Can I include conditions in the sale that protect me?
Can I add sale conditions to protect myself at closing? Short answer: Yes — and here’s how to make them work.
Why conditions matter in the closing process
The Closing Process moves fast. In Georgetown, ON, buyers and sellers often face tight timelines and quick decisions. Conditions give you a legal out if key things go wrong. Use them to avoid financing collapses, uncovered defects, or mismatched closing dates.
Common conditions that protect you
- Financing condition: “Subject to mortgage approval on terms acceptable to the buyer by [date].” Prevents you from being locked in without funding.
- Home inspection condition: Requires a satisfactory inspection or seller repairs or an exit.
- Title and legal review: Allows your lawyer to confirm clean title, no liens, and valid permits.
- Sale-of-other-property condition: Protects buyers who must sell a current home first.
- Insurance and occupancy conditions: Ensure you can get insurance and confirm the final move-in date.
Each condition affects the Closing Process timeline. Be clear on timelines and what “satisfactory” means.
How to add conditions the right way
- Use the correct form: In Ontario, conditions go into the Agreement of Purchase and Sale. Draft them clearly and set firm deadlines.
- Set realistic timeframes: Give yourself enough days to complete inspections, financing, and lawyer review. Five to ten business days is common, but adjust to your situation.
- Define standards: Say “satisfactory to the buyer” and list specific dealbreakers (major structural issues, mold, unpermitted additions).
- Know the removal process: Conditions must be waived or removed in writing by the buyer. If you don’t remove them, the offer fails and the deposit is returned.
- Consult your lawyer: Some risks need legal wording. Title issues, restrictive covenants, and complex financing warrant legal review.
Local insight: Georgetown, ON advantage
Georgetown’s market moves. Sellers get multiple offers sometimes; buyers need clean, enforceable conditions to avoid overpaying or losing leverage. I’ve handled dozens of closings here and know which conditions get accepted and which scare sellers. Proper timing and clear language keep the Closing Process smooth and credible in negotiation.
Practical sample clause
“This offer is conditional upon the Buyer obtaining financing on terms satisfactory to the Buyer by 5:00 p.m. on [date]. If the Buyer cannot obtain such financing, the Buyer may terminate this Agreement and receive a full refund of deposit.” Use this as a template and tweak with your agent and lawyer.
Final steps — act now
Conditions protect you, but poorly written ones stop deals. Work with a local expert who knows Georgetown closing norms. I handle clause drafting, timelines, and lawyer coordination so your Closing Process closes cleanly.
Contact an experienced Georgetown realtor for specific wording and negotiation: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
