Potential sticky situation: delayed closing

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NilochNew Member
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Posts: 1
Joined: 13 Sep 2009

Potential sticky situation: delayed closing

Post Tue Jul 13, 2010 5:44 am

Hello,

We listed our home in Nov 09 and had an agreement to sell 5 days later for a closing in early January 2010. Based on this we scheduled our departure for the US in Mid January after the scheduled closing.

Our closing got delayed 3 weeks due to a small garage fire after we had moved out (really bad luck) and 1 day before the original closing date. We proceeded to move to the US (as our belongings were already enroute) and ended up closing while in the US (we have not been back to Canada since). A month after closing we purchased a new home here in the States.

I'm now looking back at the situation (after talking to a colleague who said he was advised to close before leaving)

Does this mean we closed/sold as non-Residents despite having an agreement for sale while still living in Canada?

Should any special paperwork have been filed upon closing (we were originally supposed to close while still in Canada so this was never thought of)?

Can I potentially nullify the situation by still declaring as a resident in 2010 (I'd really rather not).

Or can I declare non-Residency as of the date of sale of the home? No one was living in it for the 3 weeks after we left.

Or can this whole situation go away by requesting some sort of Relieve due to extreme circumstances?

Thanks for any advice
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