Ten Days: When’s it Due?

Question:

If an Offer was accepted on March 28th (2024) at 11:50pm 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) business days from acceptance of this Offer. The Buyer and their solicitor shall have THREE (3)business 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. You also don’t count 1 April. It was Easter Monday and government offices were closed but it was still a business day, unless you included another clause somewhere which said that it was not a business day.

The time limit would be 11:59 pm on 12 April 2024.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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