In an offer to purchase, can a condition be removed or waived before it expires?

• A. No, it cannot be removed
• B. Yes, it can be removed or waived
• C. Only by the seller
• D. Only after a cooling-off period

Answer: (B)

A condition in an offer is a temporary obligation that protects a party while certain issues are resolved. It can be removed or waived before its expiry. When the party who placed the condition decides to waive it, they communicate that in writing and deliver it to the seller (or the seller’s broker) before the condition date. Once waived, that portion of the offer becomes unconditional, and the deal moves forward with the remaining terms.

In typical situations, the buyer places conditions (like financing or inspections). If the buyer is confident, they can waive the condition to show commitment and to proceed toward closing. The seller cannot unilaterally remove a buyer’s condition without the buyer’s agreement, and any such change would usually be done by signing an amendment together. The waiver must be in writing and delivered before the condition expires.