Possession date can be varied by the vendor


If the possession date can be varied in any way, where it says “Possession Date” on the front of the agreement write “Refer Condition nn" (whatever your next condition will be)”


Note: Please never, ever, ever write "or earlier," “or earlier by mutual agreement” or “or sooner” or anything similar.   This can cause significant problems for you.  Anything in an agrreement can be changed if both parties agree, even the price.  By including such weak comments you leave yourself open to one of the parties claiming the words had a different meaning.   It has happened before.  It will happen again.  It is bad agency practice.


The clause must say by whom, how and when.   The words "or earlier" (in the example below) are optional.  For example:


“The Possession date shall be (date) or earlier at the option of the Vendor by the giving of seven days notice in writing to the vendor."


Sometimes vendors want something in the agreement but the above clause is not possible because the purchasers will not commit to an earlier possession date.  In that event they may be appeased by the following:


"The parties acknowledge that the Vendor would like an earlier possession date.  The Purchasers warrant that if they are able to bring the date forward they will do so by advising the Vendor of possible dates.   Any date change will have to be subject to negotiation between the parties." 


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