Is a condition precedent binding in a real estate transaction?

British Columbia, Canada


The following excerpt is from G-8 Properties Inc. v. Fort St. John Retail Limited Partnership, 2011 BCSC 209 (CanLII):

Indeed, the court in Wiebe v. Bobsien (S.C.) stated at 761 that a condition precedent will ordinarily create a binding contract in relation to a real estate transaction: ... in a real estate transaction a condition precedent which must be performed by the purchaser will not usually prevent the formation of a contract but will simply suspend the covenant of the vendor to complete until the condition precedent is met by the purchaser.

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