RESIDENTIAL REAL ESTATE PURCHASE CONTRACT
This Contract is between: |
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______________________________________________________________ |
THE SELLER |
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Name |
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And |
_______________________________________________________________ |
THE BUYER |
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Name |
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PROPERTY
1.1The Property is the Land, Buildings, Unattached and Attached Goods located at (municipal address):
__________________________________________________________________________________________
1.2The legal description of the Property is:
Plan ________ Block________ Lot ______ Condo Plan _______Unit No. ______ Parking Unit ______
Other______________________________________________________________________________________
1.3The unattached Goods (chattels) described as follows:
__________________________________________________________________________________________
__________________________________________________________________________________________
1.4All Attached Goods (fixtures) except for:
__________________________________________________________________________________________
__________________________________________________________________________________________
1.5Unless otherwise agreed in writing, title will be free and clear of all encumbrances, registrations and obligations except the following:
(a)those implied by law;
(b)non-financial obligations now on title such as easements, utility rights-of-way, covenants and conditions that are normally found registered against property of this nature and which do not affect the salability of the Property;
(c)homeowners association caveats, encumbrances and similar registrations; and
(d)those items which the Buyer agreed to assume in this Contract.
TRANSACTION
2.1The Buyer and the Seller agree to act cooperatively, reasonably, diligently and in good faith.
2.2Other than the Deposits, the Buyer shall pay the Purchase Price by certified cheque, lawyer's trust cheque, bank draft or other agreed value as follows:
$______________________ |
Initial Deposit |
$______________________ |
Additional Deposit |
$______________________ Assumption of Mortgage
(approximate principal balance)
$_______________________ |
New Financing |
$_______________________ |
Seller Financing |
$_______________________ |
Other Value |
$________________________ |
Balance Owing |
(subject to adjustments) |
$________________________ |
Purchase Price |
(unless otherwise agreed in writing, the Purchase Price includes any applicable Goods and Services Tax GST).
DEPOSITS
3.1All Deposits shall be delivered in trust to: ________________________________________________________________
3.2The Initial Deposit shall be deposited no later than the second Business Day following the day that his Contract is signed and accepted by both the Buyer and the Seller as per clause 15.1 (final acceptance) of this Contract. Additional Deposits shall be deposited no later than the second Business Day following the day the Additional Deposit is received by the seller’s lawyer.
3.3Any Additional Deposits shall be delivered as follows:_____________________________________________________
________________________________________________________________________________________________
3.4Unless otherwise agreed in writing, no interest on the Deposits shall be paid to the Seller or the Buyer.
3.5The Deposits shall be held in trust by the Seller’s lawyer for both the Seller and the Buyer and shall be:
(a)forthwith refunded to the Buyer if this offer is not accepted, a condition is not satisfied or waived (as per clause 8.4) or the Seller fails
to perform this Contract; and
(c)forfeited to the Seller if this offer is accepted and all conditions are satisfied or waived and the Buyer fails to perform on this Contract.
3.6If there is a dispute between the Seller and the Buyer as to entitlement to the Deposits then:
(a)the lawyer holding the Deposit shall review the circumstances, determine entitlement and pay the money to the party who is entitled to the Deposit;
CLOSING
4.1.1Unless otherwise agreed in writing, this Contract will be completed, the Purchase Price will be fully paid and vacant possession will be available by: noon on the _________day of ____________________ , ______ (the "Completion Day"), subject to the rights of the existing tenants, if any. If the Completion Day is not a Business Day, then conveyancing matters and payment of the Purchase Price will be completed by 12 noon on the preceding Business Day. Possession will be available on and adjustments will be made as of the Completion Day.
4.2Items which are normally adjusted for, such as real estate taxes, amortized local improvement levies, utilities, rents, security deposits, statutory interest on security deposits, mortgage interest and homeowners association fees will be assumed by the Buyer and will be adjusted as of noon on the Completion Day. All adjustable items are the Seller's responsibility for the entire Completion Day.
4.3If the Seller agrees in writing to accept late payment of the Purchase Price, then the Buyer will pay Interest to the Seller calculated daily from and including the Completion Day to (but excluding) the day the Seller is paid in full. Payment received after noon on any day will be payment as of the next Business Day. Interest means the prime lending rate of the Province of Alberta Treasury Branches at the Completion Day plus 3%.
4.4The Seller's lawyer may use the Purchase Price to pay out all mortgages, registrations and other financial obligations that are the Seller's obligation to discharge. Within a reasonable period of time after the Completion Day, the Seller's lawyer will provide the Buyer's lawyer with evidence of all discharges including, where required, a certified copy of the certificate of title.
4.5If the Buyer has not paid all of the Purchase Price, then the Seller may give the Buyer possession upon reasonable terms.
4.6When the Buyer obtains possession, the Property will be in substantially the same condition as it was in when this Contract was accepted.
