If you delete your conditions using an amendment and the seller doesn’t accept, what happens?

If you delete your conditions using an amendment and the seller doesn’t accept, does the amendment constitute notice to firm up your deal?

Interesting Case:

Fenyes et al. v. Nellipudi et al., 2021 ONSC 3913

Summary:

A conditional agreement was entered into.

The buyers and sellers were going back and forth about some changes to the agreement which were allegedly agreed to orally.

Subsequently, an amendment was created to delete the conditions which also purported to amend the provisions of the agreement.

The sellers did not sign the amendment and subsequently resold the property to another purchaser.

Buyer 1 argues that deletion of the conditions in the amendment was notice to the seller that the transaction was being firmed up.

Conclusion:

Failing to remove the conditions on time rendered the agreement null and void.

Read full case here:

https://www.canlii.org/en/on/onsc/doc/2021/2021onsc3913/2021onsc3913.html?resultIndex=1

Ricky Rathore, BComm., LL.B(hons), ABR, SRS, FRI, CBW

Real Estate Lawyer - Rathore Baig Professional Corporation

Broker/Owner - RE/MAX Metropolis Realty

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