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ARTICLE · 31 JANUARY 2023

Seller Allowed To Re-schedule Tarion Closing Date Following "unavoidable Delay"

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New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other matters.

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other matters. Historically, the Tarion Warranty Corporation was the administrative authority responsible for the warranty program and licensing home builders in Ontario. As of February 1, 2021, the role was transitioned to The Home Construction Regulatory Authority.

In cases where a new home warranty is provided, the Agreement of Purchase and Sale (APS) will generally include a detailed addendum of the matters relating to the warranty and include a series of critical dates for the completion of construction and sale of the property to a buyer. These terms form part of the APS and are subject to the same principles of contractual interpretation to determine whether there has been any breach thereof. As the closing date may be subject to change, buyers should be ready with financing in place once a new date is set.

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