Earnest Money Promissory Note for Canada

Earnest Money Promissory Note Template for Canada

A legally binding financial instrument used in Canadian jurisdictions that documents a promise to pay earnest money in connection with a transaction, typically real estate. The document outlines the specific amount promised, payment terms, and conditions under which the earnest money may be retained or returned. It combines elements of both promissory notes under the Bills of Exchange Act and specific provincial requirements for earnest money deposits, providing security to the transaction while establishing clear legal obligations and remedies for all parties involved.

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What is a Earnest Money Promissory Note?

The Earnest Money Promissory Note serves as a crucial document in Canadian transactions where a party needs to demonstrate serious intent to complete a purchase through a monetary commitment. This instrument is commonly used in real estate transactions but may also appear in other significant business deals. The document must comply with federal legislation (particularly the Bills of Exchange Act) and relevant provincial laws governing both promissory notes and real estate transactions. It typically includes the amount of earnest money promised, payment deadlines, conditions for forfeiture or return, and any applicable interest terms. The note provides security to the seller while giving the purchaser a clear record of their deposit commitment. This document type is especially important in competitive markets where sellers need strong assurance of buyer commitment.

What sections should be included in a Earnest Money Promissory Note?

1. Date and Parties: Identifies the date of execution and the parties: Maker (person promising to pay) and Payee (person receiving payment), including full legal names and addresses

2. Promise to Pay: Clear statement of the unconditional promise to pay, specifying the principal amount in both numbers and words

3. Reference to Underlying Transaction: Identifies the real estate transaction or agreement for which the earnest money is being provided

4. Payment Terms: Specifies when and how the payment is to be made, including due date and payment method

5. Interest Rate: States any applicable interest rate (if charged) and how it is calculated

6. Default Provisions: Outlines what constitutes default and the consequences thereof

7. Governing Law: Specifies that the note is governed by Canadian law and the applicable provincial jurisdiction

8. Signature Block: Space for signatures of maker and witness, with dates

What sections are optional to include in a Earnest Money Promissory Note?

1. Security Interest: Include when the note is secured by specific property or assets

2. Prepayment Terms: Include when early payment is allowed, specifying any conditions or penalties

3. Assignment Rights: Include when either party may need to transfer their rights under the note

4. Late Payment Penalties: Include when specific penalties for late payment are to be imposed

5. Acceleration Clause: Include when immediate payment of entire amount can be demanded upon specific triggers

6. Collection Costs: Include when the maker will be responsible for collection costs in case of default

What schedules should be included in a Earnest Money Promissory Note?

1. Schedule A - Payment Schedule: Include if payments are to be made in installments, detailing payment dates and amounts

2. Schedule B - Property Description: Include if the note is connected to a specific property transaction, providing legal description of the property

3. Schedule C - Security Agreement: Include if specific assets are being used as security for the note

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Real Estate

Financial Services

Legal Services

Property Development

Construction

Commercial Property Management

Residential Property Management

Banking

Investment Services

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Operations

Business Development

Investment

Contract Administration

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Attorney

Corporate Lawyer

Transaction Coordinator

Escrow Officer

Title Officer

Financial Manager

Contract Administrator

Legal Counsel

Compliance Officer

Real Estate Developer

Investment Manager

Business Development Manager

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

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