Holdbacks at Completion: What They Are and When They Show Up
Your lawyer mentions a "holdback" a few days before completion and suddenly your closing feels less final than you thought. Here's what a holdback actually is, and why it's a normal part of closing, not a red flag.
“• A holdback is money your lawyer or notary keeps back from the sale proceeds at completion to cover an unresolved item.
• Common triggers include an outstanding strata special levy, a required repair, or a dispute over a cost adjustment between buyer and seller.
• The held-back funds are released once the item is resolved, usually within a set number of days.
• Holdbacks come up most often on older homes and strata properties, and your lawyer will flag one proactively if the closing documents raise a concern.”
A Normal Part of Closing, Not a Sign Something's Wrong
If you're partway through closing and your lawyer mentions a holdback for the first time, it can sound alarming, like something's gone wrong with your deal. Most of the time, it hasn't. A holdback is simply money that gets set aside from the sale proceeds at completion to cover something that isn't fully resolved yet, released once it is.
THE TWO MOST COMMON TRIGGERS
A strata special levy. This is the most common trigger on the North Shore. A special levy is a one-time assessment a strata charges owners on top of regular fees, usually to fund a major repair the reserve fund can't cover on its own. If a Form B or the strata's financial documents show a levy that hasn't been fully paid or finalized, the lawyers on both sides may agree to hold back enough funds to cover it, so the buyer isn't stuck absorbing a cost that was really the seller's responsibility, or vice versa.
A repair or disputed adjustment. If an inspection turned up an issue the seller agreed to fix but it wasn't completed before completion, a holdback lets the deal close on schedule while ensuring the money for that repair doesn't just disappear once the sale is final. Similarly, if there's a genuine dispute over how a cost, like prepaid property tax or strata fees, should be adjusted between the parties, a holdback buys time to sort it out without delaying the whole transaction.
How It Actually Works
Your lawyer or notary keeps the agreed amount in trust rather than releasing the full proceeds, and it gets paid out once the underlying issue is confirmed resolved, whether that's a paid invoice, a completed repair, or an agreed final number. This usually happens within days to a few weeks, not months, though the exact timeline depends on what's being resolved.
Holdbacks show up more often on:
Older homes, where deferred maintenance or unclear repair history is more likely
Strata properties, where levy timing and Form B details can be more complicated than a straightforward detached home sale
If you're buying either type of property, it's worth asking your lawyer directly whether anything in the file looks like a holdback candidate before you get to the closing table, rather than being surprised by it in the final days.
What This Means for You
A holdback isn't something to be nervous about, but it is something worth understanding before it comes up, so it doesn't feel like a last-minute complication. If your lawyer raises one, ask exactly what's being held back, how much, and what has to happen for it to be released, that's usually all you need to know to feel comfortable with it.