4.7The Seller and the Seller's lawyer will deliver normal closing documents to the Buyer or the Buyer's lawyer upon reasonable conditions consistent with the terms of this Contract. The Buyer must have a reasonable period of time before the Completion Day to confirm registration of documents at the Land Titles Office and to obtain the advance of proceeds for any New Financing and Other Value.
4.8If the Seller fails to deliver the closing documents according to section 4, then payment of the Purchase Price and Interest will be postponed until the Buyer has received the closing documents and has a reasonable period of time to register them.
4.9The Seller will pay the costs to prepare the closing documents; to prepare, register and discharge any Seller's caveat based on this Contract; and to provide the documents described in clause 4.12.
4.10The Buyer will pay the costs to prepare, register and discharge any Buyer's caveat based on this Contract; and to register the transfer of land.
4.11If the Property is rented and the Buyer is not assuming the tenancy, then the Seller is responsible for all costs related to ending the tenancy and to giving vacant possession to the Buyer.
4.12At least ten (10) Business Days prior to the Completion Day, the Seller will provide the Buyer, regarding the matters described in clause 6.1, a real property report reflecting the current state of improvement on the Property, with evidence of municipal compliance or non-conformance. The Buyer and the Seller may agree in writing to obtain a policy of title insurance, regarding the matters in clause 6.1, to either replace or supplement the real property report.
INSURANCE
5.1The risk of loss or damage to the Property shall lie with the Seller until the Purchase Price is paid according to the terms of this Contract. If loss or damage to the Property occurs before the Seller is paid the Purchase Price, then any insurance proceeds shall be held in trust for the Buyer and the Seller according to their interests in the Property.
WARRANTIES AND REPRESENTATIONS
6.1The Seller represents and warrants to the Buyer that:
(a)the Seller has the legal right to sell the Property,
(b)the Attached Goods and Unattached Goods are in normal working order;
(c)the Seller is not a non-resident of Canada for the purposes of the Income Tax Act (Canada);
(d)the current use of the Land complies with the existing municipal land use bylaw;
(e)the Buildings and other improvements on the Land are not placed partly or wholly on any easement or utility right-of-way and are entirely on the Land and do not encroach on neighbouring lands, except where an encroachment agreement is in place; and
(f)the location of Buildings and other improvements on the Land complies with all relevant municipal bylaws, regulations or relaxations granted by the appropriate municipality prior to the Completion Day, or the Buildings and other improvements on the Land are "non- conforming buildings" as that term is defined in the Municipal Government Act (Alberta).
6.2All of the warranties contained in this Contract and any attached Schedules are made as of and will be true at the Completion Day, unless otherwise agreed in writing.
6.3Any action relating to a warranty or representation in this Contract must be started within one (1) year from the Completion Day. 6.4 The Seller and the Buyer each acknowledge that, except as otherwise described in this Contract, there are no other warranties, representations or collateral agreements made by or with the other party, the Seller's brokerage and the Buyer's brokerage about the Property, any neighbouring lands, and this transaction, including any warranty, representation or collateral agreement relating to the size/measurements of the Land and Buildings or the existence or non-existence of any environmental condition or problem.
ADDITIONAL TERMS
7.1All time periods, deadlines and dates in this Contract shall be strictly followed and enforced. All times will be Alberta time unless otherwise stated.
7.2This Contract is for the benefit of and shall be binding upon the heirs, executors, administrators and assigns of the individual parties and the successors and assigns of corporate parties.
7.3All changes of number and gender shall be made where required.
7.4Portions of this Contract may be enforced even if the Contract has ended.
7.5The following Schedules form part of this Contract:
____ Financing Schedule |
____Property Schedule |
7.6Additional terms of sale (if any): ________________________________________________________________________
__________________________________________________________________________________________________
CONDITIONS
8.1The Buyer's Conditions are:
(a)The Buyer will apply and be approved for New Financing as follows:
•loan amount $__________________ (plus mortgage insurance fee, if required), interest rate not to exceed
_______________(________%) percent a year calculated semi-annually not in advance
•a term of not less than________________ years
•payment of $_______________________
•payments to include taxes _____Yes _____ No
The Buyer will pay for all costs associated with the New Financing including the costs to prepare and register any New Financing Security.
Before 9 p.m. on _____________________________________(the "Condition Day").
(b)This Contract is subject to the Buyer's approval of a Property Inspection as per attached Property Inspection Schedule. _____Yes
_____ No
Before 9 p.m. on _____________________________________ (the "Condition Day").
(c)This Contract is subject to the Buyer's Condition regarding Condominium Documents, as per attached Property Schedule.
______Yes _______ No
Before 9 p.m. on _____________________________________ (the "Condition Day").
(d)This Contract is subject to the sale of the Buyer's home, as per attached "Sale of Buyer's Home" Schedule.
_____ Yes ________ No
Before 9 p.m. on _____________________________________ (the "Condition Day").
