Can I require my lawyer to sign off on title before I'm obligated to close?
Yes — where the business purchase includes real property, or where title to key assets more broadly needs confirming, making your own lawyer's satisfactory review of title a closing condition is standard, sensible practice, not an unusual ask. This gives you a formal off-ramp if a title search turns up a problem — an unexpected lien, an easement affecting how the property can be used, or a boundary discrepancy — that isn't resolved to your lawyer's satisfaction before the scheduled closing date.
For an asset purchase involving equipment and other personal property, the analogous protection is usually framed around a satisfactory Personal Property Security Act search confirming there are no undisclosed registered security interests standing ahead of what you expect to be buying free and clear. Structuring the condition around your own lawyer's professional satisfaction, rather than a vague general reference to "clean title," gives you meaningful discretion to decide what's actually acceptable rather than arguing after the fact about whether a specific issue should have stopped the deal.
Building this condition properly, and understanding what it does and doesn't let you do if title comes back with a problem, is worth confirming directly with a Treadstone business lawyer before you're relying on it under time pressure.
Key takeaways
- Requiring your own lawyer's satisfactory title review as a closing condition is standard, sensible practice.
- It gives you a formal off-ramp if a title search reveals liens, easements, or boundary issues.
- For personal property, the equivalent protection is typically a satisfactory PPSA search.
- Tying the condition to your lawyer's professional satisfaction gives clearer, more usable discretion.