Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

KVV Inc Attorneys

Published on: 04/03/2025

A buyer's offer to pay cash for a property after a bond clause deadline expired did not constitute a valid waiver of the clause, the Supreme Court of Appeal ruled. The sale agreement lapsed, entitling the buyer to a full refund of their deposit. The seller failed to prove the buyer's clear intent to waive their rights, as required by law and the agreement's terms.