Humber/Ontario Real Estate Course 3 Exam Practice

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When the present use of a property is not specified in the Title Search clause, what is the implication?

  1. The seller is not making any declaration regarding use and the buyer must determine this at their own expense.

  2. The seller is confirming that the present use of the property as a single-family home can be lawfully continued.

  3. The salesperson has made a mistake and should have inserted the current zoning.

  4. The salesperson must include both the present use and the zoning information.

  5. The buyer must inquire about the zoning and current use before proceeding.

  6. The property should be inspected to verify its current use.

The correct answer is: The seller is confirming that the present use of the property as a single-family home can be lawfully continued.

The selected answer highlights that when the present use of a property is not specified in the Title Search clause, it implies that the seller is confirming that the current use of the property as a single-family home is lawful. This suggests that there is an assumption of legal conformity regarding the existing use, thereby providing assurance to the buyer that the property can continue to be used as intended without any immediate legal issues. Understanding this reflects an important aspect of real estate transactions. Buyers often rely on the Title Search clause to ascertain whether the property's current use complies with local zoning laws. If the use is not explicitly mentioned, the interpretation is that it is a recognized and lawful use, particularly in situations where a property's historical use aligns with local zoning ordinances. The other options present alternative scenarios that do not adequately represent the implications of omitting present use in the Title Search clause. For example, suggesting that the buyer must do all inquiries about zoning and current use should not be necessary if the seller has made a declaration of lawful use, which is precisely what this answer conveys.

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