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TANTRAMAR · E-2 FIELD GUIDE

What if the buyer discovers the problem after submitting the case?

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THE DIRECT ANSWER

Obtain review of the actual change and stage rather than continuing to rely on inaccurate operating facts.

Preserve the updated record

Identify what changed in the transaction, resources or forecast. A submitted account should not be treated as permanently accurate despite new material information.

Signing the lease, ordering equipment, arranging utilities and licensing, engaging a local manager and hiring staff all constitute irrevocable commitment and make the application stronger rather than weaker. Set milestones: final security documents executed, funds released, expenditures made or irrevocably committed, and the plan reconciled to the actual figures. The State Department expects funds to be irrevocably committed before it will issue a visa, but an unconditional purchase leaves the buyer exposed if the application fails. In practice the accepted approach is an escrow: the purchase price is deposited with a third party under instructions that release it to the seller on visa approval and return it to the buyer on refusal. The application needs a committed transaction, and the buyer needs protection if the visa is refused. If the seller cannot wait, consider a management agreement under which the seller's team operates the business through the season on the buyer's behalf, with ownership and control passing at closing.