In an Alberta commercial purchase, the buyer's offer includes the condition 'subject to the buyer's lawyer's approval of all documentation' by a set date. Before that date, the lawyer raises environmental concerns and states in writing that the documentation is not approved. The buyer has not waived the condition. Can the buyer rely on the condition to end the agreement?
Correct Answer
D) Yes, because the required lawyer's approval was not given
The condition makes the agreement depend on the buyer's lawyer approving the documentation by the set date. The lawyer refused that approval in writing before the deadline and the buyer has not waived the condition, so the condition is not satisfied and the buyer can give notice and end the agreement. No separate environmental condition or dollar threshold is needed, because the approval condition itself was not met.
Why This Is the Correct Answer
The condition required the buyer's lawyer to approve the documentation. The lawyer refused in writing before the deadline, and the buyer did not waive the condition, so the condition was not met. The buyer can therefore give notice and end the agreement under the terms of the condition itself.
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