Contact Us Licensee Login

Professional Standards Manual

Trading Services

4. General Information

(a) Contract Clauses - View Entire Section

(XXV) Health and Environmental Concerns - View Subsection
(7) Safety, Health and Environmental Disclosure Clauses

NOTE: The clauses in this section may be used for a wide variety of situations involving possible latent defects. Some clauses allow a seller to disclose or warrant and the buyer to acknowledge and accept (or accept the warranty of) the latent defects previously described. They can be used for situations not adequately covered by a Property Disclosure Statement.

Examples include, but are not limited to:

  • potability of water;
  • quantity of water;
  • adequacy of sewage disposal/treatment;
  • suitability of site topography;
  • drainage;
  • soil quality;
  • urea formaldehyde insulation;
  • asbestos;
  • underground oil storage tanks; and
  • contaminated material.

Inspection/Testing/Government Approval Clause

Subject to the Buyer receiving and being satisfied with a site inspection and report from (select inspecting body or expert tester or government authority) concerning (describe condition) on or before (date) .

The Seller will allow access to the property for this purpose on reasonable notice.

This condition is for the sole benefit of the Buyer.

Ω If not using the standard form Contract of Purchase and Sale, refer to ‘‘Contracts under Seal’’.

Possible Safety, Health or Environmental Condition Clause

The Seller discloses, and the Buyer acknowledges, that the (select either building or property) contains (describe condition) and the Buyer accepts the (select either building or property) in this condition.

UFFI and Asbestos Insulation Disclosure Clause

The Seller discloses, and the Buyer acknowledges, that the (select either building or property) (select either contains or has contained) (type of insulation) and the Buyer accepts the (select either building or property) in this condition.

Seller’s Disclosure Where Condition Has Been Tested Clause

The Seller discloses that the (select either building or property) was tested for (describe condition) on (date) by (name of testing contractor or government authority) .

The results of the test indicated that no (describe condition) was present (select either in or on) the (select either building or property) . As evidence of such testing, the Seller attaches the following documents:

(List)

The buyer accepts the condition of the (select either building or property) in reliance on these documents.

Seller’s Disclosure Where Condition Has Been Removed Clause

The Seller discloses that, although (describe condition) was known to have been (select either in or on) the (select either building or property)such (describe condition) to the best of the Seller’s knowledge, was (select either removed or remedied) on (date) . As evidence of the (select either removal or remedy) , the Seller attaches the following documents:

(List)

Seller’s Disclosure but Corrective Measures Taken Clause

The Seller discloses that the (select either building or property) did have (describe condition) but has undergone the following corrective measures:

(List)

The Buyer accepts the condition of the (select either building or property) in reliance on these corrective measures.

Seller’s Disclosure but Condition at Acceptable Level Clause

The Seller discloses that the (select either building or property) was tested for (describe condition) on (date) by (name of testing contractor or government authority) .

The results for such testing indicated that (describe condition) is acceptable and, accordingly, no further action has been taken.

The Buyer accepts the condition of the (select either building or property) in reliance on this testing.

Seller’s Warranty Clause

The Seller warrants that, to the best of the Seller’s knowledge, the (select either building or property) does not have (describe condition) .

Buyer’s Site Profile Clause

Subject to the Buyer reviewing and approving the site profile on or before (date) .

This condition is for the sole benefit of the Buyer.

Ω If not using the standard form Contract of Purchase and Sale, refer to ‘‘Contracts under Seal

Seller’s Site Profile Clause

The Seller, at his or her expense, will provide to the Buyer a completed site profile (Schedule 1 of the B.C. Contaminated Sites Regulation) for the subject property on or before (date) . The Seller warrants that the information contained therein is true and correct to the best of the Seller’s knowledge.

**Alert**

Sellers should be advised that the seller is responsible for all contamination on the property that the seller fails to disclose to a buyer. Sellers should be encouraged to obtain a site profile at the time the property is sold in order to prevent a buyer from later claiming that the property was contaminated.