Residential Resale Condominium Property Purchase Contract for Canada

Residential Resale Condominium Property Purchase Contract Template for Canada

This is a legally binding agreement used in Canadian jurisdictions for the purchase and sale of previously owned condominium units. The contract outlines all essential terms and conditions of the transaction, including property details, purchase price, closing conditions, and obligations of both parties. It incorporates specific provisions required by provincial condominium legislation, including status certificate requirements, disclosure obligations, and compliance with condominium corporation bylaws. The document serves as the primary instrument for transferring ownership rights while ensuring compliance with provincial real estate and condominium laws.

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What is a Residential Resale Condominium Property Purchase Contract?

The Residential Resale Condominium Property Purchase Contract is a specialized legal document used in Canadian real estate transactions for previously owned condominium properties. This contract type is essential when transferring ownership of a condominium unit from an existing owner to a new buyer, incorporating specific requirements under provincial condominium legislation and real estate laws. It differs from standard residential purchase agreements by including provisions specific to condominium ownership, such as status certificate reviews, common element considerations, and compliance with condominium corporation bylaws. The document is designed to protect both buyer and seller interests while ensuring transparency about the unique aspects of condominium ownership, including shared facilities, maintenance fees, and governance structure.

What sections should be included in a Residential Resale Condominium Property Purchase Contract?

1. Parties: Identification of the buyer(s) and seller(s) with full legal names and current addresses

2. Background: Context of the transaction, including property identification and intention to sell/purchase

3. Definitions: Key terms used throughout the agreement, including legal and technical terminology

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

5. Purchase Price: Total purchase price, deposit structure, and payment terms

6. Deposit: Amount, payment schedule, and handling of deposit funds

7. Included Items: List of fixtures, appliances, and other items included in the sale

8. Excluded Items: Items specifically excluded from the sale

9. Closing Date: Specified date and time for completion of the transaction

10. Title and Ownership: Warranties regarding clear title and ownership transfer requirements

11. Condominium Status Certificate: Requirements and timing for delivery and review of the status certificate

12. Representations and Warranties: Standard declarations by both parties regarding the property and their capacity to enter into the agreement

13. Conditions Precedent: Essential conditions that must be met before the agreement becomes firm, including financing and status certificate review

14. Closing Procedures: Details of the closing process, including documentation and funds transfer requirements

15. Default and Remedies: Consequences and available remedies if either party defaults

16. Notices: How and where formal notices under the agreement must be delivered

17. General Provisions: Standard legal clauses including entire agreement, governing law, and amendment procedures

18. Execution: Signature blocks and date of agreement

What sections are optional to include in a Residential Resale Condominium Property Purchase Contract?

1. Rental Units: Required when the unit is currently tenanted, specifying lease details and tenant rights

2. HST Certificate: Required for new or substantially renovated units subject to HST

3. Property Management: Required when specific arrangements need to be made regarding property management transition

4. Renovation Agreement: Required when buyer plans specific renovations that need pre-approval

5. Bridge Financing: Required when buyer needs to coordinate closing with sale of existing property

6. Foreign Buyer Provisions: Required when buyer is a non-resident of Canada

7. Mortgage Assumption: Required when buyer is assuming seller's existing mortgage

8. Special Assessments: Required when there are pending or ongoing special assessments by the condo corporation

What schedules should be included in a Residential Resale Condominium Property Purchase Contract?

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

2. Schedule B - Included Items: Detailed list of all fixtures, appliances, and items included in sale

3. Schedule C - Excluded Items: Detailed list of items specifically excluded from sale

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

5. Schedule E - Condominium Documents: List of required condominium documents to be provided

6. Schedule F - Condition Removal Dates: Timeline for satisfaction or waiver of conditions

7. Schedule G - Financial Terms: Detailed breakdown of purchase price, deposits, and payment schedule

8. Appendix 1 - Floor Plan: Unit floor plan and measurements

9. Appendix 2 - Parking/Storage Plan: Layout and identification of parking and storage units

10. Appendix 3 - Status Certificate: Copy of current status certificate when received

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
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Financial Services

Property Management

Insurance

Construction

Property Development

Banking

Public Administration

Relevant Teams

Legal

Real Estate

Property Management

Mortgage Services

Title Insurance

Document Processing

Compliance

Client Services

Real Estate Administration

Risk Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Real Estate Lawyer

Property Manager

Mortgage Broker

Title Insurance Officer

Legal Assistant

Paralegal

Condominium Manager

Real Estate Conveyancer

Banking Officer

Compliance Officer

Real Estate Administrator

Property Assessment Officer

Legal Document Specialist

Industries
Real Estate and Business Brokers Act (REBBA): Provincial legislation that regulates real estate transactions and professionals, ensuring consumer protection and professional standards in real estate dealings
Condominium Act: Provincial legislation that governs the creation, sale, and management of condominiums, including requirements for disclosure statements, reserve funds, and corporation governance
Land Registration Reform Act: Provincial legislation that governs the registration and transfer of real property interests, including condominiums
Planning Act: Provincial legislation that controls land use and development, affecting property rights and restrictions
Proceeds of Crime (Money Laundering) and Terrorist Financing Act: Federal legislation requiring reporting of large cash transactions and suspicious transactions in real estate dealings
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation governing the collection, use, and disclosure of personal information in commercial transactions
Consumer Protection Act: Provincial legislation providing general consumer protection rights and remedies in commercial transactions
Residential Tenancies Act: Provincial legislation that may affect the purchase if the condominium unit is currently tenanted
Bank Act: Federal legislation governing mortgage lending and financial institutions involved in real estate transactions
Municipal Building Codes and Bylaws: Local regulations affecting property use, maintenance, and modifications in condominiums
Teams

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