In Roppo v. Avvro,[2] the agreement of purchase and sale contained a provision that the date of closing was to be November 30, 2003, “provided that all permit servicing requirements have been completed, registration of the plan of subdivision has occurred and zoning is in final form so as to permit the issuance of building permits by the municipality.” Those requirements were not met, and the vendor tried unsuccessfully to avoid performance of the contract.
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