Real estate agent: It cannot be certain that the notification to a real estate agent is effective if a condition is removed after the signing of the purchase and sale contract. If the parties want their representatives to have the authority to do so, it must be made clear. McKee J.A. reviewed the case law on this issue and found that an agent`s power to obtain notification may arise from an explicit contract or from conduct or authority that a third party reasonably believes is invested in the broker, but the results of the cases depend on the actual facts. On the other hand, the waiver does not have the same effect or the same result as the execution communication. A waiver is defined in Duhaime`s legal dictionary as “intentional waiver or renouncement of a known right or privilege.” In its most basic form, it is said with the exception: “I have renounced my right to null and void the agreement because that particular condition is not met.” As a seller, you should be careful about the wording of your terms. It is important not to allow waiver declarations of certain conditions. Sometimes you also have the option of waiving a condition rather than fulfilling it. To do so, sign a waiver statement. In McKee, there was a provision in Schedule “A” relating to the sale and sale agreement, which stated that “the buyer must inform the seller in writing” that the duty of care is being met, that the contract is null and void and not entitled.
The “A” provision also specifies that the purchaser “may waive the condition by a written notification that will be served on the seller within the specified time.” The pre-printed part of the agreement contained a general termination clause, which allowed the notification to be returned to the address of the seller indicated in the agreement or faxed to the seller, and also identified the “broker listing” and the “cooperative broker” as intermediaries of the seller or buyer for termination purposes, although the court found that these conditions had not been properly used in the documents, noting that a single company for both parties of the brokerage agents. The withdrawal of a condition with a waiver makes the opposite of the compliance notification: It states that the seller/buyer has decided that they do not have to have this condition and that they are prepared to go ahead without taking this step. If you give the buyer as a seller the opportunity to waive this condition, you could lose your sale! The buyer could waive the condition and fails to arrange a mortgage, then you come on the day of conclusion, they could walk away from the agreement and claim their deposit in return! The waiver form allows the buyer to waive the condition (in turn stressing that the right to waive must be part of the original condition) and to conclude the contract without reference to compliance with the condition. Note that the waiver must be signed by the party seeking the benefit of the exemption and must be received by the other party and generally recognized, as the exercise of the waiver results in the conclusion of a binding purchase and sale agreement. If a condition does not affect you significantly as a seller, it is advisable to admit a waiver, as this increases the likelihood of closing the deal. Sometimes, in order to avoid relief fees, the seller will ask the buyer to take out an existing mortgage, and this will be added to the agreement as a condition. The Court of Appeal contradicted the buyer`s argument that the role of the real estate company`s dual agency made it possible to fulfil the actual supply of the communication by the purchaser who delivered it to his own broker.