Contract To Sell Condominium for Canada

Contract To Sell Condominium Template for Canada

A Contract to Sell Condominium is a legally binding agreement used in Canadian jurisdictions for the transfer of ownership of a condominium unit from a seller to a buyer. The document complies with provincial condominium legislation and real estate laws, incorporating mandatory disclosure requirements, statutory cooling-off periods, and specific provisions related to condominium ownership. It details the terms and conditions of the sale, including purchase price, payment terms, closing conditions, and obligations of both parties, while addressing unique aspects of condominium ownership such as common elements, maintenance fees, and compliance with condominium corporation bylaws.

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What is a Contract To Sell Condominium?

The Contract to Sell Condominium is essential for any transaction involving the sale of a condominium unit in Canada. This document is used when a property owner wishes to transfer ownership of their condominium unit to a purchaser, ensuring compliance with provincial condominium legislation and real estate regulations. The agreement includes crucial details about the property, purchase price, payment terms, and closing conditions, while addressing specific aspects of condominium ownership such as common elements, maintenance fees, and corporation bylaws. It's designed to protect both parties' interests and ensure transparency in the transaction, incorporating mandatory disclosure requirements and statutory rights. The document is particularly important in Canadian jurisdictions where condominium sales are subject to specific legislative requirements and consumer protection measures.

What sections should be included in a Contract To Sell Condominium?

1. Parties: Identification of the Vendor and Purchaser with full legal names and addresses

2. Background: Context of the transaction and brief description of the condominium property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the condominium unit, including unit number, level, building address, and parking/storage units

5. Purchase Price: Statement of the purchase price, deposit structure, and payment terms

6. Closing Date: Specified date for completion of the transaction and conditions for extensions

7. Condominium Documents: List of required condominium documents to be provided to the purchaser

8. Vendor's Representations and Warranties: Vendor's declarations regarding the property's condition, title, and compliance with laws

9. Purchaser's Representations and Warranties: Purchaser's declarations regarding financial capability and understanding of the agreement

10. Closing Conditions: Conditions that must be satisfied before closing

11. Title and Due Diligence: Requirements for clear title and purchaser's due diligence rights

12. Adjustments: Details of adjustments to be made on closing (taxes, maintenance fees, etc.)

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

14. General Provisions: Standard contract clauses including notices, assignment, and governing law

What sections are optional to include in a Contract To Sell Condominium?

1. Financing Conditions: Include when purchaser requires mortgage financing to complete the purchase

2. Home Inspection: Include when purchaser wishes to conduct a home inspection

3. Rental Property Provisions: Include if the unit is currently tenanted or subject to lease

4. HST Rebate: Include for new construction units where HST rebate is applicable

5. Assignment Rights: Include if assignment of the agreement is to be permitted

6. Furniture and Chattels: Include if specific furniture or chattels are included in the sale

7. Pre-Construction Provisions: Include for pre-construction units with specific completion timelines and warranties

8. Status Certificate Review: Include when purchase is conditional on review of status certificate

What schedules should be included in a Contract To Sell Condominium?

1. Schedule A - Legal Description: Full legal description of the property from land registry

2. Schedule B - Included Items: List of fixtures, appliances, and other items included in the purchase

3. Schedule C - Excluded Items: List of items specifically excluded from the sale

4. Schedule D - Common Element Details: Description of common elements and exclusive use areas

5. Schedule E - Financial Disclosure: Detailed breakdown of purchase price, deposits, and payment schedule

6. Schedule F - Condominium Documents: List of all condominium corporation documents provided

7. Appendix 1 - Floor Plans: Unit floor plans and measurements

8. Appendix 2 - Parking/Storage Plan: Layout and details of parking and storage units

9. Appendix 3 - Status Certificate: Current status certificate from the condominium corporation

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

Cost

Free to use
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