The Agreement of Purchase and Sale Form serves as the primary legal instrument for documenting and executing real estate transactions in Canada. This essential document is used whenever real property is being transferred from one party to another, whether in residential or commercial contexts. The agreement comprehensively details all aspects of the transaction, including property description, purchase price, deposit terms, closing arrangements, and conditions precedent. It must comply with federal legislation such as the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as well as provincial real estate and consumer protection laws. The document's format and content are typically standardized within each province while allowing for customization based on specific transaction requirements. When properly executed, this Agreement of Purchase and Sale Form creates legally binding obligations for all parties involved in the transaction.
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1. Parties: Identification of the buyer(s) and seller(s) with full legal names and current addresses
2. Background: Brief context of the transaction and acknowledgment of the parties' intention to enter into the agreement
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Property Description: Detailed legal description of the property including address, lot number, plan number, and property identification number
5. Purchase Price: The agreed purchase price, deposit amount, and payment terms
6. Deposit: Details of the deposit amount, when it must be paid, and how it will be held in trust
7. Closing Date: The specified date when the transaction will be completed and ownership transferred
8. Conditions Precedent: Essential conditions that must be met before the agreement becomes firm, including financing and home inspection
9. Representations and Warranties: Statements of fact by the seller about the property's condition and legal status
10. Included Items: List of fixtures and chattels included in the purchase price
11. Excluded Items: List of items specifically excluded from the sale
12. Title: Seller's guarantee of clear title and buyer's right to examine title
13. Closing Procedures: Details of the closing process, including documentation and funds transfer requirements
14. Property Condition: Statement regarding the condition in which the property will be maintained until closing
15. Risk: Allocation of risk of damage to the property between acceptance and closing
16. Default: Consequences and remedies if either party fails to complete the transaction
17. Notices: How and where formal notices between parties must be delivered
18. Execution: Signature blocks and date of agreement
1. Financing Conditions: Used when buyer requires mortgage financing to complete the purchase
2. Home Inspection Condition: When buyer wishes to have a professional home inspection performed
3. Sale of Buyer's Property: Condition making the purchase conditional on the sale of buyer's existing property
4. Rental Property Provisions: Used when property is currently tenanted, including details about existing leases
5. HST/GST Provisions: Required for new construction or commercial properties where HST/GST applies
6. Property Management: For properties with ongoing management requirements between acceptance and closing
7. Foreign Buyer Provisions: Required when buyer is not a Canadian resident
8. Environmental Conditions: For properties requiring environmental assessment or with known environmental issues
9. Development Conditions: When property is purchased for development purposes
10. Condominium Provisions: Specific terms required for condominium purchases
1. Schedule A - Legal Description: Detailed legal description of the property from land registry
2. Schedule B - Included Items: Comprehensive list of fixtures and chattels included in the sale
3. Schedule C - Excluded Items: Detailed list of items specifically excluded from the sale
4. Schedule D - Conditions: Detailed description of all conditions and their fulfillment requirements
5. Schedule E - Title Searches: Results of title searches and any identified encumbrances
6. Schedule F - Property Disclosure Statement: Seller's disclosure of known property issues and defects
7. Schedule G - Environmental Reports: Any environmental assessments or reports
8. Schedule H - Survey: Property survey and related documentation
9. Schedule I - Condominium Documents: Required documentation for condominium properties
10. Schedule J - Rental Schedules: Details of existing tenancies and lease agreements
Relevant legal definitions
Agreement
Adjustments
Business Day
Chattels
Closing
Closing Date
Completion Date
Condition Date
Consideration
Deposit
Effective Date
Encumbrances
Fixtures
GST/HST
Improvements
Included Items
Land
Legal Description
Mortgage
Party/Parties
Permitted Encumbrances
Property
Purchase Price
Purchaser
Real Property
Requisition Date
Seller
Statement of Adjustments
Survey
Title
Transfer
Vacant Possession
Vendor
Adjustments
Business Day
Chattels
Closing
Closing Date
Completion Date
Condition Date
Consideration
Deposit
Effective Date
Encumbrances
Fixtures
GST/HST
Improvements
Included Items
Land
Legal Description
Mortgage
Party/Parties
Permitted Encumbrances
Property
Purchase Price
Purchaser
Real Property
Requisition Date
Seller
Statement of Adjustments
Survey
Title
Transfer
Vacant Possession
Vendor
Clauses
Identification
Property Description
Purchase Price
Payment Terms
Deposit
Title
Representations and Warranties
Conditions Precedent
Due Diligence
Property Inspection
Financing
Insurance
Risk Transfer
Property Condition
Included Items
Excluded Items
Closing Requirements
Adjustments
Default and Remedies
Assignment
Notice
Time of Essence
Planning Act Compliance
Environmental Matters
Property Tax
Utilities
Survival
Further Assurances
Governing Law
Entire Agreement
Severability
Force Majeure
Counterparts
Electronic Execution
Property Description
Purchase Price
Payment Terms
Deposit
Title
Representations and Warranties
Conditions Precedent
Due Diligence
Property Inspection
Financing
Insurance
Risk Transfer
Property Condition
Included Items
Excluded Items
Closing Requirements
Adjustments
Default and Remedies
Assignment
Notice
Time of Essence
Planning Act Compliance
Environmental Matters
Property Tax
Utilities
Survival
Further Assurances
Governing Law
Entire Agreement
Severability
Force Majeure
Counterparts
Electronic Execution
Relevant Industries
Real Estate
Property Development
Banking and Finance
Legal Services
Insurance
Construction
Property Management
Commercial Property
Residential Property
Property Investment
Urban Development
Mortgage Lending
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Investment
Risk Management
Finance
Operations
Document Control
Business Development
Asset Management
Relevant Roles
Real Estate Agent
Real Estate Broker
Property Lawyer
Conveyancing Lawyer
Title Examiner
Mortgage Broker
Property Manager
Real Estate Developer
Commercial Property Manager
Real Estate Investment Manager
Legal Counsel
Compliance Officer
Real Estate Paralegal
Transaction Coordinator
Property Appraiser
Real Estate Portfolio Manager
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