Having just bought a new property, I am surprised to find my solicitor was not familiar with the impact that an Internet connection can have on settlement day.
When you purchase a home the usual instrument is a 'sale and purchase agreement' that either your solicitor or the selling real estate agent presents to you. There is a standard agreement the REINZ uses, and this includes a requirement that on settlement day the vendor is required to render the property to the purchaser in a 'vacant possession' state - i.e. empty except for specified chattels.
The issue at hand is whether internet access is included. If the vendor has an active internet connection, I would say that if the vendor has not arranged for that connection to be relinquished on or before settlement day so that the purchaser can arrange to use that connection with their RSP of choice on or after settlement day, then the vendor has not met their 'vacant possession' obligation.
The problem here is that all RSPs that I am aware of require 30 days notice of disconnection, therefore the vendor needs to advise their RSP of termination or relocation at least 30 days prior to settlement date. If they do not do so, the internet connection cannot be used by the purchaser until the connection is relinquished. Potentially the purchaser has to go without an Internet connection for up to 30 days.
Has anyone had a problem with getting an internet connection at their new property, caused by the fact that the existing connection is still owned by the vendor after settlement day?

