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Contract To Sell Land By Owner for Canada

Contract To Sell Land By Owner Template for Canada

A comprehensive legal agreement governed by Canadian law that facilitates the direct sale of land between a property owner (seller) and a buyer without the involvement of real estate agents. This document outlines all essential elements of the property transaction including property description, purchase price, payment terms, closing conditions, and transfer requirements. It incorporates provincial-specific requirements for land transfer, ensures compliance with the Statute of Frauds, and includes necessary provisions for title transfer and registration under Canadian property law.

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Contract To Sell Land By Owner

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What is a Contract To Sell Land By Owner?

The Contract To Sell Land By Owner is a crucial legal document used in Canadian real estate transactions where property owners choose to sell their land directly without the involvement of real estate agents. This approach is increasingly popular among property owners seeking to reduce transaction costs while maintaining full control over the sale process. The document must comply with both federal and provincial legislation, including the Statute of Frauds, Land Title Act, and relevant property laws. It includes comprehensive details about the property, terms of sale, conditions for closing, and specific requirements for title transfer. This type of agreement is particularly relevant in private sales, rural property transfers, and situations where parties prefer direct negotiation. The document must be carefully structured to protect both parties' interests and ensure the transaction meets all legal requirements for property transfer in Canada.

What sections should be included in a Contract To Sell Land By Owner?

1. Parties: Identification of the Seller and Buyer with full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed legal description of the property including lot number, plan, and municipal address

5. Purchase Price: The agreed purchase price and payment terms including deposit details

6. Deposit: Amount, payment terms, and handling of the deposit

7. Closing Date: Date of completion of the sale and transfer of ownership

8. Title and Ownership: Seller's warranties regarding clear title and any encumbrances

9. Property Condition: Current state of the property and any included/excluded fixtures and chattels

10. Representations and Warranties: Statements of fact and promises by both parties regarding the property and their capacity to enter into the agreement

11. Closing Conditions: Requirements to be met before closing including documentation and payments

12. Risk and Insurance: Responsibility for the property until closing and insurance requirements

13. Default and Remedies: Consequences of breach by either party

14. Notices: How formal communications between parties should be made

15. Governing Law: Specification that Canadian law governs the agreement

16. Execution: Signature blocks and witnessing requirements

What sections are optional to include in a Contract To Sell Land By Owner?

1. Seller Financing: Terms of vendor take-back mortgage if seller is providing financing

2. Tenant Rights: If property is currently tenanted, details of existing tenancy agreements

3. Environmental Matters: For properties with known environmental issues or requirements

4. GST/HST: Required for commercial properties or new residential properties

5. Property Management: For properties requiring maintenance between agreement and closing

6. Foreign Buyer Compliance: Required when buyer needs to certify Canadian status

7. Subdivision Requirements: If the sale involves land subdivision

8. First Nations Considerations: For properties on or affecting First Nations lands

What schedules should be included in a Contract To Sell Land By Owner?

1. Schedule A - Legal Description: Detailed legal description of the property from land registry

2. Schedule B - Permitted Encumbrances: List of accepted liens, easements, or encumbrances

3. Schedule C - Included Chattels: Itemized list of movable items included in the sale

4. Schedule D - Excluded Fixtures: List of attached items that are not included in the sale

5. Schedule E - Current Leases: Details of any existing lease agreements

6. Schedule F - Property Condition Report: Detailed description of property condition

7. Appendix 1 - Property Survey: Recent survey of the property boundaries

8. Appendix 2 - Title Search Results: Current title search showing ownership and encumbrances

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

Agriculture

Commercial Property

Residential Property

Land Development

Construction

Property Investment

Legal Services

Banking and Finance

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Administrative Services

Business Development

Investment

Operations

Risk Management

Document Control

Relevant Roles

Property Owner

Real Estate Lawyer

Title Examiner

Property Appraiser

Land Surveyor

Legal Counsel

Property Manager

Commercial Director

Business Owner

Investment Manager

Development Manager

Compliance Officer

Real Estate Investor

Land Administrator

Legal Administrator

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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