A buyer's offer includes a condition for home inspection to be completed within 5 business days. On the 4th business day, the buyer's inspector finds significant structural issues but recommends getting a structural engineer's assessment, which cannot be completed before the deadline. What are the buyer's legal options?
Correct Answer
D) The buyer can request a condition extension, but the seller may refuse
Condition deadlines are firm unless both parties agree to modify them. The buyer can request an extension to complete the additional structural assessment, but the seller is not obligated to agree and may prefer to refuse and potentially accept other offers. If no extension is granted, the buyer must decide whether to waive the condition or withdraw based on the information available.
Why This Is the Correct Answer
Option D correctly reflects Canadian contract law principles where condition modifications require mutual agreement between buyer and seller. Under TRESA and provincial regulations, neither party can unilaterally change contract terms. The buyer has the right to request an extension to complete the structural engineer's assessment, but the seller maintains the right to refuse this request. This preserves contractual balance and protects both parties' legitimate interests while acknowledging the practical reality that additional time may be needed for thorough due diligence.
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