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Managing Same-Day Closing Date Challenges in Montreal: Strategies for a Smooth Purchase and Sale Process

Most real estate attorneys advise against closing a purchase and sale transaction on the same day. Due to the tightness of same-day closings, there is an increased chance for something to go wrong, such as delays in timing or coordination and financial ambiguity, which may create more stress and legal exposure.

Choosing bridge financing or other foreign investments can help move between properties smoothly while lowering risk levels.


This blog post discusses the issues of dual agency and offers some tricks to help avoid any issues with it.


The Risks of Same-Day Closing

Timing Issues: Closing a deal within 24 hours is dangerous due to a lack of time. A delay in any part of the process, such as paperwork, inspections, or financing approvals, can put the whole process at risk.


Coordination Problems: To coordinate the sale of one property with the purchase of another on the same day, precise timing and communication are necessary between both parties, including the real estate agents, lawyers, lenders, and movers. Any miscommunication or delay can cause complications.


Financial Risks: If an unexpected issue or failure to sell the old property prevents the buyer from securing financing for the new purchase, this may lead to legal and financial problems.


Legal Concerns: Same-day closings might involve legal complications. For example, ensuring that all required papers have been signed and appropriately delivered within the restricted time frame requires immense paperwork. Failure to meet this requirement could lead to lawsuits or postponement.


Emotional Stress: The emotional strain of closing both deals within 24 hours can be overwhelming for buyers and sellers, causing more worry and tension throughout the sale or purchase.


The Benefits of Using Bridge Financing


Substitutability: Bridge financing offers buyers the flexibility to buy a new commercial property for lease before selling the property already owned, eliminating the requirement for a simultaneous closing, and reducing timing-related risks.


Serenity: Buyers using bridge financing can worry less about money as they can rest assured that the funding will cover the new house's down payment and closing costs, allowing them to concentrate on the buying process without having to deal with two closings at once.


Ease of Change: Bridge funding makes moving from one place to another more convenient and reduces disturbances in daily life by helping buyers transition between homes.


Negotiating Power: Bridge financing gives buyers a powerful position in negotiations, as sellers may see them as more committed and financially stable buyers who do not have to sell their current home first.


Opportunity for Renovations: Buyers can use bridge financing to renovate or repair their new commercial property for lease before they sell their old property. This could drive up its resale value and attract more buyers overall.


Potential Problems of Bridge Loans


A potential disadvantage of using a bridge loan is when the person buying your property defaults. If the sale transaction does not close for one reason or another, you will have to pay the new mortgage on the new house, the old mortgage on the old house, and the bridge mortgage. Though making these payments might be painful, you can recover them in court from the defaulter. Only some deals fall apart, but understanding what may occur when there is a default will help the parties be more careful throughout the process.


If bridge financing is not available in certain circumstances and the sale and purchase transaction closes on the same day, a few tricks can help smooth the hectic process:


Firstly, speak with the buyer of your property through a business lawyer in Montreal. Ask the lawyer to determine whether the buyer has their financing arranged and which bank they use. Are they using private funds or an alternative (B) lender? Which bank does their lawyer use? Ultimately, the purchaser is equally motivated to finalize the sale; however, knowing they are ready and prepared is a significant first step.


If the sale will close sooner, arrange for the movers to come earlier so the house is empty and cleaned by the time the title transfers. Moving out while new buyers are moving in is highly stressful as personal items may get mixed up in the shuffle.

Another thing to remember is that although most buyers are sympathetic, it is still a moving day, and everyone is trying their best to leave; once ownership changes hands, then legally speaking, anything beyond that point becomes trespassing on somebody else's land.


In other words, if the transaction is not closing until later or not closing on that same day, an attorney can plan for an extension on the purchase contract or negotiate late closings.


The Significance of a Skilled Attorney for Same-Day Closings


Choosing a business lawyer in Montreal with extensive knowledge of same-day closing is essential. In most cases, if the purchaser of the property is bank-funded and financing conditions are met, the deal will close early in the day, thus providing ample time to close the purchase transaction as well. The funds will be transferred faster when both sides of the transaction bank are at the same banking institution.


A direct deposit is preferred instead of a wire. A wire can be held up and delivered within 24 hours after leaving the other lawyer's trust account, which could cause delays.

If it is impossible to avoid closing both transactions on the same day, create a reliable communication channel between you and your attorney. On this day, it is essential to be ready to receive calls and reply to emails from your lawyer and be prepared for any possible decisions regarding extension. To reduce stress when having a double transaction closing, find an attorney who will work towards achieving a smooth process. Besides providing legal counsel, such lawyers should expect possible difficulties and offer practical suggestions during the simultaneous closings.


The David Ghavitian team is well acquainted with the necessary steps to ensure all real estate transactions go smoothly. Let their team guide you through the complex real estate system. Choose skill. Choose certainty. Choose David Ghavitian.

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