Does the contractual right to vacant possession merge with the conveyance at completion?

Does the contractual right to vacant possession merge with the conveyance at completion?

• A. Yes, it merges into the conveyance
• B. It is replaced by a statutory right
• C. It is automatically granted to the purchaser upon completion
• D. It does not merge with the conveyance and remains a contractual right to vacant possession

Answer: (D)

Vacant possession is a contractual entitlement arising from the contract for sale. The conveyance transfers the legal title, but it does not extinguish the buyer’s right to occupy the property that was promised in the contract. Therefore the right to vacant possession remains a contractual obligation that must be fulfilled at completion. If possession isn’t delivered, the buyer can pursue remedies for breach of contract (and not rely solely on the conveyance’s terms). The deed may contain covenants about title, but those do not replace the contract's promise to provide vacant possession.

Vacant possession is a contractual entitlement arising from the contract for sale. The conveyance transfers the legal title, but it does not extinguish the buyer’s right to occupy the property that was promised in the contract. Therefore the right to vacant possession remains a contractual obligation that must be fulfilled at completion. If possession isn’t delivered, the buyer can pursue remedies for breach of contract (and not rely solely on the conveyance’s terms). The deed may contain covenants about title, but those do not replace the contract's promise to provide vacant possession.