Legal Question in Real Estate Law in Canada

Vendor refuses to move on closing date

Our closing is 2 weeks away and the vendor of the house we bought has decided they won't move out for another 3 more weeks. All contracts were signed by both parties. They want to knock $5000 from the price of the sale for the inconvenience but it means I have to move my family into a hotel for 3 weeks and store my furniture as well. What is my recourse? I want to move in on the original date. My lawyer says there's nothing I can do.


Asked on 9/25/03, 1:47 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Vendor refuses to move on closing date

If you have paid for the property the vendor is a trespasser. You can apply to the court for an order for possession and apply for all the costs to be paid by the vendor. An order for possession will then permit the Sheriff/Police to attend with you at the house to move the people out. The Courts will take a very dim view of this once you prove the sale and the completion of the sale.

Remember--most lawyers who do real estate do n ot go to court. You need a litigation lawyer.

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Answered on 10/06/03, 10:17 pm


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