What does 'subject to lawyer review' mean in a Nova Scotia offer?
This answer covers the law of Nova Scotia.
A 'subject to lawyer review' clause is a condition that makes the offer depend on a lawyer looking over the agreement and being satisfied with it. It is meant to give the buyer or seller a short window to get advice before the deal becomes firm. How long that window lasts, and what happens if the lawyer raises concerns, is set by the wording of your offer, so the clause should say clearly how many days apply and what each side can do.
The province recommends a lawyer for real property transactions, and for a condo it advises having a lawyer review the agreement before you sign. If concerns come up, the usual choices are to negotiate changes, accept the terms as they are, or end the deal if the clause allows it. Whether you can walk away depends on exactly how the condition is written.
Because a vague clause can lead to disputes, have a lawyer read the wording before you sign or accept an offer, and keep any agreed changes in writing.
Key takeaways
- A lawyer review clause makes your offer conditional on a lawyer looking over the agreement.
- The length of the review period and your options are set by the wording of the offer, so make sure it is clear.
- The province recommends a lawyer for real property transactions.
- If concerns arise, you can generally negotiate changes, accept the terms, or end the deal only if the clause allows it.