Vacant Possession – Unoccupied Property at time of Possession

In the Agreement for Purchase and Sale, the Seller agrees to provide “vacant possession” to the Buyer at the close of the transaction. 

 Most Ottawa transactions close by mid to late afternoon.  This timing means that the Seller will have had to remove himself and his possessions by approximately noon on the day of possession.  Like most things, there is always an opportunity for things to go wrong.   For example, when the Buyer arrives at the new house and – SURPRISE – the Seller is still moving or, worse, the tenants have decided not to move and are still occupying the premises. 

If you are a Buyer, try to schedule your move to the day following possession.  While this is not always possible, it does provide you with some leeway if there are difficulties.  If you are a Seller and you cannot move out earlier, be prepared to pay any out-of-pocket expenses for the Buyers (hotel bills, moving van hold over costs, food etc).  The Buyer will have a right to make a claim for reasonable out of pocket expenses.

Vacant possession also means free of possessions not included in the purchase.  In almost every move I have made or witnessed, the Sellers leave behind things that the Buyers did not purchase.  In same cases, these are welcome (the shelving units in the garage, the area rug in the bedroom) and in some cases the sellers have left their trash in heaps along the side of the house, old broken bits of furniture in the basement and hideous and chipped yard ornaments.  The Buyer has to weigh the value of going after the Seller in small claims court or through other legal action, or just disposing of these possessions at the Buyers’ effort and cost. 

Perhaps you have bought a house with the understanding that, legally, there will be no tenants in the home on the day of possession. If the tenants are still there when you get possession, my best advice is to immediately consult your lawyer.  The laws tend to side with the tenants’ possession so you will best be served with sound legal advice. 

It will be in your interest as a Buyer to drive by the house a few days in advance and the day before closing to see if there is any movement of the Seller, the tenants and the possessions.

Vacant Possession is More than an Empty Promise

Valerie Zinger ~ Ottawa Canada ~ 613-723-5300 ~ vzinger@royallepage.ca

 

Zingers #42 – Sign of the times

Some people do not want a “For Sale” sign in front of their homes.  I highly encourage you to agree to a sign.  It lets neighbours and passers-by know that your home is available.  When you are selling, use every form of marketing available.

 What is your sign?

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