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Resolving "Subject to" Clauses

Almost every offer will have one or more subject clauses.  Typically you will have 5-10 days to satisfy yourself and remove or waive these “subject to” clauses.  The ones noted below are the most common ones.  I will discuss these in  detail with you at the time the contract of purchase and sale is prepared.  

  • Title search

       Together we will review the title search and any charges that will remain with the

       title. These would include:  easements, right of ways, building schemes, mineral      

       rights, etc. Anything that isn't easily understood I recommend that you get your

       Lawyer to review.

  • Property Disclosure Statement

       Together we will look for obvious deficiencies disclosed about the property.

       If needed we may ask the Seller for further information and clarification.

  • Mortgage Approval (if applicable)

       I will send all appropriate documents to your lending institution or mortgage

       broker and will work closely with them until you are fully approved and have 

       received approval confirmation in writing.

  • Property Inspection

       In the case of a house or other building, I recommend that you hire a professional

       building inspector to give you objective advice as to any current of potential problems

       with the property. Any major problems may be cause to negotiate the contract.    

  • Survey Certificate

       If you are mortgaging your property, the lender usually requires a survey certificate. In

       many cases the Seller may have one and we will ask for this in the Contract of Purchase

       and Sale. If not, it can be obtained from one of the local BC Land Surveyors at an      

       approximate cost of $300. Alternatively, your lawyer may recommend title insurance

       which is slightly cheaper.

  • Water Quality & Quantity (if applicable)

       If the property is on a well, we would ask for a well log, and any water quality tests  

       that have been done. You may want to do your own pump test and take a water sample

       to a quality control lab.  

      

  • Septic Tank and Distribution System (if applicable)   

       You may want to have this checked as well as having the Seller pump the tank and

       prove that the system is working.

 



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