(Ontario)
Question:
If it’s not mentioned in the Agreement of Purchases and Sale, May the Buyer see the property before closing?
Answer:
Whether stated or not stated, the Buyer has a common law right of inspection before closing. This is to determine whether or not there are any differences in the condition of the property between the date of the agreement and the date of closing.
This final inspection doesn’t include friends, relatives, family members etc. It is simply for the actual “purchaser” specified in the agreement. No appraisers, no lenders, no one measuring for drapes, no one estimating the cost to renovate the kitchen. All of those could be specified in the APS if you want.
So, best practice is to specify at least two additional attendances, including the purpose and who can attend. In addition, there should also have been two earlier attendances which specified the home inspector and the appraiser.
Generally, it is accepted by most lawyers and Sellers, however, with the few that may have a different view it would be best to have it clearly specified in the Agreement.
Brian Madigan LL.B., Broker