What are the risks if my realtor hands over the keys before my lawyer confirms registration is complete?
Taking possession before your lawyer has confirmed that funds have cleared and registration is complete, or safely arranged through an undertaking, means you are occupying and effectively treating the property as yours before the legal transfer is actually secured. If something goes wrong at that point, such as your funds not clearing or a title problem surfacing, you could end up in possession of a property you do not yet legally, or fully securely, own.
Real estate agents are focused on the practical logistics of a transaction, such as coordinating access and timing, but confirming that it is legally safe to release keys is a step that properly belongs with your lawyer, not your agent. Lawyers coordinate this timing specifically so that possession lines up with confirmed funds and either completed registration or a proper undertaking covering the gap, rather than happening on trust that everything else will work out. If your agent offers keys before your lawyer has given the go-ahead, it is reasonable to ask your lawyer directly whether it is actually safe to take them at that point.
Key takeaways
- Taking possession before registration is confirmed means real risk sits with you in the meantime.
- Agents coordinate access, but confirming legal safety to release keys belongs with your lawyer.
- Lawyers time possession to line up with confirmed funds and secure registration or an undertaking.
- If in doubt, ask your lawyer directly before accepting keys ahead of that confirmation.