Real Estate

Can you void a condominium agreement of purchase and sale using the Status Certificate condition when nothing is wrong?

  • Last Updated:
  • Feb 16th, 2020 9:04 pm
[OP]
Newbie
Jul 31, 2018
45 posts
31 upvotes

Can you void a condominium agreement of purchase and sale using the Status Certificate condition when nothing is wrong?

Here's what the contract says:

> This offer is conditional upon the Buyer obtaining an existing status Certificate from the seller at Seller's expense within Ten[10]banking days from acceptance of this offer and this offer is conditional upon the buyer finding the aforesaid certificate to his/her satisfaction, in his/her sole discretion, within Three[3] banking days after receiving same, otherwise this offer shall become null and void and the deposit shall be returned to the Buyer without interest or deduction. This condition is included for the benefit of the Buyer and may be waived at his sole option.

Upon Status Certificate was reviewed by my lawyer, he suggested to add a few other clauses to protect me (the buyer) from some unexpected circumstances. The seller would normally have no reason to reject them provided that everything is fine with the unit. If the seller does not agree those additional clauses, what leverages do I have? Can I threaten to void the contract using the above condition? Note that my lawyer didn't find anything that is absolutely unacceptable in the status Certificate. The only findings that I can be unsatisfied are subjective ones, such as pet policy, parking spot size, etc. Btw I live in Ontario, Canada.
25 replies
Deal Addict
Nov 13, 2013
1800 posts
748 upvotes
Ottawa
It's your sole options so as a buyer you pull out because you don't like the paper it is written on. If they will agree to your clauses is a different question.
Deal Addict
Dec 21, 2010
1506 posts
768 upvotes
GTA
"Sole discretion" has you covered.
Award Winning Realtor - I LOVE MY JOB!!
At the end of the day, you're the boss and need to make sure I'm worth your rate of pay!
Deal Addict
Jan 15, 2017
2760 posts
2103 upvotes
What is your goal here? Is it to buy the condo or to cancel the purchase agreement? If it is cancel the agreement, adding more conditional clauses only complicates it even more. Are the clauses that you are wishing to add have anything to do with the pet and parking policy? The seller hasn't any influence on these at all.
Deal Addict
Oct 13, 2014
1838 posts
1128 upvotes
Just Moved To Somewh…
yughred wrote: Here's what the contract says:

> Upon Status Certificate was reviewed by my lawyer, he suggested to add a few other clauses to protect me (the buyer) from some unexpected circumstances. The seller would normally have no reason to reject them provided that everything is fine with the unit. If the seller does not agree those additional clauses, what leverages do I have? Can I threaten to void the contract using the above condition? Note that my lawyer didn't find anything that is absolutely unacceptable in the status Certificate. The only findings that I can be unsatisfied are subjective ones, such as pet policy, parking spot size, etc. Btw I live in Ontario, Canada.
You can either accept the Status Certificate as it is written or reject. The seller most likely cannot alter such subjective findings. The ones that you seem to be concerned about are set at the Board level and I doubt the seller can alter those findings or agree that you can ignore what the Board has set out.
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Clues accumulated'"
Deal Addict
Mar 27, 2004
3543 posts
985 upvotes
Toronto
yughred wrote: Here's what the contract says:

> This offer is conditional upon the Buyer obtaining an existing status Certificate from the seller at Seller's expense within Ten[10]banking days from acceptance of this offer and this offer is conditional upon the buyer finding the aforesaid certificate to his/her satisfaction, in his/her sole discretion, within Three[3] banking days after receiving same, otherwise this offer shall become null and void and the deposit shall be returned to the Buyer without interest or deduction. This condition is included for the benefit of the Buyer and may be waived at his sole option.

