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Condition precedent
1. Condition Precedent
2. A condition precedent
• is a condition or an event that must happenbefore a contract is in effect.
• A condition precedent can also trigger what
each person must do under a contract.
3.
• For instance, in the example, the agreementto purchase the house does not become
effective until the inspector determines that
the property passes inspection.
• However, if the inspector indicates that the
house fails inspection, then there is no binding
agreement.
4.
• Condition precedent clause can be written inany variety of ways
• There is no one correct way to draft a
condition precedent clause
5. In a loan agreement
• a condition that must be satisfied by theborrower before it may request a drawdown
and the lender is obliged to lend.
• Unless otherwise provided, the rest of the
loan agreement (including any obligation of
the borrower to pay fees) will be binding on
the borrower on execution of the loan
agreement.
finance