The Pre-Possession Agreement is essential in situations where a buyer needs to occupy a property before the official closing date of a real estate transaction in Canada. This might occur due to various circumstances such as the seller's early vacancy, the buyer's immediate housing needs, or coordination of possession dates between properties. The agreement falls under provincial jurisdiction and must comply with local real estate and property laws. It typically includes comprehensive details about possession terms, maintenance responsibilities, insurance requirements, payment arrangements, and risk allocation. The document serves as a critical risk management tool by establishing clear legal frameworks for the pre-possession period, protecting both parties' interests, and preventing potential disputes. Key considerations include liability coverage, property maintenance standards, utility responsibilities, and the relationship with the main purchase agreement.

1. Parties: Identification of the Seller and Buyer, including full legal names and addresses

2. Background: Context of the agreement, including reference to the main purchase agreement and reason for pre-possession

3. Definitions: Key terms used throughout the agreement, including Property, Possession Date, Closing Date, etc.

4. Possession Terms: Specific details about when and how possession will be granted, including duration

5. Purchase Agreement Reference: Confirmation that the original Purchase Agreement remains in effect and this agreement is supplementary

6. Payment Terms: Details of any fees, deposits, or rent payments required for the pre-possession period

7. Insurance Requirements: Mandatory insurance coverage requirements for both parties during the pre-possession period

8. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the pre-possession period

9. Utilities and Expenses: Allocation of responsibility for utilities, property taxes, and other ongoing expenses

10. Risk and Liability: Assignment of risk and liability during the pre-possession period

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

12. Termination: Circumstances under which the agreement can be terminated and the process

13. General Provisions: Standard clauses including entire agreement, amendments, governing law, etc.