Upon Status Certificate was reviewed by my lawyer, he suggested to add a few other clauses to protect me (the buyer) from some unexpected circumstances. The seller would normally have no reason to reject them provided that everything is fine with the unit. If the seller does not agree those additional clauses, what leverages do I have? Can I threaten to void the contract using the above condition? Note that my lawyer didn't find anything that is absolutely unacceptable in the status Certificate. The only findings that I can be unsatisfied are subjective ones, such as pet policy, parking spot size, etc. Btw I live in Ontario, Canada.
You can walk away from deal as you have the option.
but where is your realtor to answer this basic question for you?
Full-time Realtor
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Deal Fanatic
Feb 22, 2011
6088 posts
5917 upvotes
Toronto
Yes you can it's completely subjective and at your discretion.
Deal Addict
Jul 3, 2007
1738 posts
1769 upvotes
Toronto
yughred wrote: Here's what the contract says:

> This offer is conditional upon the Buyer obtaining an existing status Certificate from the seller at Seller's expense within Ten[10]banking days from acceptance of this offer and this offer is conditional upon the buyer finding the aforesaid certificate to his/her satisfaction, in his/her sole discretion, within Three[3] banking days after receiving same, otherwise this offer shall become null and void and the deposit shall be returned to the Buyer without interest or deduction. This condition is included for the benefit of the Buyer and may be waived at his sole option.

Upon Status Certificate was reviewed by my lawyer, he suggested to add a few other clauses to protect me (the buyer) from some unexpected circumstances. The seller would normally have no reason to reject them provided that everything is fine with the unit. If the seller does not agree those additional clauses, what leverages do I have? Can I threaten to void the contract using the above condition? Note that my lawyer didn't find anything that is absolutely unacceptable in the status Certificate. The only findings that I can be unsatisfied are subjective ones, such as pet policy, parking spot size, etc. Btw I live in Ontario, Canada.
why isnt your realtor answering this question, might be time to look for a new one Neutral Face
[OP]
Newbie
Jul 31, 2018
45 posts
31 upvotes
The clauses that my lawyer wants me to add have nothing (little) to do with the findings in the status certificate. They mostly deal with matters like unauthorized alterations to the structure, functioning of appliance, or Kitec plumbing.
Newbie
Oct 14, 2019
32 posts
25 upvotes
joepipe wrote: why isnt your realtor answering this question, might be time to look for a new one Neutral Face
What good would a realtor's input be vs the real estate lawyer reviewing/drafting the contract? Am I missing something here?

OP, you should be OK but why are you not asking this question to the very lawyer who is suggesting the additional clauses?
Newbie
Oct 14, 2019
32 posts
25 upvotes
yughred wrote: The clauses that my lawyer wants me to add have nothing (little) to do with the findings in the status certificate. They mostly deal with matters like unauthorized alterations to the structure, functioning of appliance, or Kitec plumbing.
If you don't care about the additional clauses the lawyer is suggesting, then don't add them in but I would at least get any idea of your lawyer's reasoning behind those clauses.
Deal Fanatic
Feb 22, 2011
6088 posts
5917 upvotes
Toronto
yughred wrote: My realtor’s answer is no.
Your realtor is wrong, it literally says to your satisfaction at your sole discretion. No one else can determine what is satisfactory except you.
Deal Addict
User avatar
Jan 2, 2012
3401 posts
1227 upvotes
Toronto
yughred wrote: My realtor’s answer is no.
Not surprising. Voiding the deal would cause your realtor to lose out on this commission, and then have to do a bunch more work finding you a new home to buy.

Anyways as others mentioned don't ask your realtor, ask your lawyer.
Sr. Member
Jan 1, 2017
826 posts
603 upvotes
yughred wrote: The clauses that my lawyer wants me to add have nothing (little) to do with the findings in the status certificate. They mostly deal with matters like unauthorized alterations to the structure, functioning of appliance, or Kitec plumbing.
Why would the seller want to accept any risk related to Kitec plumbing? They’d flat out reject it. Do you know for a fact that the building has Kitec? Most buildings have been proactive and already replaced it if they were impacted.

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