(e)Additional Buyer's Conditions:
___________________________________________________________________________________
___________________________________________________________________________________
Before 9 p.m. on _____________________________________ (the "Condition Day").
8.2The Seller's Conditions are:
___________________________________________________________________________________
___________________________________________________________________________________
Before 9 p.m. on _____________________________________ (the "Condition Day").
8.3Unless otherwise agreed in writing, the Buyer's Conditions are for the sole benefit of the Buyer and the Seller's Conditions are for the sole benefit of the Seller.
8.4The Buyer and the Seller may unilaterally waive or satisfy their Conditions by giving a Notice to the other party (the "Notice") on the stated Condition Day.
8.5Provided that the Buyer or the Seller, as the case may be, uses reasonable efforts to satisfy the Condition(s), if the Notice has not been given on the stated Condition Day, then this Contract is ended.
REMEDIES/DISPUTES
9.1If the Seller or the Buyer fails or refuses to complete this Contract according to its terms, then the other party may pursue all available remedies. The Seller's remedies include keeping the Deposits and claiming additional damages. Both the Seller and the Buyer can claim reasonable costs including legal fees and disbursements on a solicitor/client full indemnity basis.
9.2If the Seller must restore title to the Land, enforce a lien against the Property or regain possession of the Property due to the Buyer's default, then the Buyer will pay the Seller's reasonable costs including legal fees and disbursements on a solicitor/client full indemnity basis.
ADVICE/DISCLOSURE
10.1This Contract is intended to create binding legal obligations. The Seller and the Buyer should read this Contract carefully and are free to obtain legal advice before signing.
10.2The Buyer may wish to obtain an independent property inspection and verify the measurements of the Property.
10.3Unless there is a dual agency or another written agreement, the Seller's brokerage represents the Seller as Seller's Agent and does not have a fiduciary relationship with the Buyer, and the Buyer's brokerage represents the Buyer as Buyer's Agent and does not have a fiduciary relationship with the Seller.
10.4The Seller and the Seller's brokerage have signed a Listing Contract. The Seller directs the Seller's lawyer to honour the terms of the Listing Contract and in particular to close the transaction according to the irrevocable assignment of the Purchase Price contained in the Listing Contract.
10.5This Contract may be signed and sent by fax and this procedure will be as effective as signing and delivering an original copy.
DEFINITIONS
11.1In this Agreement:
(a)Business Day means a day when both the Land Titles Office and the Schedule "A" chartered banks are open for business.
(b)Buyer's Agent means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Buyer.
(c)Commission means the sum owing from the Seller for services rendered under the Listing Contract plus GST.
(d)Completion Day is the day described in clause 4.1.
(e)Deposits mean the Initial Deposit plus all Additional Deposits.
(f)Seller's Agent means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Seller.
(g)Unless otherwise agreed in writing means a written agreement by letter or otherwise between the Seller or the Seller's lawyer and the Buyer or the Buyer's lawyer.
REPRESENTATIVES/NOTICE
12.1the Representatives identified in clause 12.2 represent the Seller and the Buyer.
12.2or the purposes of giving and receiving any notice referred to in this Contract, all notices must be in writing and must be delivered to the address or faxed to the number described below. A notice sent or received by a Representative is proper notice for the purposes of this Contract.
Seller's Information:
Seller's Address ____________________________________________________
____________________________________________________
Phone: ____________________________ Fax:___________________
Buyer’s Information:
Buyer's Address ______________________________________________________
_____________________________________________________
Phone: ____________________________ Fax:____________________
OFFER
13.1The Buyer offers to buy the Property for the Purchase Price according to the terms of this Contract.
13.2This offer/counter offer shall be open for acceptance in writing until _____.m. on ___________ the _____ day of __________________,
___________.
SIGNED AND DATED at_____________, Alberta at _______ .m. on the _____ day of _________________, ___________.
_______________________________________ |
_________________________________________ |
Witness |
Buyer |
_______________________________________ |
_________________________________________ |
Witness |
Buyer |
ACCEPTANCE
14.1The Seller accepts the Buyer's offer and agrees to sell the Property for the Purchase Price according to the terms of this Contract.
SIGNED AND DATED at______________, Alberta at _______ .m. on the ______ day of ________________, ___________.
_______________________________________ |
_________________________________________ |
Witness |
Seller |
_______________________________________ |
_________________________________________ |
Witness |
Seller |
FINAL ACCEPTANCE
15.1This Contract was made (final acceptance) at _______.m. on _________________________, _________.
Initials of the Person(s) who signed last _______________
CONVEYANCING
Seller's Lawyer _________________________________________________________________________
Lawyer's Address________________________________________________________________________
Lawyer's Phone__________________________________ Fax____________________________________
Buyer's Lawyer__________________________________________________________________________
Lawyer's Address________________________________________________________________________
Lawyer's Phone__________________________________ Fax____________________________________