Asked & Answered: Mistakes to avoid when removing subject conditions!

By Jude Chow and Harkamal Rai
June 2026

Question: What should buyers’ agents watch for when it comes time to remove subject conditions?

Answer: Subject removal is a significant milestone in many real estate transactions. While buyers’ agents often focus on ensuring that the right subject conditions are included in the contract of purchase and sale, the process of declaring subject conditions either waived or fulfilled is equally important.

Before taking steps to remove subject conditions, keep these do’s and don’ts in mind:

1. Diarize your dates!

Failure to provide notice of subject removal generally means the end of the contract. Forgetting to remove subject conditions on time may result in your client losing the deal and a claim against you. Using a reliable diary system to keep track of subject removal dates (instead of a sticky note) will help you avoid a “sticky” situation. Consider sharing your electronic diary or calendar entry with your client to help ensure that a deadline isn’t missed. By taking these simple steps, you’ll avoid being featured on our top “Mistakes you should never make” where one of those mistakes involved a buyer’s agent’s fallen sticky note that resulted in the buyer’s failure to remove subjects on time and ultimately losing the deal.

2. Remove subject conditions together.

Removing subject conditions one at a time and on different dates can sometimes lead to agents overlooking which subject conditions have or have not been removed. Where possible, group subject conditions together and remove them all at once so you don’t inadvertently miss one or more of them.

3. Ensure your clients are satisfied with removing subject conditions.

Removing subject conditions is a big deal. Having detailed and well-documented discussions with your clients before they remove subject conditions can help ensure that they are genuinely satisfied with their decision(s) and that they understand the effect of declaring a subject condition waived or fulfilled.

4. Document everything!

Always document your discussions with clients and instructions from clients regarding subject removal. Ask your clients to acknowledge their satisfaction, in writing, with the due diligence that a particular subject condition affords (i.e. financing, inspection, feasibility, etc.) and their instructions to you. This will help to avoid any miscommunication before removing subject conditions.

For more information on how to better CYA, see Kristyn Weillinger and Jude Chow’s “Asked and answered… Buyers’ agents be aware: There’s a better way to CYA”.

5. Don’t overshare!

If your clients are choosing not to remove subject conditions, exercise caution. Although a buyer is not obligated to provide reasons for not removing subject conditions, the buyer has a general obligation to use good faith efforts to fulfill them. Illegitimate reasons (whether real or perceived) for escaping a contract may attract scrutiny and even litigation. When in doubt, advise your clients to seek independent legal advice, remember who you act for, and don’t overshare with the other side.

6. Slow down and be careful when renegotiating.

Take extra care if you’re attempting to renegotiate the terms of the contract prior to subject removal. Be aware that particularly strong language can be seen as an “anticipatory repudiation” and can inadvertently kill a deal and even activate a back-up offer.

For more information on this topic, see: