Final answer:
Warranties and representations related to environmental issues provided by a seller are assurances of fact, not conditional clauses. Warranties are legally enforceable promises, while representations, if false, can result in misrepresentation claims.
Step-by-step explanation:
When a seller provides a warranty and representation in a clause assuring the buyer that there are no environmental issues with the property, it is typically not considered a conditional clause. Instead, warranties and representations are assurances provided by the seller that certain statements are true. Warranties serve as legally enforceable guarantees, and their breach could lead to remedies such as rescission of the contract or damages. Representations are statements of fact which, if found to be untrue, can give rise to claims for misrepresentation. A conditional clause, on the other hand, is a provision that states that certain conditions must be met for the contract to be fully effective or for an obligation to become enforceable.