What is a writ of execution and can it affect my property purchase?

A writ of execution is a court order that registers a creditor's claim against a debtor's assets, including any land the debtor owns. If the seller of the property you are buying has an outstanding writ registered against them, it could attach to the property and follow the title if not discharged before closing.

Your lawyer searches for writs as part of the standard title search. If a writ is found, the lawyer contacts the seller's lawyer and requires that it be discharged from title before funds are released. This typically means the seller must pay the underlying debt (or negotiate a discharge with the creditor) before the deal can close.

Writs are one reason why the title search is done well before closing day — discovering a problem the day before closing leaves little time to resolve it. If a writ cannot be resolved in time, your lawyer may need to negotiate a delayed closing or, in extreme cases, advise you on your options under the agreement.