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Canadian Real Estate/possession date not honoured


QUESTION: In Alberta what, if any recourse or compensation am I entitled to as a home buyer when the seller indicates an extension is needed for the possession date.  
The seller had ample time to perform the completion tasks of the house, and it seems unnecessary for me to have to accomodate his request.
Is there a standard or typical response to this request?

Thank you in advance.

ANSWER: Hi Simone,
Speak to your Lawyer, but If this is a firm deal. The property must be vacant on Closing as per the Agreement Of Purchase And Sale. Why is the Seller asking for an extension on the Closing? They can't find another home? Too bad.... You can negotiate an extention with the Seller for a higher price if they need more time to find a house, otherwise they should be out on the Closing Date!
Good luck.

---------- FOLLOW-UP ----------

QUESTION: The home is vacant.  It is a brand new build, and the owner has done little to complete the work so that it is ready by possession date.  I've been checking in on it regularily and have found weeks go by without any work at all being done.  When I met the seller yesterday, he seemed oblivious that possession was for March 25th, Monday.
That is when he asked for an extension.  I'm upset because I've been waiting patiently for this home.  I even let him pick the possession date that would suit him.  Once agreed on, should I change it, or charge him per day for an extension?

Hi again, Are you dealing with a Real Estate Agent on this? You could inform the Seller that you intend to hold back some funds on Closing. Ask your Lawyer to hold back $10,000-$20,000 on Closing or ask for an Inspection of the property 2 days before closing. Again, I would talk to your Agent and Real Estate lawyer! Extend the Closing Date, Reduce the original price, Hold back funds to do the work later?

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Derek Hamilton


Any questions relating to Residential Real Estate in the City of Toronto or Southern Ontario. How much is my home worth in todays market? What's involved in Buying Real Estate ? How much do you need for a down payment? What's involved in Buying a Condo? What's involved in Buying a Co-op? What do you need as a deposit? How to choose a good Real Estate Agent for your property? What should you do to prepare your home for the market? How much Commission should you expect to pay? What are the expenses when Buying or selling your property? Should you have your home Staged for the market? Derek Hamilton has made Toronto his home his whole life and knows better than most what the city has to offer! Use his 26 years of Award winning experience to work for you.


Residential Real Estate Sales Representative in Toronto Ont,Canada for 26 years. Award Winner for 24 straight years with Royal Lepage & Sutton Group. Prior experience was 10 years building new custom homes & Renovations in North Toronto. I have a total of 36 years experience in the Residential Real Estate field.

I also subscribe to the Georgian Triangle Real Estate Board in Collingwood & the surrounding areas.

George Brown College "Carpentry", Continuing Education with the Toronto Real Estate Board. Member sinse 1985.

Awards and Honors
Platinum Award 2000-2008, Presidents Gold Award 2009-2010-2012, Award Of Excellence 2011 25 Year Club for the Toronto Real Estate Board.

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