Which action is appropriate to address concerns about adult occupier Jessica in the property transaction?

Which action is appropriate to address concerns about adult occupier Jessica in the property transaction?

• A. Do nothing
• B. Require Jessica to sign an occupancy release after completion
• C. Have Jessica sign the occupier's clause / Special Condition 7
• D. Remove Jessica before completion

Answer: (D)

Vacant possession is required on completion, and a property cannot be transferred free of the occupier's rights if an adult occupier is living there who is not a party to the contract. Removing the occupier before completion ensures the buyer takes title to an empty property, eliminating the risk that Jessica refuses to leave or that an occupancy release or Special Condition 7 cannot be secured in time or enforced. Requiring an occupancy release after completion or relying on a clause that requires her signature introduces uncertainty and potential delay, and doing nothing would leave the purchaser with an occupied property against the terms of completion. Therefore, removing the occupier before completion provides certainty and protects the buyer’s right to vacant possession.

Vacant possession is required on completion, and a property cannot be transferred free of the occupier's rights if an adult occupier is living there who is not a party to the contract. Removing the occupier before completion ensures the buyer takes title to an empty property, eliminating the risk that Jessica refuses to leave or that an occupancy release or Special Condition 7 cannot be secured in time or enforced. Requiring an occupancy release after completion or relying on a clause that requires her signature introduces uncertainty and potential delay, and doing nothing would leave the purchaser with an occupied property against the terms of completion. Therefore, removing the occupier before completion provides certainty and protects the buyer’s right to vacant possession.