Sales Contract In (Real Estate) for Canada

Sales Contract In (Real Estate) Template for Canada

A Canadian Real Estate Sales Contract is a legally binding agreement that facilitates the transfer of real property ownership from seller to buyer in accordance with Canadian federal and provincial laws. The document outlines all essential terms of the transaction, including property details, purchase price, payment terms, conditions precedent, and closing requirements. It incorporates specific provisions required by Canadian legislation, such as compliance with the Real Estate and Business Brokers Act (REBBA) where applicable, and addresses provincial land transfer tax requirements. The contract serves as the primary instrument for documenting the agreed-upon terms of the property sale and ensuring all parties' rights and obligations are clearly defined under Canadian law.

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What is a Sales Contract In (Real Estate)?

The Sales Contract In (Real Estate) is a fundamental document in Canadian real estate transactions, used whenever real property is being transferred from one party to another through a sale. This contract type is essential for both residential and commercial property transactions across Canada, incorporating federal requirements while adapting to specific provincial regulations. The document typically includes comprehensive details about the property, purchase price, payment terms, conditions of sale, and closing requirements. It must comply with various legislation including the Real Estate and Business Brokers Act (REBBA), Land Registration Reform Act, and provincial property laws. The contract serves as the primary reference point for all parties involved in the transaction, including real estate agents, lawyers, and financial institutions, and forms the basis for the eventual transfer of property title. It's particularly important in protecting both buyers' and sellers' interests by clearly documenting all aspects of the agreement and ensuring compliance with Canadian real estate law.

What sections should be included in a Sales Contract In (Real Estate)?

1. Parties: Identification of the seller and buyer, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the transaction, including brief property description and intention to buy/sell

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

4. Property Description: Detailed legal description of the property, including address, lot number, and registration details

5. Purchase Price and Payment: Total purchase price, deposit amount, payment schedule, and method of payment

6. Closing: Closing date, time, and location; conditions for closing; and closing adjustments

7. Representations and Warranties: Seller's declarations about property condition, title, and encumbrances; buyer's warranties regarding financing

8. Title and Ownership: Provisions regarding clean title transfer, title insurance, and handling of title defects

9. Conditions Precedent: Conditions that must be met before closing, including financing, inspection, and title search

10. Property Inspection: Rights and timeline for property inspection, process for addressing issues found

11. Risk and Insurance: Allocation of risk and responsibility for insurance until closing

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

13. Notices: How and where formal notices between parties should be delivered

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

What sections are optional to include in a Sales Contract In (Real Estate)?

1. Tenant Rights and Obligations: Required if property is currently tenanted, addressing lease assignments and tenant rights

2. Condominium Provisions: Required for condominium sales, including status certificate requirements and condo corporation rules

3. Chattels and Fixtures: Used when specific items of personal property are included/excluded from sale

4. Environmental Matters: Required when environmental issues are known or suspected

5. HST/GST Provisions: Required for new construction or commercial properties subject to HST/GST

6. Development Conditions: Used when property has development potential requiring specific conditions

7. Multiple Buyer Provisions: Required when there are multiple buyers, addressing joint ownership structure

8. Mortgage Assumption: Used when buyer is assuming existing mortgage

What schedules should be included in a Sales Contract In (Real Estate)?

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

2. Schedule B - Included Chattels: List of movable items included in the sale

3. Schedule C - Excluded Fixtures: List of attached items that are excluded from the sale

4. Schedule D - Permitted Encumbrances: List of accepted liens, easements, or encumbrances

5. Schedule E - Required Repairs: List of repairs agreed to be completed before closing

6. Schedule F - Property Disclosure Statement: Seller's detailed disclosure about property condition

7. Schedule G - Purchase Price Adjustments: Details of pro-rated items and closing adjustments

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

Contract to Sell

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Insurance

Legal Services

Property Management

Urban Planning

Architecture

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Commercial Operations

Risk Management

Compliance

Finance

Operations

Document Processing

Transaction Services

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Lawyer

Notary Public

Title Examiner

Mortgage Specialist

Property Manager

Real Estate Developer

Construction Manager

Property Inspector

Real Estate Paralegal

Closing Coordinator

Real Estate Transaction Manager

Commercial Real Estate Agent

Real Estate Investment 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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