Earnest Money Addendum Template for Canada

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Key Requirements PROMPT example:

Earnest Money Addendum

"I need an Earnest Money Addendum for a residential property purchase in Ontario, with a standard 5% deposit to be held in trust by ABC Realty, and the deposit needs to be made by January 15, 2025."

Document background
The Earnest Money Addendum is a critical component of Canadian real estate transactions, used whenever a deposit is required to secure a property purchase. This document is typically attached to the main purchase agreement and details specific terms regarding the handling of earnest money deposits, which vary by province. It becomes necessary when parties need to establish clear terms for deposit amounts, payment schedules, and release conditions. The addendum ensures compliance with provincial real estate regulations and trust account requirements, while protecting both parties' interests. It's particularly important in situations involving multiple deposits, specific release conditions, or when special handling of funds is required. The document must align with provincial real estate laws and regulations, making it essential to adapt the content based on the specific Canadian province where the transaction occurs.
Suggested Sections

1. Parties: Identification of the Buyer, Seller, and any other relevant parties (such as the escrow agent or brokerage holding the deposit)

2. Background: Reference to the main purchase agreement, including date and property details

3. Definitions: Key terms used in the addendum, including 'Earnest Money', 'Deposit Holder', and 'Release Conditions'

4. Earnest Money Amount and Payment: Specific amount of the earnest money deposit and payment method, including deadline for payment

5. Deposit Holder: Identity of the party holding the earnest money and their responsibilities

6. Release Conditions: Conditions under which the earnest money will be released to either party

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

8. Integration: Statement confirming this addendum as part of the purchase agreement

Optional Sections

1. Multiple Deposits: Section used when earnest money will be paid in multiple installments

2. Interest Earnings: Section addressing the handling of any interest earned on the deposit while in trust

3. Additional Holdbacks: Used when specific conditions require holding back portions of the earnest money

4. Dispute Resolution: Optional detailed process for resolving disputes about the earnest money

5. Alternative Deposit Forms: Used when accepting non-cash forms of earnest money (e.g., letters of credit)

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed schedule of payment dates and amounts (if multiple deposits)

2. Schedule B - Deposit Release Authorization Form: Standard form for authorizing release of the earnest money

3. Appendix 1 - Trust Account Details: Details of the trust account where earnest money will be held

4. Appendix 2 - Specific Release Instructions: Detailed instructions for various scenarios requiring deposit release

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 Industries

Real Estate

Property Development

Commercial Property

Residential Property

Legal Services

Financial Services

Construction

Property Management

Banking

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Transaction Processing

Contract Administration

Trust Administration

Risk Management

Business Development

Client Relations

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Lawyer

Real Estate Partner

Escrow Officer

Trust Account Manager

Real Estate Transaction Coordinator

Legal Counsel

Compliance Officer

Real Estate Development Manager

Contract Administrator

Property Development Director

Real Estate Associate

Title Officer

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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