A purchaser is buying a house where their son has lived there since 2020 but contributed nothing financially. Which statement best describes the action required during the sale in relation to the son?

• A. The son will be required to sign the sale contract to agree to give vacant possession on completion
• B. The son must vacate before completion
• C. The seller should pay the son a sum for occupancy rights
• D. The son has a perpetual right to remain until the mortgage is redeemed

Answer: (A)

The key idea is ensuring vacant possession on completion. If someone is living in the property, even without paying toward the mortgage, their occupancy can block the buyer from taking possession. To avoid this, the occupier should formally agree to surrender their occupancy as part of the sale arrangements. Having the son sign the sale contract to confirm he will give up occupancy on completion provides a binding commitment that the property will be delivered empty when the transaction completes.

Vacating before completion isn’t required by default, and paying the occupier or claiming a perpetual right to remain are not standard or correct remedies in this scenario. The practical approach is securing the son’s agreement to vacate on completion by signing the contract, so the buyer receives vacant possession.