Current Use or Present Use in APS



I have received mixed comments about filling in the “current use” section in the standard Form. Some say “fill it in”, others say “leave it blank, it’s the same thing”.


If the use is left blank, it’s more difficult for the Buyer to challenge it.

For example, if it looks like there was a basement apartment, and indeed, there was at one point in time, however, determined that it was illegal, then that use stopped. What exactly is the current situation?

Someone still lives there, but it’s “family”.

So the real current use is “single family”, however it looked like “multi-family”.

It would be far better for the Buyer to insert “multi-family”, rather than simply leave “current use” blank. This would clearly permit the Buyer to withdraw from the transaction.

In addition, in all likelihood, the Seller would have signed back “single-family” on a Counter-Offer, and there would never have been an Agreement in the first place.

Brian Madigan LL.B., Broker

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