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Keeping up with the Jones pay in Real Estate Waiver vs notice of fulfillment of condition - when do you use one over the other 9HUQRQ &OHPHQW -RQHV 0RUWJDJH%URNHU1HZV $SULO
he Notice of Fulfillment is used when the condition has been fulfilled. In other words, if the home inspection has been done to the satisfaction of the buyer, or financing has been approved, a Notice of Fulfillment should be used. A Waiver is used when the condition has been waived by the buyer, in other words, they have removed the condition without fulfilling it. Unfortunately, it is commonplace in our industry to simply fill out a Waiver even when a Notice of Fulfillment should be used. By doing so, it is like the condition never existed and the home inspection, for example, never happened. This is not good for the buyer because if they ever have an issue that comes up regarding the home inspection, for example, they cannot do anything about it because they have legally removed the condition and it will now have no effect on the sale of the house. Keep it simple. If you fulfill the condition, use a Notice of Fulfillment. If you waive the condition, use a Waiver.
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