Contract To Buy And Sell Real Estate Residential Template for Canada

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Key Requirements PROMPT example:

Contract To Buy And Sell Real Estate Residential

"I need a Contract To Buy And Sell Real Estate Residential for a condominium purchase in Toronto, Ontario, with a closing date of March 15, 2025, that includes specific provisions for existing tenant rights and the transfer of parking space ownership."

Document background
The Contract To Buy And Sell Real Estate Residential is a fundamental legal document used in Canadian residential property transactions. It is essential when any party wishes to purchase or sell residential real estate in Canada, whether it's a single-family home, condominium, townhouse, or other residential property. The contract incorporates requirements from various Canadian federal and provincial laws, including the Real Estate and Business Brokers Act, Land Registration Reform Act, and relevant consumer protection legislation. It provides a comprehensive framework for the transaction, including property details, purchase price, payment terms, conditions of sale, warranties, and closing requirements. This document is crucial for protecting both buyers' and sellers' interests and ensuring a legally compliant property transfer. It must be carefully drafted to account for provincial variations in real estate law while maintaining all essential elements of a valid Canadian real estate contract.
Suggested Sections

1. Parties: Identifies and provides full legal names and addresses of the buyer(s) and seller(s)

2. Background: Brief context setting out the intention to buy/sell residential real estate

3. Definitions: Defines key terms used throughout the agreement

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

5. Purchase Price: States the total purchase price and breaks down the deposit and payment structure

6. Deposit: Specifies deposit amount, payment timing, and how it will be held in trust

7. Closing Date: Specifies the date of closing and transfer of possession

8. Title: Seller's warranty of clear title and buyer's right to title search

9. Included Items: Lists all fixtures and chattels included in the purchase price

10. Excluded Items: Specifies items explicitly excluded from the sale

11. Conditions Precedent: Lists conditions that must be satisfied before the agreement becomes firm

12. Representations and Warranties: Standard warranties about property condition, authority to sell, and disclosed defects

13. Closing Requirements: Details the documents and requirements needed to complete the transaction

14. Property Insurance: Requirements for maintaining insurance until closing

15. Risk: Allocation of risk of damage before closing

16. Property Condition: Statement of property condition and inspection rights

17. Default: Consequences of default by either party

18. Notices: How formal notices must be given between parties

19. General Provisions: Standard boilerplate clauses including entire agreement, amendment process, and governing law

Optional Sections

1. Mortgage Financing: Include when buyer requires mortgage financing, specifying terms and conditions

2. Property Management: Include for properties with existing tenant agreements or lease arrangements

3. Swimming Pool/Hot Tub Compliance: Include when property includes these features, addressing safety and compliance requirements

4. Special Assessments: Include for condominiums or properties with pending special assessments

5. Heritage Property Requirements: Include if property is designated as heritage or in a heritage conservation district

6. Environmental Matters: Include if property has known environmental issues or requires environmental assessment

7. GST/HST: Include for new construction or substantially renovated properties

8. Rental Items: Include if property has rental equipment (water heater, HVAC, etc.)

9. Survey Requirements: Include when new survey is required or existing survey needs certification

10. Home Warranty: Include for newer properties with transferable warranty coverage

Suggested Schedules

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

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

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

4. Schedule D - Title Searches: Results of title searches and list of permitted encumbrances

5. Schedule E - Property Disclosure Statement: Seller's disclosure of known property issues and defects

6. Schedule F - Home Inspection Report: Findings from professional home inspection

7. Schedule G - Condominium Documents: Required documentation for condominium properties

8. Schedule H - Property Survey: Current survey of property showing boundaries and structures

9. Appendix 1 - Property Photographs: Dated photographs documenting property condition

10. Appendix 2 - Floor Plans: Current floor plans of the property

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Financial Services

Insurance

Property Management

Construction

Property Development

Banking

Mortgage Lending

Property Inspection Services

Title Services

Property Appraisal Services

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Documentation

Title Services

Mortgage Services

Transaction Processing

Client Relations

Business Development

Investment Advisory

Due Diligence

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Lawyer

Notary Public

Mortgage Broker

Real Estate Legal Assistant

Title Examiner

Property Manager

Real Estate Paralegal

Closing Coordinator

Real Estate Transaction Manager

Property Appraiser

Home Inspector

Real Estate Administrator

Compliance Officer

Real Estate Investment Advisor

Property Developer

Real Estate Partner

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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