October 2001 - British Columbia Real Estate Association

Clause 9, Contract of Purchase and Sale – Seller Unable to Deliver Clear Title, Contract Unenforceable #340

Janie Cranfield | October 1, 2001

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 …

The British Columbia Real Estate Association acknowledges that our head office is located on the unceded traditional territories of the Coast Salish Nations of Sḵwx̱wú7mesh (Squamish), səl̓ilwətaɁɬ (Tsleil-Waututh), and xwməθkwəy̓əm (Musqueam). We also acknowledge the other 195 First Nations in British Columbia, as these are the lands we each call home.