When does the seller have to turn over the keys if the seller remains in possession after closing?

QUESTION: I remember some previous guidance that said the seller only has to turn over keys to the property once their right to possession ends under The Seller Possession After Closing Agreement (Form 2A8-T). Is this guidance still applicable given the recent revisions made to this form?

ANSWER: No. Paragraph 13 in Offer to Purchase and Contract (Form 2-T) still provides that the seller must deliver “possession” of the property to the buyer at closing unless one of the following applies: (1) a Buyer Possession Before Closing Agreement (Form 2A7-T) is attached; (2) a Seller Possession After Closing Agreement is attached; or (3) the property is currently in possession of a tenant. “Possession” in paragraph 13 of Form 2-T requires giving the buyer “all means of access to the Property (keys, codes including security codes, garage door openers, electronic devices, etc.).”

In revised Form 2A8-T, a new section to paragraph 1 was added which provides that the buyer has the right to access the property in the case of an emergency, and that the seller must provide an entry key to the property at Closing. The seller may retain other means of access to the property until the end of their right of possession under paragraph 1, at which point they must turn over all access to the buyer. It should be noted that the buyer’s right to enter in the case of an emergency is a very limited right of access, and it differs substantially from the landlord’s broad right of access that is permitted in the Residential Rental Contract (Form 410-T).

Form 2A8-T still states that the seller “may remain in possession of the Property for a period of _______________ days after the Closing,” and time remains of the essence with respect to the end of the term and seller’s right to possession.

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