The Pre-Sale Agreement Property is a crucial document in Canadian real estate development that facilitates the sale of properties before their construction is completed. It serves as the primary contract between developers and purchasers, typically used in new construction projects ranging from residential condominiums to commercial developments. This agreement must comply with strict provincial regulations, particularly regarding disclosure requirements, deposit protection, and consumer rights. The document includes comprehensive details about the property specifications, payment terms, construction timelines, and completion obligations. It is designed to protect both the developer's interests in securing advance sales and the purchaser's interests in ensuring the delivery of the promised property. The agreement must incorporate all mandatory provisions required by provincial real estate development marketing laws and consumer protection legislation.
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1. Parties: Identification of the Developer/Seller and Purchaser with full legal names and addresses
2. Background: Context of the development project, property details, and purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including unit number, floor plan, parking, storage and anticipated square footage
5. Purchase Price: Total purchase price, deposit structure, and payment schedule
6. Deposit Protection: Details of how the deposit will be held in trust and protected
7. Construction and Completion: Expected completion date, construction milestones, and outside date for completion
8. Purchaser's Obligations: All obligations of the purchaser including payment terms and cooperation requirements
9. Seller's Obligations: All obligations of the seller including construction and completion requirements
10. Closing Procedures: Detailed procedures for closing, including documentation and timing requirements
11. Adjustments and Closing Costs: Details of adjustments to be made at closing and allocation of closing costs
12. Warranties: New home warranty details and any additional warranties provided
13. Default and Remedies: Consequences of default by either party and available remedies
14. Assignment: Terms and conditions for assignment of the purchase agreement
15. Notices: How and where notices must be delivered between parties
16. General Provisions: Standard contract clauses including entire agreement, severability, and governing law
1. Financing Arrangements: Include when developer is offering or arranging financing options
2. Rental Pool Agreement: Include when the development offers a rental pool program
3. Foreign Buyer Provisions: Include when purchaser is a foreign buyer subject to additional requirements
4. GST/HST Elections: Include when there are specific GST/HST elections or arrangements
5. Pre-Authorized Payment Plan: Include when offering installment payment options
6. Property Management: Include when development includes mandatory property management services
7. View and Use Restrictions: Include when there are specific view guarantees or use restrictions
1. Schedule A - Property Specifications: Detailed specifications of the unit including floor plan, finishes, and included features
2. Schedule B - Site Plan: Plan showing location of unit within development and common areas
3. Schedule C - Disclosure Statement: Mandatory disclosure statement as required by provincial legislation
4. Schedule D - Construction Standards: Detailed construction specifications and quality standards
5. Schedule E - Permitted Encumbrances: List of permitted encumbrances that will remain on title
6. Schedule F - Unit Layout: Detailed unit floor plan with measurements
7. Schedule G - Common Area Specifications: Details of common areas and facilities
8. Schedule H - Warranties: Detailed warranty terms and conditions
9. Appendix 1 - Payment Schedule: Detailed schedule of all required payments and due dates
10. Appendix 2 - Statutory Declarations: Required statutory declarations and notices
Relevant legal definitions
Clauses
Relevant Industries
Real Estate Development
Residential Construction
Commercial Construction
Property Management
Real Estate Sales
Legal Services
Banking and Finance
Construction Management
Urban Development
Property Investment
Relevant Teams
Legal
Real Estate Development
Sales
Compliance
Construction Management
Finance
Risk Management
Customer Relations
Property Management
Contract Administration
Relevant Roles
Real Estate Developer
Property Development Manager
Real Estate Lawyer
Real Estate Agent
Sales Director
Construction Project Manager
Legal Counsel
Compliance Officer
Contract Administrator
Property Sales Manager
Development Director
Real Estate Broker
Financial Controller
Risk Manager
Customer Service Manager
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