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A seller must provide vacant possession at the time the deal closes. Whether that’s 11:00 a.m., 2:00 p.m., or 4:30 p.m.
The 6:00 p.m. clause is only the latest possible deadline to complete the transaction, not extra time for the seller to stay in the home.
What time does the seller actually have to be out of the house on closing day?
This part of the APS seems to throw people off...

Somewhere along the lines, an idea formed that a Seller has until 6:00 p.m. to vacate the house.
And I hear it all the time.
But read that clause again:
“This Agreement shall be completed by no later than 6:00 p.m.
This is an outer deadline — the latest point by which the deal must be completed.
It doesn’t give the seller a right to hang around until 6:00 p.m.
Completion happens when the buyer’s funds are received, the requisite deliveries are exchanged between the lawyers.
From that moment, ownership has legally transferred — and the APS requires the seller to deliver vacant possession (unless otherwise agreed).
That means:
- If closing happens at 11:00 a.m., the seller must be out by 11:00 a.m.
- If closing happens at 3:30 p.m., the seller must be out by 3:30 p.m.
- 6:00 p.m. is simply the latest the parties can close.
So when clients ask what time they need to be out of the house, remind your sellers that they need to be ready to hand over vacant possession as soon as the deal closes — whenever that may be during the day.
👉 In practice, majority of closings take place between 2:00–5:00 p.m.
Zachary Soccio-Marandola
Real Estate Lawyer
Direct: (647) 797-6881
Email: zachary@socciomarandola.com
Website: socciomarandola.com
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