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Frequently Asked · Contract

What is subject removal in a BC real estate offer?

The buyer's escape hatch, explained

Subject removal is the checkpoint moment when a conditional offer becomes binding. Here's how it works in BC.

'Subject to' conditions in the Contract of Purchase and Sale

Common subjects: financing approval, satisfactory inspection, review of strata documents, review of Property Disclosure Statement, sale of buyer's current home.

The subject-removal date

Set in the CPS — typically 7–14 days after acceptance. On or before that date the buyer must give written notice removing (or not removing) each subject.

'Subject removal' vs 'waiver' vs 'time is of the essence'

Subjects are typically 'for the sole benefit of the buyer' — meaning only the buyer can waive. 'Time is of the essence' means the deadline is strict; missing it typically kills the deal.

What happens if the buyer removes subjects

The deal becomes firm. Deposit is now at risk if the buyer walks. Seller and buyer proceed to closing.

What happens if the buyer doesn't remove subjects

The offer collapses at the deadline. Deposit returns to the buyer. No obligation on either side.

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Educational information only — not legal, tax, financial, or real-estate advice. Doug LeMaire, REALTOR® · BCFSA #167790 · Fraser Property Management Realty Services Ltd. Not intended to solicit or induce an agreement already in place.
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