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A seller accepts an offer conditional on the sale of the buyer's existing home within 60 days, with a 72-hour clause. Three weeks later, the seller receives a better offer. What rights does the seller have under the 72-hour clause?

Correct Answer

C) Must give the first buyer 72 hours to waive or the agreement is void

The 72-hour clause allows the seller to give the first buyer notice that they have 72 hours to waive their condition (sale of existing home) or the agreement will become void. This gives the seller the ability to accept other offers while still honoring the original conditional agreement.

Answer Options
A
Can immediately accept the new offer and void the first agreement while it is still conditional
B
Must wait for the 60-day period to expire before considering new offers, since the agreement is binding
C
Must give the first buyer 72 hours to waive or the agreement is void
D
Can negotiate with both buyers simultaneously and choose whichever offer is better for the seller

Why This Is the Correct Answer

Option C correctly describes the 72-hour clause mechanism under Canadian real estate law. When a seller receives a competing offer, they can serve notice to the conditional buyer requiring them to waive their condition within 72 hours or the agreement becomes void. This process is mandated by provincial real estate legislation and standard form agreements. The seller cannot simply void the agreement unilaterally but must follow the proper notice procedure, giving the original buyer the opportunity to remove their condition and proceed with a firm sale. This balanced approach protects both parties' rights while allowing market dynamics to function effectively.

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Key Terms

72-hour clauseconditional offercompeting offerwaive conditionvoid agreement
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