What happens to your deposit if you cannot close?
Typically, an offer to purchase a property comes with a contractual promise to pay a deposit upon the seller's acceptance of the offer. In Ottawa, the average deposit for a resale residential home is generally between one to two percent of the purchase price. I often advise sellers to aim for as large a deposit as possible. A higher deposit provides some protection in case a deal falls through due to no fault of the seller.
What is a Holdover Period? Are You Required to Pay Real Estate Agent Commissions After the Listing Agreement Expires?
It’s not uncommon for a listing agreement between a real estate agent and a seller to include a “holdover period” clause. This clause states that the seller may still be liable to pay the agent’s commission if the property sells within a specified number of days after the listing agreement has expired, as long as the buyer was introduced to or saw the property during the listing period. This protects agents who have invested time and effort, ensuring they are compensated if a buyer makes an offer soon after the agreement expires.
Fixtures vs. Chattels: When in Doubt, Spell It Out
It's not uncommon for purchasers to assume that certain items they see in a home will remain with the property after closing, only to discover after taking possession that those items are missing. Disputes between the vendor and purchaser can arise, leading to stress and complications for all parties involved. This issue often stems from the agreement of purchase and sale and how the "fixtures" and "chattels" clauses are handled.