There can be no waiver with a condition precedent, but there can be a waiver with a condition subsequent is that right?
No. This is not true, although for some strange reason man agents believe that to be true. It is just a popular myth.
A True Condition Precedent requires a Notice of Fulfillment. There can be no Waiver. However, recently the Superior Court of Justice indicated that no document would be required at all.
With a Condition Precedent, either the NOF or the Waiver will do.
For a Condition Subsequent, no document at all is required.
Brian Madigan LL.B., Broker