When drafting a purchase promise, many conditions automatically come to mind, including obtaining a mortgage, property evaluation, certain repairs, etc.
However, it's rare to think about integrating a clause regarding pets.
One couple learned this the hard way after making a purchase promise on a condominium.
Having omitted to include a 'possession' clause for pets in the condo units and later realizing in the process that pets were prohibited by the condominium bylaws, they attempted to withdraw from the sale by arguing that they couldn't move into a condo that doesn't accept pets.
The court ordered them to pay nearly $25,000 in damages for refusing to proceed with the title transfer.
As a buyer, it's important to ask the right questions and include all necessary conditions in a purchase promise.
If you or your client have pets, consider including a condition in your purchase promise!