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Contracts & AgreementsConditions_and_waiversMEDIUM

A buyer submits an offer with a condition for financing approval by 5:00 PM on Friday, March 15th. The buyer's mortgage is approved on Thursday, March 14th. What should the buyer do to proceed with the purchase?

Correct Answer

B) Deliver written notice of fulfillment before the deadline

A condition does not remove itself: the buyer must tell the seller in writing, before the deadline, that the financing condition has been fulfilled. In Ontario practice this is done with a notice of fulfillment of the condition; a waiver is used instead when the buyer gives up a condition that has not been met. Once written notice is delivered in time, the agreement becomes firm.

Answer Options
A
Nothing, since the condition is automatically satisfied once approved
B
Deliver written notice of fulfillment before the deadline
C
Wait until after the condition deadline to confirm satisfaction
D
Request an extension of the condition deadline from the seller

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Key Terms

notice of fulfillmentfinancing conditionwaivercondition deadlinefirm agreement
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