What happens if the seller doesn't move out by the possession date in Saskatchewan?
This answer covers the law of Saskatchewan.
Being kept out of a home you have bought is a serious problem, and your options depend mostly on what your contract says and what has actually happened. Because the details matter so much, it is worth speaking with a lawyer as soon as you know the seller is not leaving.
Possible steps generally include asking the seller in writing for a firm move-out date and asking your lawyer what your agreement allows if the seller does not leave. How this applies depends on your situation, so it is worth confirming with a lawyer. Which of these is available, and how quickly, is something a lawyer can confirm once they have read your agreement.
Prevention is easier than a remedy. Before you sign, have the contract state the possession date and time clearly, describe the condition the home must be left in, and deal with what happens if the seller stays late, including any holdback or daily compensation. Plan a walkthrough before closing, and tell your lawyer right away if the seller asks for more time.
Key takeaways
- Your options depend mostly on what your purchase contract says about possession and on what has actually happened.
- Asking the seller in writing for a firm move-out date is a practical first step, and your lawyer can explain what else may be available.
- Whether funds can be held back from the seller's proceeds depends on your contract and arrangements, so ask your lawyer before closing.
- The best protection is clear contract wording about the possession date, the home's condition and what happens if the seller stays late.