Posted by: Nick Fundytus

Question of the week:

Do I have to let the Buyer’s contractor come in?

The buyer and I signed contract, but haven’t closed yet. Expectation is closing will be early August. He wants his contractor to come in and look around this week. Is this normal? Do I have to let him do this? 

I’m finding the whole process of moving (it’s out of necessity not choice) terribly stressful. I would really rather be left alone long as possible. Isn’t the apartment officially mine until closing? Do I have to agree to let the contractor come in?

Nick's Answer:

The answer to this question might depend upon a few things:

  • The laws in your location (state/province).

  • Whether your deal is still conditional, or whether it’s firm (conditions removed/waived/fulfilled).

I can answer you based upon what would be normal in Canada (specifically Ontario). In short, it’s not an unusual request for the Buyer to make, but as a Seller you’re generally within your rights to refuse additional visits that aren’t specified in the Agreement of Purchase and Sale.

Speak with your listing Realtor (or lawyer) and ask whether, according to the terms of the sale, whether you have to allow a contractor’s visit or not. If not, you’re clear to instruct your Realtor not to allow the visit.

On the other hand, if the Agreement of Purchase and Sale is still conditional, it may be useful in terms of goodwill to allow the visit, since you’re still relying on the Buyer to fulfill their conditions.

Source:  I’m a Realtor in Ottawa, Ontario. This type of request by Buyers is pretty common. Contact me through the contact page to have your question answered, or for any other Real Estate assistance.

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