Are the words “This sale is subject to a satisfactory mortgage” void for uncertainty?
British Columbia, Canada
The following excerpt is from Pietrobon v. McIntyre, 1987 CanLII 2612 (BC SC):
Bouck J. in coming to his conclusion relied on Lee-Parker v. Izzet (No. 2), [1972] 1 W.L.R. 775, [1972] 2 All E.R. 800, in which Goulding J. held that the words “This sale is subject to the purchaser obtaining a satisfactory mortgage” were a condition void for uncertainty.
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