Frequently asked
Everything buyers and sellers ask Craig about this.
What does 'subject to' mean in a BC real estate contract?
'Subject to' means the offer is contingent on a specific condition being satisfied within a specific timeline. Until the buyer removes the subject in writing, the deal is not binding. If the subject is not removed by the deadline, the contract dies and the deposit is returned.
How long is the standard subject period in BC?
Typically 7–10 business days, though it is negotiated per offer. In competitive offer-date situations, subjects may be compressed to 3–5 days or removed entirely (subject-free offer). In slow markets, 14-day subject periods are common.
Can the seller back out during the subject period?
No. Once the seller accepts the offer, they are bound. Only the buyer has the right to remove or not remove subjects. This is why subject-free offers are so attractive to sellers — they eliminate the buyer's escape route.
What is a 'subject-to-sale' clause?
A clause making the purchase contingent on the buyer selling their existing home. Sellers usually resist it because it adds uncertainty, but it is common when the buyer cannot complete without the equity from their current home. Often paired with a '72-hour clause' letting the seller keep marketing.
What is a '72-hour clause'?
A clause that lets the seller continue marketing the home during a subject-to-sale period. If another buyer makes an acceptable offer, the seller gives the first buyer 72 hours to remove all subjects or walk away. It balances seller flexibility against buyer protection.
Can I add new subjects after the offer is accepted?
No. Subjects must be written into the original offer or a mutually-signed counter. Adding subjects post-acceptance requires the seller's agreement via an Addendum.
What happens if I miss the subject removal deadline?
In BC, missing the deadline is treated as subjects not removed — the contract dies and the deposit returns. Some contracts have 'time of the essence' language making this strict; others allow same-day extensions with seller consent.
Does the 3-day HBRP replace the need for subjects?
No. The Home Buyer Rescission Period gives you 3 business days with a 0.25% fee. Subjects give you 7–14 days with full deposit return. They work in parallel and serve different purposes.
Can I remove subjects early?
Yes — if all your due diligence is complete, you can remove subjects before the deadline. Early removal can sometimes be used strategically to negotiate other concessions.
What is a 'clean' subject removal?
Removing all subjects unconditionally by the deadline, with no requests for credits, extensions, or amendments. It is the strongest buyer signal and keeps the seller fully engaged through to completion.
