Catching a Seller's Missed Vacancy Declaration Before Closing

The situation

Imran and Chidi had outgrown their first home. Imran worked as a hairdresser, building a loyal client base over several years, and Chidi drove long-haul routes that kept him away for stretches at a time. Between the two incomes, they had saved enough for a larger place in Windsor with room for the two children they now had and the one on the way. They agreed to buy a detached house from a seller named Adaeze, who had listed it after moving out of the area for work roughly eighteen months earlier.

The deal itself was straightforward. The price, at roughly $470,000, sat comfortably within what their mortgage pre-approval supported, the home inspection came back clean, and the closing date was set for eight weeks out, giving everyone time to prepare. Nothing about the file looked unusual when it landed on our team's desk for the standard pre-closing review.

On paper, this was the kind of purchase that closes with almost no correspondence between the lawyers beyond the standard requisitions and adjustments. The house was in good condition, the financing was in place, and the seller's lawyer was cooperative and responsive from the first letter. It was only because the pre-closing checklist our team runs on every file includes a specific question about municipal occupancy declarations — a relatively new item, added as more Ontario municipalities rolled out vacancy tax programs of their own — that anything about this file turned out to be unusual at all.

The problem

Windsor's vacant home tax does not work the way Toronto's or Ottawa's does. Those cities ask every residential owner to file a declaration every year confirming whether the home was occupied. Windsor takes a narrower, complaint-driven approach: most owners never file anything at all. The City instead flags specific properties it has reason to believe may be sitting empty and contacts the owner directly, who then has thirty days to complete a declaration confirming the home's occupancy status. An owner who is contacted and lets that window pass has the property deemed vacant by default, and the tax — calculated as a percentage of the property's assessed value — follows from that deeming. The program exists to encourage homes to be lived in or rented out rather than left sitting empty in a market where housing is already scarce.

As part of the routine due diligence our team runs on every purchase file, we asked whether the City had ever contacted Adaeze about the property's occupancy. The answer that came back from Adaeze's lawyer was that it had — a vacancy inquiry had gone out roughly a year earlier, and Adaeze, already relocated and no longer checking that mailing address closely, had let the thirty-day response window pass without filing anything. Under the municipality's rules, a property that goes undeclared after being flagged is treated the same as a declared vacancy — the property is deemed empty by default, and the tax is assessed as though no one had lived there at all for the period in question.

Two further facts made the exposure real rather than theoretical. First, Adaeze had told her own lawyer, almost in passing, that the house had sat empty since she moved away — she had intended to rent it out and never got around to it. Second, because these municipal vacancy assessments are typically calculated and billed many months after the year they cover, no bill yet existed on the property's tax account. A tax certificate pulled at that point would have shown nothing owing, not because the debt did not exist, but because the municipality had not caught up to it yet.

That timing gap is what makes this kind of liability dangerous for a buyer. An unpaid municipal charge added to a property's tax account attaches to the land, not to the person who caused it. If the bill arrived after closing, the municipality would collect it from whoever held title by then — Imran and Chidi, a family who had never spent a night away from the home they were about to buy. The standard purchase agreement they had signed adjusted ordinary property taxes as of the closing date, in the usual way, but said nothing about a vacancy charge still working its way through the municipal billing cycle.

What we did

1. Quantified the exposure before raising it. Using the property's current assessed value and the municipality's published vacancy tax rate, our team calculated that a full year of deemed vacancy would produce a bill of roughly $4,700. We did this before saying a word to the other side, because a negotiation over an unquantified risk tends to drag — sellers push back on numbers they suspect are inflated, and buyers overstate them to be safe. Arriving with a defensible, formula-based figure meant there was very little room left to argue about the size of the problem, only about who should pay for it.
2. Raised the issue directly with the sellers' lawyer, in writing, before closing. We set out plainly why the missed declaration was the seller's responsibility to resolve: the vacancy occurred entirely during her ownership, and nothing in the agreement shifted that liability to the buyers by default. Waiting until after closing to raise it would have meant negotiating with a seller who no longer had any funds on the table and no reason to cooperate.
3. Pushed back when the seller initially resisted. Adaeze's first position, through her lawyer, was that she should not have to account for a tax that had not yet been billed and might never materialize in the amount we projected. Our team held firm that an admitted vacancy, under a program with a known formula, was not speculative — it was a quantifiable debt that happened to be running late, and the closing was the moment to deal with it while she still had proceeds to draw on.
4. Negotiated a price adjustment covering the full estimate, with a modest buffer. Rather than a holdback releasable months later on an uncertain final number, our team proposed reducing the purchase price by roughly $5,200 — the projected tax plus a margin to absorb any increase in the assessed value used for the final calculation. Adaeze's lawyer agreed, both sides preferring a clean number at closing over an open file that would need revisiting.
5. Flagged the risk of a follow-up inquiry for Imran and Chidi. Because the property had already drawn the City's attention once, we advised the couple that if Windsor contacted them about occupancy in their first year of ownership, they would have thirty days to respond and should do so promptly — the home would plainly show as occupied by their family from the closing date forward, but an ignored notice carries the same deemed-vacant consequence no matter who actually lives there.

The outcome

The purchase closed on schedule, with the $5,200 adjustment applied directly against the price Imran and Chidi paid. The bill itself arrived from the municipality about five months later, calculated at roughly $4,850 based on a small increase in the property's assessed value between the time of the estimate and the year-end assessment. Because the adjustment had already accounted for that kind of movement, the amount fell comfortably within the buffer built into the negotiated figure.

Imran and Chidi never saw the bill land in their names, because it never did — it was issued to the municipal tax account for the period of Adaeze's ownership and paid down using funds she had already effectively set aside through the reduced sale price. There was no shortfall to argue over after the fact, no dispute to escalate, and no month of uncertainty wondering whether a debt with someone else's name attached to it would become theirs to carry. The couple moved into their new home, with nothing further to file unless the City ever contacted them directly, and the file closed without anyone paying a cent more than the price they had negotiated going in.

The difference between this file and the ones that go wrong is timing. Had the missed declaration surfaced after closing instead of before it, Imran and Chidi would have been negotiating with a seller who had already spent her proceeds and moved on, over a debt the municipality would have been entitled to collect from them regardless of fault. Catching it during the review window, while there was still a closing to complete and money still changing hands, turned a serious risk into a routine line item on the statement of adjustments.

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