Question:
Can anything be done if a Seller and their agent refuses to clean a unit before closing?
Answer:
Certainly, it would be very nice if the Seller cleaned up properly before closing. Some do, and some don’t. It doesn’t seem to matter if there is a “broomswept” provision contained in the Agreement of Purchase and Sale.
There is a major risk with a holdback. You run the risk of defaulting on the deal and responsible for hundreds of thousands in damages. For what? Something that a cleaner could attend to in a few hours!
The expected remedy, if you are not happy is to
- close,
- document your costs and
- sue for damages in Small Claims Court.
Brian Madigan LL.B., Broker