When is a Sale and Purchase Agreement really unconditional?

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Many people think that if there are no special conditions in their Sale and Purchase Agreement, then their agreement is unconditional, but this is not the case.

In the fine print of the standard ADLS/REINZ Sale and Purchase Agreement there is a condition that gives purchasers 10 days from the date of signing the agreement to give notice to the vendor of any title requisition. Until this requisition period has passed, the agreement is not unconditional.

What is a title requisition?

A title requisition is a request by the purchaser for the vendor to remove from the certificate of title (before the purchase is completed) an easement or encumbrance or some other restriction on the title, which the purchaser was unaware of when the agreement was signed. There are restrictions as to what you can requisition. Not all notations on a title are requisitionable. A purchaser cannot rely on this clause to get out of the agreement if they simply change their mind.

There are also provisions in the Sale and Purchase Agreement that apply to requisitioning of cross lease and unit titles. In particular any alterations to the external dimensions of the flat that are not on the flats plan are requisitionable, as are any alterations to a unit that are not shown on the unit plan.

Before relying on your agreement to enter in to another transaction always make sure the title requisition clause has expired.

Our thanks to Vanessa Crosby for writing this article