Can I request early possession?

Can I request early possession?

Want to move in before the keys are officially handed over? Here’s how to get early possession in Milton, ON — fast and without drama.

Quick answer: Yes — but there are strict rules

You can request early possession in Milton. It’s not automatic. Sellers can say no. Lawyers, lenders, and timing matter. You need a written agreement, clear terms, and the right people on your side. Get this wrong and you assume risk. Do it right and you move on your schedule.

What early possession actually means

Early possession (also called early occupancy) is when the buyer moves into the property before the official closing date or legal possession date. In Ontario, possession normally happens once title transfers at closing. Early possession shifts that timeline: the buyer occupies the home while title is still legally with the seller.

That sounds simple. It’s not. Early possession changes liabilities, insurance, risk allocation, and the legal relationship between buyer and seller.

Why buyers ask for early possession

• Move timing: alignment with work, school, or lease end dates.
• Cost savings: avoid double rents or storage fees.
• Renovations: start small upgrades before full ownership.

Sellers sometimes agree because it smooths the sale, helps logistics, and makes their move easier. But they’re cautious.

The Milton, Ontario reality: what local factors matter

• Closing timelines: lenders and lawyers set the schedule. If funds or title searches delay closing, early possession complicates things.
• Seasonal moves: Spring and summer spikes in Milton mean demand for early possession rises.
• Local pricing and competition: in hot markets, sellers may leverage early possession requests to negotiate better terms.

Local rules are the same across Ontario, but real-world behavior varies by town, lawyer, and lender. In Milton, you’ll find pragmatic sellers and experienced lawyers who understand the risks and paperwork.

Step-by-step: How to request early possession and get it approved

1. Add a clear clause to the Agreement of Purchase and Sale (APS).

• Specify exact dates and times for possession.
• State the daily occupancy fee (if any) and who pays utilities.

1. Get lawyer sign-off early.

• Lawyers must agree because title isn’t transferred yet. They’ll advise on escrow, indemnities, and insurance.

1. Arrange lender approval.

• Banks sometimes require that title transfer before occupancy. Confirm with the buyer’s lender.

1. Agree on insurance and liability.

• Buyer must have homeowner insurance effective from the occupancy date.
• Specify who covers damage, property maintenance, and repairs while the seller still holds title.

1. Document utilities and damages.

• Walk through the property and sign a condition report. Take photos and timestamp them.

1. Consider an occupancy fee or rent-back.

• If buyer moves in early, seller may charge a daily fee to cover risk and inconvenience.

1. Use escrow where needed.

• Funds or documents may be held by lawyers until final closing to protect both parties.

1. Get signatures and keep copies.

• Paper trail prevents misunderstandings.

What to include in the early possession clause (sample items)

• Start and end date/time for early possession.
• Daily occupancy fee, if any.
• Insurance obligations (who insures what, when).
• Responsibility for utility accounts and adjustments.
• Agreement on maintenance, damage, and repairs.
• Indemnity language protecting the seller while title remains with them.
• Clarification that possession does not equal title transfer.

Your lawyer will draft or review the clause. Don’t rely on informal promises.

Risks and who bears them

• Liability: buyer occupies but seller still owns title. If someone is injured, the legal position is messy. The clause must say who bears liability.
• Damage: buyer could be responsible for damage caused during early occupancy.
• Insurance gaps: homeowner policies may not cover early occupancy unless arranged.
• Mortgage and lender rules: lenders may refuse early occupancy or demand higher rates.

Risk allocation is negotiable. When both sides accept clear terms, early possession can be safe.

Common scenarios and recommended approaches

• Buyer needs to move due to lease expiry: Ask for a short early possession window, include a daily fee, confirm insurance and utilities, and get the seller’s lawyer in writing.

• Seller needs to remain after closing (seller rent-back): This is the reverse — seller stays after closing. Document dates, rent, and liabilities. Lawyers handle title transfer first, then occupancy.

• Renovations before closing: Include explicit permission for access, work hours, contractors’ insurance, and security deposits for damages.

The role of lawyers and title companies in Milton

Milton lawyers follow Ontario law. Their main job: protect clients and reduce exposure. Expect them to:

• Review or prepare the early possession clause.
• Confirm lender approval and any holds on funds.
• Ensure the purchase funds and adjustments are handled correctly.
• Arrange escrow or holdbacks if necessary.

