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Real Estate

What happens if the seller's lawyer can't be reached on closing day in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Your lawyer will typically try multiple channels to reach the seller's lawyer, including calling the firm directly rather than relying only on the individual lawyer, since another person at the firm may be able to step in or explain the situation. Genuine unavailability on closing day is unusual and often has a mundane explanation, such as a scheduling conflict or a document still being finalized, rather than something more serious.

If contact cannot be made and the closing time under the Agreement of Purchase and Sale passes without completion, your lawyer may send a formal notice of non-compliance to preserve your position as the buyer, documenting that you were ready to close and the other side was not. Depending on how the day unfolds, options range from a short negotiated extension once contact is finally made, to treating the matter as a breach with the remedies that follow, such as damages or specific performance. Because every hour of delay affects your own moving plans, financing, and any related sale, keep your own lawyer updated in real time so they can respond as the situation develops.

Key takeaways

  • An unreachable lawyer on closing day is unusual and often resolves once contact is made.
  • A notice of non-compliance can preserve your position if the closing time passes without completion.
  • Outcomes range from a short negotiated extension to a breach with damages or specific performance.
  • Stay in close contact with your own lawyer so they can respond as the day unfolds.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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