This is the thirteenth in a series of tips on buying and selling real estate:


While you might strike a deal in principle with a buyer, loose ends-in the form of "conditions"-may have to be tidied up before the sale can be completed.

A conditional offer is one in which the sale of the property is agreed to buy both buyer and seller, subject to outstanding conditions being met by the appropriate party.

A buyer's ability to successfully obtained mortgage financing, a satisfactory home inspection or the sale of the buyer's current home within a prescribed time are all conditions which might affect the final outcome of the sale.

If the conditions are satisfied within the allotted time frame, the offer becomes " firm and binding". If not, the deal is off, and the deposit is returned to the buyer.

As the seller, don't put yourself in the position of facing a lengthy period of legal limbo.

Add an escape clause to your counter-offer - if another acceptable offer is presented while you're waiting for conditions to be met, the first buyer must either waive the condition and close the sale, or forfeit the deal.


Tip No. 1: Buy First Or Sell First?
Tip No. 2: The Advantages Of A Resale Home
Tip No. 3: The Marketing Plan
Tip No. 4: Getting Interest On Your Deposit
Tip No. 5: What Are The "Usual Adjustments"?
Tip No. 6: Insuring Your Mortgage
Tip No. 7: Home Insurance
Tip No. 8: Choosing A Lawyer
Tip No. 9: The Offer To Purchase
Tip No. 10: Home Inspections
Tip No. 11: Surveys
Tip No. 12: The Counter Offer
Tip No. 14: Why Buy A Brand New Home?
Tip No. 15: Deposits - A Vital Part Of Every Deal


Excerpted from Alan Silverstein's Forty Plus One Real Estate Tips. Mr. Silverstein is a Toronto lawyer, author and broadcaster who devotes most of his practice to residential real estate and mortgage financing issues.
This page is provided as a service to the reader.  It is not an advertisement for, nor an endorsement of, Alan Silverstein.  The views expressed are those of the author.