Agreement To Sell With Possession for Canada

Agreement To Sell With Possession Template for Canada

A comprehensive legal document used in Canadian jurisdictions that combines a purchase agreement with immediate possession arrangements before the final closing of the sale. This agreement outlines the terms and conditions of both the property sale and the interim possession period, including purchase price, payment schedule, possession terms, maintenance responsibilities, and risk allocation. It provides legal protection for both parties during the transition period and ensures compliance with provincial property laws and regulations. The document is particularly relevant in situations where the buyer needs to take possession of the property before the sale is fully completed.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Agreement To Sell With Possession

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Agreement To Sell With Possession?

An Agreement To Sell With Possession is a specialized legal document used in Canadian real estate transactions where immediate possession of the property is required before the final closing of the sale. This arrangement is commonly used in situations where buyers need to occupy the property before financing is finalized, during extended closing periods, or when other circumstances necessitate early possession. The document must comply with provincial property laws, the Sale of Goods Act, and relevant provincial Land Titles Acts. It includes crucial elements such as purchase terms, possession conditions, risk allocation, insurance requirements, and responsibilities of both parties during the interim period. This type of agreement requires careful drafting to protect both parties' interests and ensure clear understanding of obligations during the possession period before final sale completion.

What sections should be included in a Agreement To Sell With Possession?

1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any defined terms to be used for each party

2. Background: Sets out the context of the agreement, including the intent to sell and arrange possession, and any relevant property details

3. Definitions: Defines all key terms used throughout the agreement

4. Sale Terms: Details of the purchase price, payment terms, and conditions of sale

5. Property Description: Detailed legal description of the property being sold

6. Possession Terms: Specific arrangements for possession, including timing, duration, and any conditions

7. Purchase Price and Payment: Breakdown of purchase price, deposit requirements, and payment schedule

8. Representations and Warranties: Statements and guarantees made by both parties regarding the property and their capacity to enter into the agreement

9. Closing Conditions: Conditions that must be met before the sale can be completed

10. Risk and Insurance: Allocation of risk and insurance requirements during the possession period

11. Default and Remedies: Consequences of default by either party and available remedies

12. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

What sections are optional to include in a Agreement To Sell With Possession?

1. Tenant Obligations: Used when the buyer will be occupying the property as a tenant during the possession period

2. Property Maintenance: Used when specific maintenance responsibilities need to be allocated during the possession period

3. Utilities and Expenses: Used when there needs to be clear allocation of responsibility for utilities and other ongoing expenses

4. Environmental Matters: Used when there are specific environmental concerns or requirements related to the property

5. Mortgage Arrangements: Used when the agreement involves specific mortgage or financing arrangements

6. Agricultural Provisions: Used when the property includes agricultural land with specific requirements

7. First Nations Considerations: Used when the property involves or is adjacent to First Nations lands

What schedules should be included in a Agreement To Sell With Possession?

1. Property Description Schedule: Detailed legal description and any relevant plans or surveys of the property

2. Payment Schedule: Detailed breakdown of payment terms, amounts, and dates

3. Possession Agreement: Detailed terms and conditions of possession arrangement

4. Property Condition Report: Documentation of property condition at time of possession

5. Insurance Requirements: Detailed insurance requirements for both parties

6. Permitted Use Guidelines: Specifications for how the property may be used during the possession period

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Agriculture

Commercial Property

Residential Property

Legal Services

Insurance

Property Management

Construction

Real Estate Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Operations

Contract Administration

Business Development

Investment

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Contract Administrator

Real Estate Developer

Property Development Manager

Land Title Officer

Corporate Lawyer

Real Estate Investment Manager

Legal Operations Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Land Contract For Sale

A legally binding agreement for the purchase and sale of real property in Canadian jurisdictions, outlining terms and conditions for land transfer.

find out more

Dog Sale Contract

A Canadian-law governed agreement for the sale and transfer of ownership of a dog, including health guarantees and ownership responsibilities.

find out more

Dog Bill Of Sale

A Canadian legal document that formalizes the sale and transfer of ownership of a dog, ensuring compliance with provincial and federal regulations while protecting both buyer's and seller's interests.

find out more

Deed Of Sale Form For Car

A legal document for vehicle ownership transfer in Canada, detailing sale terms and complying with federal and provincial requirements.

find out more

Commission Sales Agreement

A Canadian-law governed agreement establishing terms for commission-based sales representation, including compensation structure and performance requirements.

find out more

Land For Sale Land Contract

A legally binding agreement for land sale transactions in Canada, outlining terms and conditions for property transfer from seller to buyer.

find out more

Deed Of Sale For Property

A legally binding document under Canadian law that transfers real property ownership from seller to buyer, containing all essential terms and conditions of the sale.

find out more

Sale Agreement Of Immovable Property

A legally binding agreement used in Canadian jurisdictions to document and facilitate the transfer of real estate ownership between a vendor and purchaser, outlining all essential terms and conditions of the sale.

find out more

Real Estate Installment Sales Contract

A Canadian-law governed agreement for the sale of real estate property through scheduled installment payments, with the seller retaining title until full payment is received.

