add clauses from original offer to amendments, fullfilments and waivers

Hi Luc,

This is very thorough and very helpful! Thanks so much! 

HI Charleigh, 

Great question!

Here in Ontario at at least, if I'm writing an agreement of purchase and sale (offer to purchase) depending on the property I would put several buyer conditions on Schedule A.. things like a home inspection, a financing condition, perhaps a potable water condition, a septic inspection, or any number of things..  these may sound small be in reality the verbiage for each is actually quite extensive..  for example in a recent offer I did:

i) This Offer is conditional within five (5) business days from acceptance, upon the inspection of the subject property by a home inspector at the Buyer's own expense, and the obtaining of a report satisfactory to the Buyer in the Buyer's sole and absolute discretion 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. 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 as aforesaid within the time period stated herein.

ii) This Offer is conditional within five (5) business days from acceptance, upon the Buyer arranging, at the Buyer's own expense, satisfactory financing and insurance for the property in the Buyer's sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto, 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. 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 as aforesaid within the time period stated herein.

iii) This Offer is conditional within five (5) business days from acceptance, upon the Buyer determining, at the Buyer's own expense, that: (1) there is an adequate water supply to meet the Buyer's household needs; (2) the pump and all related equipment serving the property are in proper operating condition; and (3) the Buyer can obtain a Bacteriological Analysis of Drinking Water from the authority having jurisdiction indicating that there is no significant evidence of bacterial contamination. Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto, that these conditions have been fulfilled, this Offer shall become null and void and the deposit shall be returned to the Buyer in full without deduction. These conditions are included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller as aforesaid within the time period stated herein. The Seller agrees to allow access to the subject property to the Buyer or the Buyer's agent for the purpose of satisfying this condition.

So the above offer is conditional on the fulfilment of the above 3 conditions (could be 1, could be 10) for 5 business days.

Than in 5 business days (could be less) I'm gong to prepare a new document, called a fulfilment of conditions.. that document as preprinted wording that says "The following conditions have been fulfilled:" and than a big blank box, in which I have to retype:

i) This Offer is conditional within five (5) business days from acceptance, upon the inspection of the subject property by a home inspector at the Buyer's own expense, and the obtaining of a report satisfactory to the Buyer in the Buyer's sole and absolute discretion 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. 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 as aforesaid within the time period stated herein.

ii) This Offer is conditional within five (5) business days from acceptance, upon the Buyer arranging, at the Buyer's own expense, satisfactory financing and insurance for the property in the Buyer's sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto, 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. 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 as aforesaid within the time period stated herein.

iii) This Offer is conditional within five (5) business days from acceptance, upon the Buyer determining, at the Buyer's own expense, that: (1) there is an adequate water supply to meet the Buyer's household needs; (2) the pump and all related equipment serving the property are in proper operating condition; and (3) the Buyer can obtain a Bacteriological Analysis of Drinking Water from the authority having jurisdiction indicating that there is no significant evidence of bacterial contamination. Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto, that these conditions have been fulfilled, this Offer shall become null and void and the deposit shall be returned to the Buyer in full without deduction. These conditions are included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller as aforesaid within the time period stated herein. The Seller agrees to allow access to the subject property to the Buyer or the Buyer's agent for the purpose of satisfying this condition.

The conditions on the fulfilment must match exactly what was in the offer and needed to be fulfilled/

In the previous offer platform I was using there was simply a button next to the box that said "insert clauses from original offer" which would do just that, copy and paste everything from the offer schedule A into the box I am working in on the new form in that same transaction file. Yes it would copy some things I didn't need. and I may not be fulfilling all the conditions at once, but it's a lot easier to highlight and delete a few things than to run back to the original offer and find the exact wording of the clauses. - As it stands now I have to open the original offer in skyslope, copy my clauses, past them to a word doc, go back into my new form and than copy/paste into it.

This is also the same procedure for a waiver of conditions form and sometimes for an amendment form, as the amendment also requires "deleting" what it's being amended (the original clause) and than "inserting" what it's being amended to. This is delete and insert in terms of the contract. For the purposes of the form, we're inserting the original clauses from the offer to the section of the amendment form that says delete so that they are "deleted" from the agreement.

Hope that helps!

Hi Luc!

Charleigh from the Product Team here at SkySlope. Thank you for reaching out and providing us with this feedback! Question for you -- what circumstances cause you to move the clause/verbiage from one form to another? In the meantime, I'll pass this along to our product management team for their review.

Thanks again and have a great day!