The Agreement for Purchase of Flat with Builder is a crucial legal document used in Canadian real estate transactions involving new construction properties. It is specifically designed for situations where a purchaser is buying a residential unit directly from a builder or developer, either during pre-construction, during construction, or upon completion. The agreement must comply with provincial real estate laws, construction regulations, and consumer protection requirements, while also incorporating specific provisions for new home warranties and construction standards. This comprehensive document includes essential details about the property specifications, construction timeline, payment schedule, and the rights and obligations of both parties. It serves as the foundational contract protecting both the builder's and purchaser's interests throughout the construction and purchase process, often used in conjunction with various schedules and appendices that provide additional technical and legal details.
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1. Parties: Identification of the Builder/Developer and the Purchaser with full legal names and addresses
2. Background: Context of the agreement, including brief description of the development project and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the flat/unit being purchased, including unit number, floor area, and location within the development
5. Purchase Price: Total purchase price, deposit requirements, and payment schedule
6. Construction Specifications: Details of construction standards, materials, and finishes to be used
7. Completion Timeline: Expected construction completion date and closing date provisions
8. Builder's Covenants: Builder's obligations regarding construction, warranties, and delivery of the property
9. Purchaser's Covenants: Purchaser's obligations including payment terms and cooperation requirements
10. Title and Registration: Provisions regarding transfer of title and registration requirements
11. Warranties: New home warranty details and builder's construction quality warranties
12. Default and Remedies: Consequences of default by either party and available remedies
13. Notices: How formal communications between parties should be made and delivered
14. Governing Law: Specification of applicable Canadian provincial law and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Mortgage Arrangements: Include when builder is providing or arranging financing options
2. Upgrade Selections: Include when purchaser has options to upgrade finishes or fixtures
3. Parking and Storage: Include when separate parking spaces or storage units are part of the purchase
4. Assignment Rights: Include when purchaser may have rights to assign the agreement before closing
5. HST Rebate: Include when purchaser may be eligible for HST new housing rebate
6. Pre-Construction Occupancy: Include when early occupancy before final closing is permitted
7. Investment Property Provisions: Include when unit is being purchased as an investment rather than primary residence
1. Schedule A - Legal Description: Detailed legal description of the property and development lands
2. Schedule B - Floor Plans: Unit floor plans and measurements
3. Schedule C - Standard Features and Finishes: Detailed list of included features, materials, and finishes
4. Schedule D - Payment Schedule: Detailed breakdown of deposit and payment milestones
5. Schedule E - Construction Specifications: Detailed construction standards and materials specifications
6. Schedule F - Common Element Allocations: Percentage interest in common elements and cost sharing ratios
7. Schedule G - Site Plan: Development site plan showing unit location and common areas
8. Appendix 1 - Warranty Certificate: New Home Warranty Program certificate and coverage details
9. Appendix 2 - Declaration: Draft condominium/strata declaration
10. Appendix 3 - Upgrades and Extras: Selected upgrades and custom features if applicable
Relevant legal definitions
Agreement
Architect
Building
Builder
Business Day
Closing Date
Common Elements
Completion
Construction Lender
Construction Schedule
Deposit
Development
Dwelling Unit
Effective Date
Final Closing
Floor Plan
Force Majeure
GST/HST
Interim Occupancy
Land
Material Change
Mortgage
Municipality
New Home Warranty
Occupancy Date
Occupancy Permit
Plans and Specifications
Property
Purchase Price
Purchaser
Real Property
Registration
Site Plan
Solicitors
Standard Features and Finishes
Statement of Adjustments
Substantial Completion
Title
Unit
Upgrades and Extras
Warranties
Work Orders
Architect
Building
Builder
Business Day
Closing Date
Common Elements
Completion
Construction Lender
Construction Schedule
Deposit
Development
Dwelling Unit
Effective Date
Final Closing
Floor Plan
Force Majeure
GST/HST
Interim Occupancy
Land
Material Change
Mortgage
Municipality
New Home Warranty
Occupancy Date
Occupancy Permit
Plans and Specifications
Property
Purchase Price
Purchaser
Real Property
Registration
Site Plan
Solicitors
Standard Features and Finishes
Statement of Adjustments
Substantial Completion
Title
Unit
Upgrades and Extras
Warranties
Work Orders
Clauses
Identification of Parties
Property Description
Purchase Price
Payment Terms
Construction Specifications
Timeline and Completion
Title Transfer
Warranties and Representations
Default and Remedies
Force Majeure
Assignment
Insurance
Inspection Rights
Environmental Compliance
Health and Safety
Dispute Resolution
Termination
Registration
Taxes and Adjustments
Notices
Amendment
Severability
Entire Agreement
Governing Law
Indemnification
Survival
Waiver
Construction Standards
Property Access
Common Elements
Warranty Coverage
Deficiency Resolution
Occupancy Conditions
Municipal Compliance
Property Description
Purchase Price
Payment Terms
Construction Specifications
Timeline and Completion
Title Transfer
Warranties and Representations
Default and Remedies
Force Majeure
Assignment
Insurance
Inspection Rights
Environmental Compliance
Health and Safety
Dispute Resolution
Termination
Registration
Taxes and Adjustments
Notices
Amendment
Severability
Entire Agreement
Governing Law
Indemnification
Survival
Waiver
Construction Standards
Property Access
Common Elements
Warranty Coverage
Deficiency Resolution
Occupancy Conditions
Municipal Compliance
Relevant Industries
Real Estate Development
Construction
Residential Property
Commercial Property
Legal Services
Banking and Finance
Insurance
Property Management
Urban Development
Construction Materials
Relevant Teams
Legal
Real Estate Development
Construction Management
Sales
Compliance
Finance
Property Management
Customer Service
Quality Assurance
Documentation
Relevant Roles
Real Estate Developer
Construction Manager
Project Manager
Legal Counsel
Real Estate Agent
Property Manager
Sales Director
Construction Supervisor
Contracts Administrator
Compliance Officer
Development Director
Real Estate Broker
Building Inspector
Quantity Surveyor
Financial Controller
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