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When you’re moving into a new home, you will most likely have certain dates in mind and need to plan accordingly. All the other steps are leading up to the most important dates that you’ll have to work towards - the date you need to be out of your previous home, and the date you can move into your new home. So what happens when reach the agreed-upon date and you’re ready to move into your new home, but the previous owners haven’t left yet?

Agents in different Ontario cities have had reported about clients who have been all set to move into their new home, only to be denied access to it by sellers who they believe should have vacated the property but haven’t finished moving out yet. The standard agreement from the Ontario Real Estate Association (OREA) states that “Upon completion, vacation possession of the property shall be given to the buyer…” and specifies a time and a date. The confusion can come from the word “completion” in the agreement.

“Closing” and “completion” are used interchangeably in the standard agreement, and “completion” is never defined in it, so it’s not specific about whether completion means registration of the deed or upon the home being empty. This can create a dispute over when the seller has to be out of the home, and can lead to a difficult and tense situation for all parties concerned in the sale.

This scenario has played out in Whitby and London in recent years, and in other cities in Ontario in the past. In at least one case, the buyers successfully sued the sellers for the additional costs incurred with their moving company because of the delay in being able to take possession of their new home.

With all the complexities of buying and selling a home, I am here to help you navigate all the steps involved in your real estate transaction, and to help you avoid unexpected situations like this. If anything out of the ordinary comes up with the purchase or sale of your home, I’m also here to help you deal with that and to get the process back on track as quickly as possible. To learn more about how I can help you buy or sell real estate in Windsor and Essex County, call me today at (519) 999-8462 or email me with any questions you have.


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