If lawyers push back, don’t see it as obstruction. They’re preventing costly legal fights after possession.

What your real estate agent should do for you

A competent Milton agent will:

• Draft a clear clause and negotiate terms.
• Coordinate between buyer, seller, lenders, and lawyers.
• Advise on occupancy fees and practical logistics.
• Ensure condition reports and photos are completed.

If your agent isn’t doing this, find one who will. Early possession is detail-heavy. Poor handling means expensive mistakes.

Practical checklist before moving in early

• Signed early possession agreement in the APS.
• Written confirmation from both lawyers.
• Written confirmation from lender or mortgage broker.
• Insurance effective on occupancy date.
• Condition report with photos signed by both parties.
• Utilities transferred or explicitly assigned.
• Plan for keys and access documented.

No checklist item skipped.

Real example (simplified): How it plays out in Milton

Buyer A wants to move in May 1. Closing is May 10. Buyer asks for May 1–10 occupancy. The APS includes:

• May 1 start; May 10 end.
• $150/day occupancy fee.
• Buyer’s insurance takes effect May 1.
• Buyer indemnifies seller for any damage or injury during that time.
• Seller’s lawyer confirms funds will be ready at closing.

Both lawyers sign off. Buyer pays occupancy fees and moves. On May 10, title transfers. No surprises.

Cost considerations: Who pays what?

• Occupancy fee: negotiable. Market, seller leverage, and timing affect amount.
• Utilities: often paid by the occupant (buyer) from occupancy date.
• Insurance: buyer pays for homeowner insurance effective the occupancy date.

Expect to pay a premium for early moves. That’s the trade-off for convenience.

How to handle disputes

• Use the written clause. It’s binding.
• Lawyers can mediate or escalate to small claims or court if necessary.
• Avoid informal verbal agreements — they rarely protect you.

Why working with a Milton expert matters

Local knowledge matters. Timing, typical buyer/seller expectations, and local lawyers’ preferences differ. An expert negotiates terms that actually work in Milton — not a generic clause copied from online.

Tony Sousa is a Milton realtor with deep experience in closing and moving logistics. He knows which lawyers move fast, which lenders cause delays, and what sellers in Milton will accept. Contact Tony to get early possession handled cleanly: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca

Call to action

If you need early possession in Milton, act now. The right clause and the right lawyer win deals. Call Tony for a check-list, clause templates, and negotiation support. Moving early is possible — do it the right way.

FAQ — Early possession, closing, and moving in Milton, Ontario

Q: Can I move in before closing in Milton?

A: Yes, if the seller agrees and the Agreement of Purchase and Sale includes early possession terms. Lawyers and lenders must also sign off.

Q: Is early possession common in Milton?

A: It happens regularly, especially when buyers need to align move dates with leases or school terms. But it requires careful paperwork.

Q: Who is liable if someone is injured during early possession?

A: Liability depends on the early possession clause. Typically, the occupying party (buyer) assumes liability, and insurance must be in place.

Q: Will my lender allow early possession?

A: Some lenders allow it with conditions. Others don’t. Always confirm with your mortgage lender early in the process.

Q: Do I pay the mortgage before title transfers?

A: No. The mortgage and title transfer usually happen at closing. However, the buyer may pay an occupancy fee or daily amount while occupying early.

Q: What if the seller refuses to grant early possession?

A: You can negotiate incentives like an occupancy fee or earlier possession offer, but the seller can refuse. Consider alternative moving arrangements.

Q: Should I get a condition report?

A: Yes. Document property condition with photos and signed reports to avoid disputes over damage.

Q: Can the seller come back to the home during early possession?

A: Only if agreed in writing. The early possession clause should specify access and privacy terms.

Q: What if closing is delayed while I’m occupying?

A: Your early possession agreement should cover extensions, additional fees, and who pays for unexpected delays.

Q: How do I protect myself as a buyer seeking early possession?

A: Get everything in writing. Confirm insurance, lender approval, lawyer sign-off, and a condition report. Work with a Milton agent who knows the local process.

Contact for help: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca