General information only — not legal, tax, financial, or real-estate advice. Verify with a licensed BC professional before acting.
A subject-to-sale clause is a condition in a Contract of Purchase and Sale that makes a buyer's offer conditional on the sale of the buyer's existing home. The clause typically sets a deadline by which the buyer must remove the subject once their existing home is firmly sold. Sellers often accept a subject-to-sale offer with a 'time clause' that allows them to keep marketing the property and require the buyer to either remove the subject within a short window (commonly 48–72 hours) or collapse the deal if a competing offer comes in. The specific wording is legally significant — have your licensed REALTOR® and, where appropriate, a lawyer or notary review it before signing.
A time clause allows the seller to continue marketing the property while a subject-to-sale offer is pending. If the seller receives a competing offer, they can give the first buyer a short window (commonly 48 or 72 hours) to remove the subject-to-sale condition or collapse the deal.
Yes, though acceptance depends on market conditions. In a sellers' market, sellers often decline subject-to-sale offers or accept them only with a strong time clause. In a balanced or buyers' market, they are more commonly accepted.
Verify the specific statutory language, thresholds, deadlines and current guidance directly with the governing authority: