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3 Clauses I See in Every Offer

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Reading Time: 2 minutes

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Key Takeaway
There are certain "logistic clauses" that should be in almost every offer to protect the buyer on closing day.

If you haven't caught this week's video yet, I walked through three clauses I categorize as Logistic Clauses.

These are the ones that aren't about whether the deal happens (like conditions), but about making sure closing day goes smoothly. You can watch it here.

Now, I review a lot of Agreements of Purchase and Sale.

Deals from Realtors across the city, and the province, different brokerages, different styles, different levels of experience.

And one of the things that stands out is how much variation there is in how offers are put together.

The organization, the flow, the specific clauses included, even subtle differences in how the same clause is worded from one Realtor to the next.

Most of it is fine. But I started thinking about the constant ones.

The three clauses I see most often in a regular home closing are:

  • A Good Working Order Clause: creates an obligation on the seller to ensure included chattels and fixtures are functioning on closing day
  • A Buyer Visit Clause: gives the buyer the right to access the property one or more times before closing, ideally with one visit as close to the closing date as possible
  • A Clean and Broom-Swept Clause: sets a standard for the condition the seller is expected to leave the property in on closing day

I go through the exact language and some variation for each one in the video this week.

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QUESTION?

What's another clause you always include that in virtually every agreement you draft?

Just hit reply.

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Written by
Zachary Soccio-Marandola
Real Estate Lawyer

Direct: (647) 797-6881
Email: zachary@socciomarandola.com
Website: socciomarandola.com
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