Yesterday, we were talking about the big 5 clauses for the detached home, today, let’s look at the clauses for condos. 昨天我们介绍了适用于买独立屋的5种条款， 今天， 我们看看买公寓的条款； 其实差别不是太大。

#1 – Strata Docs – 公寓文件和会议记录
Subject to the Buyer, on or before ____________ receiving and approving the following documents with respect to information that reasonably may adversely affect the use or value of the strata lot, including any bylaw, item of repair or maintenance, special levy, judgment or other liability, whether actual or potential:

* A current, no older than 30 days, Form ‘B’ Information Certificate attaching the strata corporation’s rules, current budget and the developer’s Rental Disclosure Statement, if any;

* A copy of the registered strata plan, any amendments to the strata plan, and any resolutions dealing with changes to common property;

* The current bylaws and financial statements of the strata corporation, and any section to which the strata corporation lot belongs; and

* The minutes of any meeting held between the period from ____________ to ____________ by the strata council, and by the members in annual, extraordinary or special general meetings, and by the members or the executive of any section to which the strata lot belongs.

* Any and all Engineering/Remediation /reports/studies, Envelope reports/studies and any Legal /opinions/documents.
This condition is for the sole benefit of the Buyer.

* A copy of the Developer’s Rental Disclosure Statement

Immediately upon acceptance of this offer or counter-offer, the Seller will authorize the Seller’s agent, to request, at the Seller’s expense, complete copies of the documents listed above from the strata corporation or other source and to immediately, upon receipt, [and in any event no later than [ ___ days] from acceptance of this Contract of Purchase and Sale by all parties, deliver the documents to the Buyer’s agent.

In the event the Seller does not provide the above documents within the specified time period and the original date for subject removal is less than 3 business days from the date of receipt of the documents, the date for removal of all subjects will be amended to 3 business days after receipt of the documents.

Why? Buying a used condo is always a headache – especially it is a leaking condo or special assessments. Can we eliminate the risk? No, but we can always lower the risk by checking strata documents. Check the engineering reports and the meeting minute; so you will have a rough idea what is coming in the next 1-2 years. 买新的公寓当然好， 晤使烦。 如果想购买老一点的公寓， 就一定要看会议记录， 看看这个建筑的工程报告。 知道未来1-2年要修些什么比如：水管， 外墙， 防水等等。 谁也不想买了新家后不到一个月，就又要给钱物业公司补西墙，修东墙。 透过会议记录， 买家就可以大概知道该物业有什么要修的。 所以物业会议记录一定要认真的看。

#2
Subject to satisfactory financing being made available to the Buyer by ____________,
This condition is for the sole benefit of the Buyer.

Why? same as Big 5 clauses – protects the buyer. 和买独立屋一样的， 保护买家。

#3
Subject to the Buyer on or before _________________ obtaining and approving the copy of the title search results against the presence of any charge or other feature, whether registered or not, that reasonably may adversely affect the property’s use or value. If this condition is waived or declared fulfilled, the attached copy of the title search result will be incorporated into and form part of this contract and the Buyer acknowledges and accepts, despite any other provision in this contract, that upon completion the Buyer will receive title containing any non-financial charge set out in the copy of the title search results that is attached to and forms part of this contract. The Seller agrees to provide the Buyer, at the Seller’s expense, a copy of the latest title search and all relevant documents.
This condition is for the sole benefit of the Buyer.

Why? Title Search – protects the buyer. 房产身份证明 – 保护买家。

#4
Subject to the Buyer on or before ____________ approving the Property Disclosure Statement – “Strata Properties” with respect to the information that reasonably may adversely affect the use or value of the property.
This condition is for the sole benefit of the Buyer. If approved, such statement will be incorporated into and form part of this contract.

Why? Disclose statement – protects buyers; 房东揭漏楼房历史 – 保护买家。

#5
This offer is subject to the Buyer obtaining approval for fire/property insurance, satisfactory to the Buyer, by ____________.
This condition is for the sole benefit of the Buyer.

Subject to the Buyer, on or before ____________ , at the Buyer’s expense, obtaining and approving an inspection report from a licensed home inspector, against any defects which reasonably may adversely affect the property’s use or value. This condition is for the sole benefit of the Buyer. The Seller will allow access to the property for this purpose on reasonable notice.

The Seller will notify the Buyer before the completion date of any notice of a resolution to amend the bylaws or rules of the strata corporation, or the bylaws or rules of a section to which the strata lot belongs, or any amendment to such bylaws or rules, that the Seller has not previously disclosed to the Buyer. The Seller will promptly deliver a copy of the relevant resolution or notice of resolution to the Buyer.

The Seller will pay, on or before the completion date any special levies assessed prior to the completion date including levies which are assessed but not due until after the completion date. If a special levy has been proposed in a resolution which, together with a notice of an Annual or Special General Meeting, is delivered to the Seller in accordance with the Strata Property Act before the Completion date, the Buyer’s solicitor may hold back the amount of the proposed levy and either pay the said amount to the Strata Corporation if approved by the meeting or, if the proposed special levy is defeated pay the said amount to the Seller.

Why? This is important – if the seller knows any special levies are coming and it has passed the Special General Meeting, the seller should pay that off before completion. This clause solely protects the buyer, because nobody wants to live in his/her new home for 1-2 months and pay this and pay that. 这个一个非常重要的条约去保护买家， 如果卖家知道有任何维修（比如外墙维护），而且此维修已经得到大部分业主同意一起出钱维修， 卖家必须给清钱后先可以成交。 要不然， 买家刚刚买到新屋， 又要出2-3万， 那不是亏大了。

#6
The Buyer is aware of the following restrictions in the Strata Corporation: ____________________________________________ and all other items contained in the bylaws.

The Buyer is aware that the bylaws limiting or prohibiting rentals may be imposed in the future which may impact the owners’ ability to rent the strata lot.

The Buyers(s) is also aware that the Strata Corporation charges a monthly fee(s) for maintenance in the amount of $_______________ for _______________, _______________, _______________, _______________, _______________, _______________, _______________.

Seller confirms that parking stall(s) #_______________ and storage locker(s) #_______________ associated with strata lot are designated under the following arrangement:

Why? This clause is just making sure the feature sheet is right; eg: parking stall #, locker #, what is including in the maintenance fees……这个条款是保障买家得到的资料是真实无误的。 例如，管理费包括水，气，你的停车位是13号。。。。。之前有某些资料是不正确的， 对方的经纪也没有搞清楚就把房子卖了， 例如管理费不包括燃气……有了这个条款， 就可以更有效的保护买家， 如果与房源信息不符， 可以再讲讲价。

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