Is there a specific order for the clauses in Schedule A to appear.
The usual order would be:
Seller Take Back Mortgage
Delivery of survey etc.
Of course, having said that, any other order still works and it’s legally enforceable.
Brian Madigan LL.B., Broker
Thanks Brian for this. What is the legal standing between Conditions and Terms. Conditions are fundamental breach and terms can be remedied is that right
Not all conditions are fundamental.
With a Condition, the Buyer has the right to elect to proceed or to terminate the transaction.
There are also terms which could very well be fundamental, however, most of the time, the remedy is damages, or an abatement.
Yes, that’s true, subject to some limited exceptions.