Replacing the Topsoil and Sod

There are many time when a specialized clause is required for certain circumstances.

Here’s one drafted by Fabio Ferri which perfectly suits the issues addressed:

“We sometimes find ourselves in unique situations where our OREA standard clause library won’t have a clause that fits the circumstance.

In this situation, some will approach their broker for advice or guidance in drafting a custom clause. Others will tackle it on their own.

If you are going to draft your own rules, you have to include a “What If” clause. In real estate this clause begins with ” In the event that….”

” The seller agrees to supply and install new topsoil and sod, at the seller’s sole expense, where the trampoline and above ground pool were standing. The seller shall install the top soil and sod in a manner which aligns with the existing lot grading and said sod shall be watered by the seller, as required. In the event that said sod has not been installed by 11:59 pm on or before the 5th day prior to closing, or the sod has been installed but not watered as required and as a result needs to be replaced again, the seller agrees to a $5,000.00 rebate on the purchase price as an adjustment in favour of the buyer on closing”


You will notice that the clause addressed the problem of topsoil and sod. It dealt with the issues of performance as well as the times limits and consequences of failure to comply. That’s all you need.

Brian Madigan LL.B., Broker

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