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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96405
Experience:  Lawyer
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I signed a sale contract house is there any way to

Customer Question

I signed a sale contract for my house is there any way to get out of this contract a few things have happened I have just lost my job, but insurance will pay my mortgage for a year so better not to sell then not be able to pay rent on one of the subject removals it states "it's a fundamental term of the contract that my tenant must be out 2 mths earlier than when her fixed contract ends I cannot meet this as she is in a fixed term can I get out of this deal
Submitted: 7 months ago.
Category: Canada Law
Customer: replied 7 months ago.
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Expert:  Legal Ease replied 7 months ago.
What province is this please?Did you know that the tenant was on a fixed term lease and you could not get her out earlier when you accepted the offer?And if so did he purchaser know this too?
Customer: replied 7 months ago.
Yes we knew but could not get her to agree after sales contract signed they knew she was in fixed term we live in British Columbia
Expert:  Legal Ease replied 7 months ago.
There is no way for you to get out of the contract if they don't allow you to do so. And they can sue you if you fail to go through with the closing or if you fail to provide vacant possession. But if you prove to them that you cannot get the tenant out early they may agree to walk away but will likely have some price. If they don't agree to walk away you have to take all steps possible to get that tenant out and to go through the closing as you could be facing a major lawsuit unfortunately. Your only strong point here is that they knew she was on a a fixed term lease so they may not have a case for damages if she is still there when they get the house. But this is no way relieves you of your obligations unfortunately.

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