Waiver of Condition Precedent by Taking Possession in Property Sale Contract
Synthèse Legislator
Généré par l'IAA party who had contracted to purchase property contested the validity of the sale by claiming the contract contained a condition precedent that had not been fulfilled, specifically regarding the approval of financing, despite the fact that they had subsequently taken possession of the property and acted as owner. The court rejected the appeal, reasoning that by taking possession and exercising ownership rights, the purchaser had implicitly waived the benefit of the condition precedent, thereby validating the sale contract despite the initial non-fulfillment of the financing term.
Regeste Legislator
Généré par l'IAWaiver of Condition Precedent by Taking Possession in Property Sale Contract: The court rejected the appeal, reasoning that by taking possession and exercising ownership rights, the purchaser had implicitly waived the benefit of the condition precedent, thereby validating the sale contract despite the initial non-fulfillment of the financing term.