Seller Financed Mortgage Contract Template for Canada

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Key Requirements PROMPT example:

Seller Financed Mortgage Contract

"Need a Seller Financed Mortgage Contract for a commercial property in Vancouver, with a 30% down payment and 10-year term, including quarterly payments and a balloon payment at the end of term in March 2025; must include provisions for tenant assignments and environmental compliance."

Document background
The Seller Financed Mortgage Contract is utilized in situations where traditional bank financing may not be available or desired, allowing property sellers to act as lenders while maintaining security interest in the property. This arrangement is particularly common in commercial real estate transactions, private sales, or situations where buyers may not qualify for conventional mortgage financing. The document must carefully balance the interests of both parties while ensuring compliance with Canadian federal regulations and provincial requirements regarding interest rates, property transfer, and mortgage registration. The contract includes detailed provisions for payment terms, security arrangements, default remedies, and property maintenance obligations, structured to protect both the seller's financial interest and the buyer's property rights. This type of agreement requires careful consideration of both real estate and lending regulations, making it more complex than standard property sale agreements.
Suggested Sections

1. Parties: Identifies and provides full legal details of the Seller/Lender and Buyer/Borrower

2. Background: Explains the context of the transaction, including the seller's willingness to provide financing and the buyer's desire to purchase with seller financing

3. Definitions: Defines key terms used throughout the agreement including Property, Principal Amount, Interest Rate, and Payment Terms

4. Property Description: Detailed legal description of the property being sold and mortgaged

5. Purchase Price and Financing Terms: Specifies the total purchase price, down payment, and amount being financed by the seller

6. Interest Rate and Payment Terms: Details of the interest rate, payment schedule, payment amounts, and amortization period

7. Security and Registration: Describes the mortgage security and registration requirements on the property

8. Insurance Requirements: Specifies required property insurance and other insurance obligations

9. Property Taxes and Other Charges: Addresses responsibility for property taxes, utilities, and other ongoing charges

10. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and the property

11. Default and Remedies: Defines events of default and the seller's remedies, including foreclosure rights

12. Prepayment Terms: Specifies conditions and any penalties for early payment of the mortgage

13. Transfer and Assignment: Rules regarding the transfer of the property or assignment of the mortgage

14. Notice Requirements: How and where formal notices must be delivered between parties

15. Governing Law: Specifies that Canadian law and the relevant provincial jurisdiction govern the agreement

Optional Sections

1. Due on Sale Clause: Optional clause that makes the entire mortgage due if the property is sold - may not be desired if the seller wants to allow assumption of the mortgage

2. Balloon Payment: Include only if the payment structure includes a large final payment

3. Property Management and Maintenance: Additional requirements for property upkeep - particularly relevant for commercial properties

4. Environmental Warranties: Particularly important for commercial properties or properties with known environmental history

5. Secondary Financing: Rules regarding the buyer's ability to obtain additional financing - include if relevant to the transaction

6. Personal Guarantees: Include when additional personal guarantees are required from principals of a corporate buyer

7. Escrow Requirements: Include if tax and insurance payments are to be escrowed rather than paid directly by the buyer

8. Cross-Collateralization: Include if multiple properties are involved or if other assets are securing the loan

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and easements

2. Schedule B - Payment Schedule: Detailed amortization schedule showing all payments, principal and interest breakdowns

3. Schedule C - Insurance Requirements: Detailed specifications for required insurance coverage

4. Schedule D - Property Condition Report: Documented condition of the property at time of sale

5. Schedule E - Environmental Reports: Any environmental assessments or reports if applicable

6. Appendix 1 - Property Photos: Dated photographs documenting the property condition

7. Appendix 2 - Required Repairs: List of any repairs or improvements required as conditions of the agreement

8. Appendix 3 - Title Documents: Copies of relevant title documents and searches

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

Financial Services

Property Development

Construction

Commercial Property

Residential Property

Legal Services

Insurance

Property Management

Private Lending

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Property Management

Investment

Operations

Documentation

Due Diligence

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Mortgage Broker

Financial Advisor

Legal Counsel

Contract Administrator

Risk Manager

Chief Financial Officer

Property Developer

Real Estate Investment Manager

Compliance Officer

Title Examiner

Real Estate Portfolio Manager

Financial Controller

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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