June 6th - 2003

New home insurance clause

In the May issue of the EDGE, we featured an article about insurance that suggested that if there is any doubt about the house's insurability to include a condition regarding the buyer being able to obtain home insurance.

In the May issue of the EDGE, we featured an article about insurance that suggested that if there is any doubt about the house's insurability to include a condition regarding the buyer being able to obtain home insurance. OREA's Forms Committee has recently created and approved a clause for use in this situation. It reads:

“This offer is conditional on the Buyer obtaining insurance for the property satisfactory to the Buyer in the Buyer’s sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller not later than ______p.m. on the _______day of _______, 20____, that this condition is fulfilled, this offer shall be null and void and the deposit shall be returned to the Buyer in full without deduction. The Seller agrees to co-operate in providing access to the property, if necessary, for any inspection of the property required for the fulfillment of this condition. This condition is included for the benefit of the Buyer and may be waived at the Buyer’s sole option by notice in writing to the Seller within the time period stated herein. “

NOTE: Due to the nature of this clause, a short time frame should be chosen for this condition.

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For more information contact

Ontario Real Estate Association

Jean-Adrien Delicano

Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

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