The Agreement To Sell House is a crucial legal document used in Canadian residential real estate transactions when transferring property ownership from seller to buyer. This agreement is essential for both residential and investment property sales, incorporating 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. The document typically includes comprehensive details about the property, price, conditions of sale, representations and warranties, closing requirements, and remedies for default. It serves as the foundational contract protecting both parties' interests and ensuring legal compliance throughout the transaction process. The agreement must be carefully drafted to address jurisdiction-specific requirements while remaining clear and enforceable under Canadian law.
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1. Parties: Identifies and provides full legal names and addresses of the seller and purchaser
2. Background: Establishes the context of the agreement, including the seller's ownership and intention to sell, and buyer's intention to purchase
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Property Description: Detailed legal description of the property being sold, including municipal address and legal land description
5. Purchase Price: States the total purchase price and details of how and when it will be paid, including deposit terms
6. Deposit: Specifies the amount, payment timing, and handling of the deposit
7. Representations and Warranties: Seller's declarations about the property's condition, title, and other material facts
8. Closing Conditions: Conditions that must be met before the sale can be completed, including financing and inspections
9. Closing Date and Possession: Specifies the date of closing and when possession will be transferred to the buyer
10. Adjustments: Details how property taxes, utilities, and other expenses will be prorated between parties
11. Title Transfer: Requirements for providing clear title and handling title transfer procedures
12. Default and Remedies: Consequences and available remedies if either party fails to fulfill their obligations
13. Notices: How and where formal communications between parties should be delivered
14. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments
1. Financing Conditions: Used when buyer requires mortgage financing to complete the purchase
2. Home Inspection: When buyer wishes to make the purchase conditional on a satisfactory home inspection
3. Sale of Buyer's Property: Condition making purchase dependent on the buyer selling their existing property
4. Rental Property Provisions: Required when property is currently tenanted, addressing existing leases and tenant rights
5. Swimming Pool/Hot Tub Compliance: When property includes these features, addressing safety and compliance requirements
6. Heritage Property Requirements: For properties designated as heritage buildings with special requirements
7. Condominium Provisions: Specific terms required for condominium properties
8. Chattels and Fixtures: Detailed list of items included/excluded in sale when specific items need to be addressed
9. Environmental Conditions: When environmental issues need to be addressed (e.g., oil tanks, contamination)
10. Construction Warranties: For new construction or recently built homes with active warranties
1. Schedule A - Legal Property Description: Detailed legal description of the property from land registry
2. Schedule B - Included Chattels: Itemized list of moveable items included in the sale
3. Schedule C - Excluded Fixtures: List of attached items that are specifically excluded from the sale
4. Schedule D - Current Rental Agreements: Copies of existing lease agreements if property is tenanted
5. Schedule E - Property Disclosure Statement: Seller's detailed disclosure about property condition and known issues
6. Schedule F - Title Searches: Results of title searches and any encumbrances on the property
7. Appendix 1 - Property Survey: Current survey showing property boundaries and structures
8. Appendix 2 - Inspection Reports: Any existing property inspection reports provided by seller
9. Appendix 3 - Photographs: Documentation of property condition at time of agreement
10. Appendix 4 - Certificates: Relevant certificates including compliance or work orders
Relevant legal definitions
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