Stacked Conditions

Sometimes it’s easier to have stacked conditions rather than several conditions each of which is coming due on a different day and time.

So, wrap everything into one condition and leave it at that. The deal isn’t unconditional until they are all removed anyway.

Here’s what such a Clause would like with several stacked conditions:

“This Offer is conditional upon:

  1. Inspection. the inspection of the subject property by a home inspector at the Buyer’s own expense, and the obtaining of a report satisfactory to the Buyer in the Buyer’s sole and absolute discretion.
  2. Solicitor. the approval of the terms hereof by the Buyer’s Solicitor.
  3. Mortgage. the Buyer arranging, at the Buyer’s own expense, a new first Charge/Mortgage satisfactory to the Buyer in the Buyer’s sole and absolute discretion.

Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than 8:00 p.m. on the 19th day of June, 2023, that these conditions have been fulfilled, this Offer shall become null and void and the deposit shall be returned to the Buyer in full without deduction. These conditions are included for the benefit of the Buyer and may be waived at the Buyer’s sole option by notice in writing to the Seller as aforesaid within the time period stated herein.”


If you like that approach you can include many additional conditions and really each condition only takes upon another line. Also, it eliminates a good deal of paperwork.

Brian Madigan LL.B., Broker

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