Should I get title insurance when buying a property out of receivership in Ontario?
Generally, yes - title insurance is worth serious consideration in a receivership purchase, precisely because these sales come with fewer of the ordinary protections a buyer relies on. A court-appointed receiver selling an asset is not the original owner, typically has limited firsthand knowledge of the property's history, and usually sells on an "as is" basis with representations and warranties either excluded or sharply limited. That combination raises the odds of an undiscovered title problem - an old lien, a boundary issue, or a defect in a prior transaction - slipping through standard searches.
Title insurance does not replace a proper legal review of the receivership order, the court approval, and the state of title before closing; it works alongside that review as a backstop for certain risks that even careful due diligence cannot always catch, such as claims that surface later or minor registration defects. It will not cover every possible problem, and its value depends on the specific policy and property, so this is a conversation to have directly with your lawyer once they understand the file.
Ask your lawyer early in the transaction whether title insurance makes sense given the specific receivership sale you are considering.
Key takeaways
- Receivership sales typically limit or exclude the vendor's representations and warranties on title.
- Title insurance is commonly worth considering as an added layer of protection in this context.
- It complements, rather than replaces, a full legal review of the receivership order and title.
- Discuss the specific policy and property with your lawyer before deciding.