Can I make an office purchase subject to visa approval?

UPDATED: Oct 1, 2022

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Can I make an office purchase subject to visa approval?

As part of my L1A visa process I wish to purchase office space. This will show

both the physical presence and the investment of a significant amount required by the visa conditions. However, I do not want to commit to buying before the visa is approved yet I must show commitment before the visa application. Is it realistic to have a clause in the purchase agreement that the sale is subject to visa approval?

Asked on September 11, 2018 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal, in that if you and the seller both agree to it, such a clause is permissible and enforceable. Whether it is "realistic" is another story: it is difficult to see why the seller would agree to make the sale dependent on visa approval, when that is something so far beyond his control and where he can't even set any realistic time frame on it. But if the seller does agree, this is legal.

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