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Condo Purchase Agreement for Canada

Condo Purchase Agreement Template for Canada

A comprehensive legal document governed by Canadian law that facilitates the purchase and sale of condominium units. This agreement outlines all essential terms and conditions of the transaction, including property details, purchase price, payment terms, closing conditions, and specific provisions related to condominium ownership. It incorporates provincial regulations regarding condominium sales, status certificates, and common element considerations, while ensuring compliance with local real estate laws and condominium act requirements.

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Condo Purchase Agreement

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What is a Condo Purchase Agreement?

The Condo Purchase Agreement is a vital legal instrument used in Canadian real estate transactions for the purchase and sale of condominium units. This document is essential when transferring ownership of a condominium unit from a seller to a buyer, incorporating specific provisions required by provincial condominium legislation. The agreement includes detailed information about the unit, common elements, purchase price, deposit requirements, closing conditions, and condominium corporation obligations. It must comply with provincial real estate laws and condominium regulations, while protecting both parties' interests throughout the transaction. The document is particularly important as it addresses unique aspects of condominium ownership, such as shared facilities, maintenance fees, and corporation bylaws.

What sections should be included in a Condo Purchase Agreement?

1. Parties: Identification of the buyer(s) and seller(s) with full legal names and current addresses

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement including 'Property', 'Common Elements', 'Closing Date', etc.

4. Property Description: Detailed legal description of the condominium unit, parking, storage, and included fixtures/chattels

5. Purchase Price: Total purchase price, deposit structure, and payment terms

6. Deposit Terms: Amount, payment schedule, and handling of deposit funds

7. Closing Details: Closing date, possession date, and title transfer procedures

8. Representations and Warranties: Statements of fact by both parties about the property and their capacity to complete the transaction

9. Conditions: Standard conditions that must be met for the agreement to be binding

10. Title: Requirements for clear title and process for title search and insurance

11. Condominium Status Certificate: Requirements regarding the status certificate and review period

12. Common Expenses: Details of monthly maintenance fees and what they include

13. Adjustments: Items to be adjusted for on closing (taxes, utilities, maintenance fees)

14. Risk: Assignment of risk until closing and insurance requirements

15. Default: Consequences of default by either party

16. Notices: How and where formal notices must be delivered

17. General Provisions: Standard legal provisions including entire agreement, severability, and governing law

18. Execution: Signature blocks and date of agreement

What sections are optional to include in a Condo Purchase Agreement?

1. Mortgage Financing: Include when buyer requires mortgage financing, detailing the condition and requirements

2. Home Inspection: Include when buyer wants right to conduct home inspection

3. Sale of Buyer's Property: Include when purchase is conditional on buyer selling their existing property

4. Rental Units: Include if the condo unit has existing tenants or rental arrangements

5. Special Assessments: Include if there are pending or ongoing special assessments

6. Renovation/Alteration Terms: Include if buyer plans specific renovations requiring condo board approval

7. Property Management: Include if there are specific property management transition issues

8. Foreign Buyer Provisions: Include if buyer is a non-resident of Canada

What schedules should be included in a Condo Purchase Agreement?

1. Schedule A - Legal Description: Detailed legal description of the property including unit number, level, building registration, and parking/storage units

2. Schedule B - Included Items: List of fixtures, appliances, and chattels included in the purchase price

3. Schedule C - Excluded Items: List of items specifically excluded from the sale

4. Schedule D - Common Elements: Description of common elements and exclusive use areas

5. Schedule E - Financial Terms: Detailed breakdown of purchase price, deposit structure, and payment terms

6. Schedule F - Condo Rules and Regulations: Current condominium corporation rules and regulations

7. Appendix 1 - Status Certificate: Most recent status certificate from the condo corporation

8. Appendix 2 - Floor Plans: Unit floor plans and measurements

9. Appendix 3 - Parking/Storage Layout: Plans showing location of parking and storage units

10. Appendix 4 - Recent Condo Documents: Recent minutes, financial statements, and other relevant condo corporation documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Legal Services

Financial Services

Insurance

Property Management

Construction

Banking

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Documentation

Finance

Operations

Client Services

Administrative Support

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Lawyer

Conveyancing Lawyer

Property Manager

Mortgage Advisor

Real Estate Paralegal

Title Examiner

Condominium Manager

Real Estate Transaction Coordinator

Legal Assistant

Real Estate Investment Advisor

Property Administrator

Closing Coordinator

Compliance 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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