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Contracts & AgreementsWaiversMEDIUM

Under what circumstances can a buyer waive a home inspection condition after discovering significant defects during the inspection?

Correct Answer

B) At any time before the condition deadline, as the condition is for the buyer's sole benefit

Conditions in favor of the buyer can be waived at their sole discretion at any time before the deadline, even after discovering issues. The buyer may choose to proceed despite defects for various reasons, such as loving the property, getting a good price, or planning renovations anyway. However, the buyer's agent should ensure the client understands the implications of waiving the condition.

Answer Options
A
Never, as waiving the condition after discovering defects constitutes misrepresentation by the buyer
B
At any time before the condition deadline, as the condition is for the buyer's sole benefit
C
Only if the seller agrees to reduce the purchase price to compensate for the defects
D
Only with written approval from their real estate agent and their lawyer

Why This Is the Correct Answer

Option B correctly states that buyers can waive conditions at any time before the deadline, as conditions are inserted for their sole benefit. Under Canadian contract law and provincial real estate legislation, conditions favoring the buyer create unilateral options. The buyer has complete discretion to waive these conditions, even after discovering defects during inspection. This principle respects buyer autonomy and acknowledges that buyers may have valid reasons to proceed despite known issues, such as renovation plans or exceptional property value.

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Key Terms

condition waiverbuyer benefitunilateral optioninspection conditioncontractual autonomy
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