GTA Law Blog

Serving Toronto, Mississauga, and the GTA

Real Estate Law

Issues After Closing

by  Devesh Gupta

“I just bought a house, and the seller has left a mess!”
A clause in the agreement that requires the Seller to leave the house in a broom swept condition means This is the most common complaint we hear. A buyer, having just completed one of the most important purchases of their life, picks up the key from our office, is super excited, and goes to the house only to find dirt everywhere, holes in the walls, or broken appliances!
What can they do?

To see if the purchaser has any rights in this circumstance, we have to look to the Agreement of purchase and sale.

 

Broom Swept Condition
A clause in the agreement that requires the Seller to leave the house in a broom swept condition means that the Seller will now have to pay for the cleanup of all the dirt in the house.
If this clause is there, we can write to the Seller’s lawyer and ask the Seller to send in a cleanup crew immediately. However, this may mean that the Purchaser has to wait for some time (typically a day or two) for the Seller’s cleaners to arrive and take care of the mess. Alternatively, the Purchaser can hire their own cleanup crew, and send the invoice to the Seller for reimbursement.
The delays caused by the cleanup become the responsibility of the Seller.
While the responsibility is with the Seller, it is often difficult for the Purchaser to get compensation for the delays and the cleanup costs. At Prudent Law, we can use our litigation experience to assist our clients with recovery of these costs and to resolve this issue in a friendly and co-operative manner.

 

Patent Defects
Holes in the walls are generally considered Patent Defects: defects that could have been discovered through an inspection of the property. As such, if you get an inspection done, it is important to list all such minor issues as the Seller’s responsibility when waiving the inspection condition.
If the Agreement makes such repairs the responsibility of the Seller, we can pursue the Seller for the costs associated with the repairs.

 

Broken Appliances
Most Agreements of Purchase and Sale provide for all appliances in the property to be in “good working order” at the time of closing. This means minor scratches and dents are permitted, but the appliances should be working and fulfilling their purpose.
If your Agreement does not have such a clause, your rights and options are much more limited. You will likely have to accept the appliances in the state that they are in.
It is important for Purchasers to understand what their agreement allows for and to set their expectations accordingly.
At Prudent Law, we can assist with such issues and help our clients understand their rights and obligations under their Agreement.

For more information, please contact Prudent Law at (905) 361-9789

 

A Cautionary Note
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.


latest posts


  • Real Estate Law
    When Good Deals Go Bad
    An Overview of Failing to Close Residential Real Estate Transactions   In a problem-free real estate transaction, keys and funds are exchan...
  • Corporate Law
    Guide to Buying a Business
    Purchasing a business can be an intimidating process. Whether you are taking the plunge for the first time, or are an experienced entrepreneur, the in...
  • Real Estate Law
    7 Signs That You Need to Change your Real Estate Lawyer
    When you have a real estate business or you are planning to buy a property, you will definitely need a real estate lawyer. But how do you know when it...

Devesh Gupta. Founding Partner

We make hiring a law firm effortless!

Contact Us Today for a no obligation, 100% FREE consult.
LET'S CHAT

More Articles

Stay up-to-date with advice, information and more on our blog!