If questions about the validity of the GSP were to arise as a result of amendments, the parties should be referred to their lawyers before they even attempt to renegotiate. An amendment is proposed following the adoption of a valid and enforceable offer and purchase and sale agreement (GSP). When an amendment is tabled, a party tries to amend the original agreement – technically, it is an offer of amendment. They are likely to face situations where one or both parties wish to amend an agreement. However, both sides have yet to agree on an amendment to take effect. If you want to change an agreement, it is recommended to use the standard form 120 of the OREA. An amendment is not always a simple solution. Customers are advised to exercise caution when presenting a change. In some cases, this action – particularly if it is not accompanied by well-developed irrevocable provisions – may be considered a “reopening of the deal” and the other party may then be able to treat the original GSP as completed. Monett also saw changes if another document would have been more appropriate. “From time to time, buyer representatives create a change if an execution or waiver notification would be the best tool. A change means a change is required, Bloom says, and it can be used to correct errors tainted with errors, z.B a spelling error.
“The buyer insisted on lower prices and wanted a change. Sometimes it`s like saying to the buyer, “Here you have to be more realistic.” Buyers consider that it is sometimes their right to come back with a change, while sellers are surprised to be asked to renegotiate. A few years ago, he remembered an offer with a closing date agreed by both parties, but no one realized it coincided with a new statutory holiday. “The buyer`s representative reminded me that the bank would be closed on Monday. I thought he would get a quick one until I got through it. This is the first year that Family Day has been celebrated in Ontario. We used an amendment to change the closure to Tuesday. For example, an inspection may reveal problems with well water quality in a holiday home. The buyer still wants the cottage, but now you have to spend more money to improve water quality, he suggests modifying the GSP to a lower purchase price.