Humber/Ontario Real Estate Course 3 Exam Practice

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Question: 1 / 1165

What should a buyer's lawyer do if they discover encumbrances registered against chattels left on the property?

Refer to these encumbrances in the statement of adjustments.

Immediately exclude these chattels from the agreement and close the sale.

Send a requisition letter to the seller's lawyer regarding the matter.

The correct answer is to send a requisition letter to the seller's lawyer regarding the matter. This step is crucial for the buyer's lawyer because encumbrances can affect ownership and the buyer’s ability to use the chattels. A requisition letter serves as a formal inquiry or request for clarification and information about the encumbrances. The lawyer typically seeks to resolve any outstanding issues before closing the transaction, ensuring that the buyer is fully informed about any legal or financial implications related to the encumbrances on the chattels. Addressing this issue proactively is important to protect the buyer's interests and to clarify any uncertainties that could impact their rights once the sale is finalized. This approach allows for negotiation and resolution before the closing date, which is critical to maintaining a smooth transaction process. Contextually, this choice aligns with standard legal practice, where diligence in addressing potential issues is essential before completing a property sale.

Immediately refuse to close the sale.

Negotiate to reduce the sale price.

Ignore the encumbrances and proceed with the sale.

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