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Memorandum Of Contract (Real Estate) Template for Canada

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Key Requirements PROMPT example:

Memorandum Of Contract (Real Estate)

"I need a Memorandum of Contract (Real Estate) for a commercial property purchase in Vancouver, BC, closing on March 15, 2025, with special provisions for existing tenant rights and electronic registration requirements."

Document background
The Memorandum of Contract (Real Estate) is a crucial document in Canadian real estate transactions, used when parties wish to register notice of their agreement on title while keeping certain terms confidential. This document type is particularly relevant when there is a gap between the agreement signing and the closing date, providing protection for the purchaser's interest during this interim period. It must comply with provincial land registry requirements and typically includes essential transaction details while omitting commercially sensitive information. The memorandum serves as constructive notice to third parties and helps prevent competing claims to the property. Used across all Canadian provinces, though specific requirements may vary by jurisdiction, this document bridges the gap between private contractual agreements and public land registration systems.
Suggested Sections

1. Parties: Identification of all parties to the contract, including full legal names and addresses of the vendor and purchaser

2. Background: Brief context of the transaction and reference to the full Agreement of Purchase and Sale

3. Definitions: Key terms used in the memorandum, including 'Property', 'Purchase Price', and 'Closing Date'

4. Property Description: Legal description of the property including municipal address, lot/plan numbers, and PIN

5. Purchase Price: Statement of the agreed purchase price and payment terms

6. Closing Date: Specified date for completion of the transaction

7. Signatures: Execution block for all parties, including witnesses where required

8. Statement of Truth: Declaration that the memorandum accurately reflects the essential terms of the underlying agreement

Optional Sections

1. Conditions Precedent: Include when there are outstanding conditions that must be met before closing

2. Special Terms: Add when there are unique terms from the underlying agreement that affect title or registration

3. Spousal Consent: Required when the property is or was a matrimonial home

4. Assignment Provisions: Include when the agreement contains specific rules about assignment rights

5. Electronic Registration: Add when parties agree to register documents electronically

6. HST Declaration: Include when there are specific HST considerations or elections

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including easements and restrictions

2. Schedule B - Permitted Encumbrances: List of accepted encumbrances that will remain on title

3. Schedule C - Purchase Price Breakdown: Detailed breakdown of the purchase price including deposits and adjustments

4. Appendix 1 - Site Plan: Visual representation of the property boundaries and structures

5. Appendix 2 - Property Survey: Recent survey of the property if available and referenced in the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Legal Services

Banking and Finance

Property Development

Construction

Commercial Property Management

Residential Property Management

Investment and Asset Management

Insurance

Public Sector Administration

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Compliance

Risk Management

Operations

Business Development

Document Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Real Estate Broker

Title Examiner

Legal Assistant

Paralegal

Conveyancer

Commercial Property Director

Real Estate Investment Manager

Land Registry Officer

Real Estate Transaction Coordinator

Compliance Officer

Legal Counsel

Property Development Manager

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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