Yes, Ontario buyers have a common law right to a pre-closing visit, even if the Agreement of Purchase and Sale does not explicitly include one. This right allows you to confirm that the property is in substantially the same condition as when you agreed to purchase it.
The legal basis for this right comes from the Ontario case Harkness v. Cooney, which established that a purchaser does not have to complete a transaction without first being able to inspect the property to verify its condition has not materially changed since the agreement was signed. The court held that no special clause is needed in the agreement for this right to exist. Most Ontario real estate lawyers recognize this precedent, though a small number have argued its authority on technical grounds. Regardless, it remains widely accepted in practice across the province.
That said, the scope of this common law right is narrow. It entitles the buyer to walk through the property and look for visible damage that may have occurred since the date of the agreement, such as water damage from a burst pipe, fire damage, or the removal of items that were supposed to be included. It does not extend to testing appliances, running equipment, or bringing in contractors, appraisers, or family members. If you want a broader inspection right, or the ability to bring additional people, those terms need to be written into the APS.
This is why most buyer agents in Ontario include a visitation clause in Schedule A of the offer. A typical clause grants the buyer two or three visits at mutually agreed-upon times before closing. The final visit is usually scheduled 24 to 48 hours before the closing date to serve as the walkthrough. If significant issues are discovered during this visit, the buyer's lawyer can raise them with the seller's lawyer, and the parties may negotiate a holdback or other resolution before closing proceeds.
The pre-closing visit is not the same as a home inspection. A home inspection is typically done during the conditional period and examines the structural and mechanical condition of the property. The pre-closing visit happens after the deal is firm and focuses solely on whether the property's condition has changed.
If anything concerning surfaces during the visit, notify your real estate lawyer immediately. The closer it is to closing day, the fewer options both sides have, which makes timing important. To learn more about the closing process itself, see What Happens on Closing Day When Buying a Home in Ontario?
