walls.

And don’t assume a newer home is immune. I once showed a brand-new, multi-million-dollar home the day after a rainstorm. A large depression had been left beside the foundation, and there was a significant leak in the basement. The price tag hadn’t persuaded the water to go somewhere else.

For landscaped ground, a commonly recommended target is a five per cent slope—approximately six inches of fall over ten feet—where the property allows. Local requirements and site conditions may differ.

Small low spots may be corrected with suitable, compacted soil. Larger grading problems deserve professional advice, particularly where space is tight or neighbouring properties are involved. Avoid piling soil against siding, covering masonry drainage openings, or reducing the clearance around basement windows.

Start outside, but don’t ignore a leak

Good downspouts and proper grading won’t prevent every basement water problem. Foundation defects, groundwater, blocked drains, sump pump failures, and sewer backups can still require professional attention.

But managing surface water is an important first line of defence—and often a relatively inexpensive place to start.

The less water you send toward your foundation, the less water your basement has to keep out.

Terminology Tuesday: Kitec Plumbing

Plumbing rarely gets the attention that the appearance of kitchens and bathrooms do during a home search, but what’s behind the walls can matter just as much. Kitec plumbing is one example.

Sold between approximately 1995 and 2007, Kitec was marketed as an affordable, easy-to-install alternative to copper. Its pipes contain an aluminum layer sandwiched between layers of plastic, connected with brass fittings. It was used for household water supply and some hot-water heating systems. Often orange or blue, it can also appear in other colours, so colour alone doesn’t confirm its identity. Additionally, other modern plastic plumbing systems, such as PEX, can look similar but are different products and should not be confused with Kitec.

Physical defect

A major problem with Kitec plumbing involved the brass fittings, which contained a high proportion of zinc. Through a corrosion process called dezincification, zinc can leach out of the brass, weakening the fitting. Corrosion deposits can also restrict water flow. Eventually, fittings may leak or fail.

The pipes themselves can deteriorate too, with concerns including separation of their layers and corrosion of the aluminum core. That means replacing only the fittings may leave other risks unresolved. Failures can cause substantial water damage, even if the system previously appeared to work normally.

How does it affect a sale or purchase?

Kitec can complicate insurance and financing, and the prospect of replacement can become an important negotiating issue. Buyers should have suspected Kitec assessed by a qualified plumber, obtain a replacement estimate, and confirm acceptable insurance before committing to the purchase.

A practical negotiation might involve replacement before closing or a price adjustment that accounts for the work—including opening and repairing walls. For condominium purchases, buyers should have their lawyer review the status certificate package and investigate any building-wide replacement plans or related costs.

Sellers who know their property contains Kitec should discuss it with their REALTOR® and lawyer before listing, including how to handle disclosure. If it has already been replaced, keep the invoices and documentation showing the scope of the work. Disclosure obligations depend on the circumstances and applicable law.

Kitec doesn’t automatically rule out a property, but it does complicate things and deserves careful investigation and a clear plan for addressing the risk.

Market Media Monday - October 19, 2026

A curated list of recent headlines relevant to real estate in Canada or locally, with short excerpts. Click each headline link to read the full article on the source site.

[ Canadian Home Sales Pull Back in September ]

"After a four-month run of modestly positive progress on demand, supply, and prices, many of Canada’s housing markets took a step back in September. This was hardly surprising given the latest jump in fixed mortgage rates, and with the Bank of Canada now widely expected to follow with a rate hike before the end of the year,” said Shaun Cathcart, CREA’s Senior Economist. “With housing affordability already stretched, the big question going forward is how much farther will the Bank have to go to keep a lid on inflation next year? Until that becomes clearer, this fresh round of uncertainty will likely send some buyers back to the sidelines."

[ Expert: Canada’s Homes Got Cheaper In September, But Buyers Still Pulled Back ]

"Canadian homes got cheaper in September. Buyers responded by purchasing fewer of them. A falling price is welcome, but it does little for a household whose mortgage approval no longer covers the home."

[ What could happen to home prices if the foreign buyers ban expires? ]

"The federal foreign homebuyers ban is scheduled to expire on Jan 1, 2027, which has real estate experts questioning whether home prices could be at risk of rising sharply if there is pent up demand from non-residents after being closed off for several years."

[ Pooling Resources: 53% of prospective buyers would consider a multi-generational home according to latest RBC Home Ownership Poll ]

"Multi-generational living is on the table for many Canadians looking to buy a home, according to RBC's latest Home Ownership Poll. The research found that 53% of those planning to purchase their first or next home within the next two years would consider a multi-generational home (44% of all respondents). Among current owners, 35% say they would sell their current home and buy one with their child to help them get into the market."

Take A Walk Before You Buy

You’ve found a house with the right number of bedrooms, a kitchen you love, and enough backyard for the dog. It’s tempting to start imagining where the furniture will go.

But before you picture yourself living in the house, spend some time imagining yourself living in the neighbourhood.

A showing gives you a look at the property. Exploring the surrounding area helps you understand how it might fit your everyday life.

Visit at different times

A quiet street on a Tuesday afternoon may feel quite different during the morning commute or on a Saturday evening. If possible, return at a few different times. Pay attention to traffic, noise, parking, and how easy it is to get in and out of the area.

You’re gathering a fuller picture than one scheduled showing can provide.

Try your actual routine

“Close to everything” sounds great in a listing, but what does it mean for you?

Try the drive to work when you would normally make it. Walk to the nearest park or bus stop. Consider the trips you make regularly: groceries, appointments, visiting family, or taking the kids to activities.

A destination may be nearby on a map but awkward to reach in practice. Likewise, a slightly longer distance might be perfectly manageable with a convenient route.

Look beyond the neighbourhood’s reputation

Even within the same Hamilton neighbourhood, individual streets can offer different experiences. One property might back onto a busy road, while another is tucked away near a trail.

Broad labels are no substitute for looking at the specific location and deciding whether it suits your needs.

Ask about what could change

If a nearby vacant lot, open view, or quiet stretch of road is part of the appeal, ask questions about it. Check available municipal planning information for proposed developments or road projects. An empty lot today isn’t a promise that it will stay empty.

Decide what matters to you

Some buyers love being able to walk to shops and restaurants. Others value a quieter setting or more outdoor space. Neither preference needs to win a popularity contest.

Write down your priorities before house hunting, then use them to assess both the property and its surroundings.

You can repaint a bedroom or replace a countertop. Changing the location requires another move.

When I help buyers find a home, the conversation goes beyond room sizes and finishes. It’s about finding a place that works for the life you actually live.

Thinking about buying in Hamilton or the surrounding area? Let’s talk about what matters to you.