Yesterday, we were talking about the big 5 clauses for the detached home, today, let’s look at the clauses for condos. 昨天我們介紹了適用於買獨立屋的5種條款， 今天， 我們看看買公寓的條款； 其實差別不是太大。

#1 – Strata Docs – 公寓文件和會議記錄
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. 買新的公寓當然好， 晤使煩。 如果想購買老一點的公寓， 就一定要看會議記錄， 看看這個建築的工程報告。 知道未來1-2年要修些什麼比如：水管， 外牆， 防水等等。 誰也不想買了新家後不到一個月，就又要給錢物業公司補西牆，修東牆。 透過會議記錄， 買家就可以大概知道該物業有什麼要修的。 所以物業會議記錄一定要認真的看。

#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. 和買獨立屋一樣的， 保護買家。

#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. 房產身份證明 – 保護買家。

#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; 房東揭漏樓房歷史 – 保護買家。

#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. 這個一個非常重要的條約去保護買家， 如果賣家知道有任何維修（比如外牆維護），而且此維修已經得到大部分業主同意一起出錢維修， 賣家必須給清錢後先可以成交。 要不然， 買家剛剛買到新屋， 又要出2-3萬， 那不是虧大了。

#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……這個條款是保障買家得到的資料是真實無誤的。 例如，管理費包括水，氣，你的停車位是13號。。。。。之前有某些資料是不正確的， 對方的經紀也沒有搞清楚就把房子賣了， 例如管理費不包括燃氣……有了這個條款， 就可以更有效的保護買家， 如果與房源信息不符， 可以再講講價。

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