Home Inspection Clause Revisions

Sometimes, the Buyer will attempt to use a Home Inspection clause as a right to back out of the deal.

So, it might be wise to add the following:

“Should the Buyer choose to terminate the deal on the basis of the rights contained in this clause, the Buyer shall agree to provide a copy of the home inspection, in full and without redaction, to the Seller”.

Under the common law and the new TRESA legislation, there are disclosure requirements for the Seller and the Agent.

So, in order to avoid those it might be better if the Report went to the Seller’s solicitor. Then, they can may their own decision:

“Should the Buyer choose to terminate the deal on the basis of the rights contained in this clause, the Buyer shall agree to provide a copy of the home inspection, in full and without redaction, to the Seller’s solicitor”.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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