find out more

Contract To Sell

A Canadian-law governed agreement documenting terms and conditions for the sale of goods between parties, compliant with federal and provincial regulations.

find out more

Farm Purchase Agreement

A Canadian legal agreement for the purchase and sale of agricultural property, including land, buildings, equipment, and associated rights under federal and provincial jurisdiction.

find out more

Non Compete Agreement Sale Of Business

A Canadian legal agreement that prevents a business seller from competing with the sold business, including specific temporal and geographic restrictions.

find out more

Sale Of Business As A Going Concern Agreement

A Canadian law-governed agreement for the transfer of an operational business entity, including all assets, liabilities, and ongoing operations from vendor to purchaser.

find out more

Agreement To Sell With Possession

A Canadian legal agreement that combines property sale terms with immediate possession arrangements, allowing the buyer to occupy the property before the sale closes.

find out more

Form For Sale Of Vehicle

A Canadian-compliant agreement template for vehicle sales transactions, suitable for use by private individuals, businesses, and dealerships.

find out more

Used Equipment Sales Agreement

A Canadian-law governed agreement for the sale and purchase of used equipment, defining terms, conditions, and obligations for both parties.

find out more

Offer To Sell

A Canadian-compliant formal written proposal from a seller to a buyer, detailing terms and conditions for the sale of goods, services, or assets.

find out more

Vehicle Purchase Form

A standardized form for vehicle purchases in Canada, documenting sale terms and ensuring regulatory compliance across Canadian jurisdictions.

find out more

Contract To Sell Land

A legally binding agreement for the sale and transfer of land in Canada, compliant with federal and provincial property laws.

find out more

Lease To Purchase Contract

A Canadian legal agreement combining a property lease with a future purchase option, structured according to federal and provincial property laws.

find out more

Real Estate Listing Contract

A Canadian-jurisdiction agreement between a property owner and real estate brokerage establishing terms for marketing and selling real property.

find out more

Definitive Purchase Agreement

A Canadian law-governed agreement that finalizes the terms and conditions for the purchase and sale of a business, its assets, or shares in an M&A transaction.

find out more

Furniture Sale Agreement

A Canadian-law governed agreement establishing terms and conditions for furniture sales, including delivery, warranties, and payment terms.

find out more

Software Sales Contract

A Canadian-law governed agreement for software sales and licensing, defining terms between vendor and purchaser including rights, obligations, and compliance requirements.

find out more

Sales Rep Agreement

Canadian-law governed agreement establishing terms for independent sales representation, including commission structure and territorial rights.

find out more

Sale Deed Agreement

A Canadian legal document that transfers property ownership from seller to buyer, complying with federal and provincial property laws and registration requirements.

find out more

Export Sale Contract

A Canadian law-governed contract establishing terms for international sale and export of goods, including delivery, payment, and regulatory compliance requirements.

find out more

Contract To Sell Motor Vehicle

A Canadian-law governed agreement for the sale and transfer of ownership of a motor vehicle, detailing terms, conditions, and legal requirements of the transaction.

find out more

Vehicle Sale Deed Agreement

A Canadian legal document formalizing vehicle ownership transfer between parties, detailing sale terms and ensuring compliance with federal and provincial regulations.

find out more

Vehicle Offer And Sale Agreement

A Canadian-compliant legal agreement documenting the terms and conditions for the sale and purchase of a vehicle, ensuring protection for both seller and buyer.

find out more

Sale Of Agreement For Land

A Canadian legal agreement documenting the terms and conditions for the transfer of land ownership between a vendor and purchaser, governed by federal and provincial laws.

find out more

Manufacturer Representative Agreement

A Canadian law-governed agreement establishing terms between a manufacturer and sales representative for product promotion and sales within a defined territory.

find out more

Land Sale Agreement Form

A standardized legal document for real property transfers in Canada, outlining terms and conditions of sale while ensuring compliance with Canadian property law.

find out more

Exclusive Sales Contract

A Canadian-law governed agreement establishing exclusive sales rights between a supplier and sales representative, defining territory, terms, and performance requirements.

find out more

Agreement To Sell Personal Property Form

A Canadian legal agreement for the sale and transfer of personal property, establishing terms, conditions, and obligations for both buyer and seller.

find out more

Pleasure Craft Sales Contract

A Canadian-law governed contract for the sale and purchase of pleasure craft vessels, including terms of sale, vessel specifications, and ownership transfer requirements.

find out more

Bona Fide Sales Contract

A Canadian law-governed contract formalizing the sale and purchase of goods, detailing terms, conditions, and obligations of both parties.

find out more

Agreement To Sell House

A Canadian legal contract documenting the terms and conditions for the sale and purchase of residential property, ensuring compliance with federal and provincial real estate laws.

find out more

Lease Option Property For Sale

A Canadian legal document combining a property lease agreement with an option to purchase, establishing terms for both rental period and potential future sale under Canadian law.

find out more

Motor Vehicle Retail Installment Sales Contract

A Canadian-compliant contract for the sale and financing of motor vehicles through installment payments, combining purchase terms with financing arrangements.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now