Banking Days
Question:
If an Offer was accepted on March 28th (2024) at 11:50 pm with 10 days for status certificate delivery, when would the listing agent have to supply the status certificate?
Here’s the clause:
“This Offer is conditional upon the Seller providing the Buyer with a current Status Certificate and most current financial Statements for the above unit at the Seller’s expense, within TEN (10) banking days from acceptance of this Offer. The Buyer and their solicitor shall have THREE (3) banking days from receipt to review and to be satisfied regarding contents of such documentation; failing which this Offer shall become null and void and the deposit shall be returned to the Buyer without interest or deduction. This condition is included for the sole benefit of the Buyer and maybe waived at their option by notice in writing to the Seller or the Seller’s agent within the time period stated herein.”
April 10th? or April 11th? Do you count the 28th as one? (Easter Monday was April 1st).
Answer:
The ten days would be up on April 12th. You don’t count March 28. However you do count 1 April. It was Easter Monday and government offices were closed as well as the major banks.
The time limit would be 11:59 pm on 13 April 2024.
There is a problem with “banking days”. There’s no definition in the Bank Act. Many banking services are available 24/7, like debit and credit cards. In fact, some Bank branches are open for business on Sundays and you can arrange an appointment at your home with a mortgage broker from a Bank on a Sunday. So, are they open or are they closed?
You really should have a definition of “banking day” in your Agreement should you elect to use this term.
Brian Madigan LL.B., Broker