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In BC's standard Contract of Purchase and Sale, the 'possession date' is best described as:

Correct Answer

D) The date the buyer may take occupancy, which can differ from completion

The possession date is when the buyer is entitled to move in and take physical occupancy. While it is often the day after the completion date in BC practice (to allow time for registration of title), it can be negotiated to be a different date.

Answer Options
A
The date the buyer's mortgage is approved and the financing subject is removed
B
Always the same date as the completion date by law, because title and occupancy must pass together
C
The date the listing is posted on MLS, starting the seller's move-out period
D
The date the buyer may take occupancy, which can differ from completion

Why This Is the Correct Answer

Option D is correct because the possession date is when the buyer is entitled to physically occupy the property. In BC practice, the possession date is often the day after the completion date, allowing time for the legal transfer of title and registration to occur. However, the possession date can be negotiated to be a different date, depending on the parties' circumstances.

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Key Terms

possession datecompletion datephysical occupancyContract of Purchase and Salekey release
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