Clause 9, Contract of Purchase and Sale – Seller Unable to Deliver Clear Title, Contract Unenforceable #340
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By Gerry NeelyB.A. LL.B. Clause 9 of the Contract of Purchase and Sale continues to be a trap for the unwary licensee (or lawyer), because it is the type of “boilerplate” clause that the eye and mind skip over. It requires the seller to deliver a clear title – except for enumerated, permitted encumbrances, one …