A commercial property purchase agreement includes a condition for environmental site assessment. The buyer's environmental consultant discovers soil contamination but the buyer decides to proceed anyway. To complete the purchase, the buyer must:
Correct Answer
C) Waive the environmental condition in writing before the deadline
Even if the environmental assessment reveals issues, the buyer can still choose to proceed with the purchase by waiving the environmental condition in writing before the deadline. The condition exists for the buyer's benefit, and they have the right to waive it regardless of what the assessment reveals, though this would not be advisable without proper legal counsel.
Why This Is the Correct Answer
Option C is correct because environmental conditions in purchase agreements are inserted for the buyer's protection and benefit. Under contract law principles applied across Canadian provinces, a buyer has the absolute right to waive any condition that exists for their benefit, regardless of the assessment results. The condition doesn't require the buyer to act on negative findings - it simply provides them the option to withdraw. By waiving the condition in writing before the deadline, the buyer voluntarily assumes the risk and proceeds with full knowledge of the contamination.
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