Waivers for Condition Precedent and Subsequent


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


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