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Residential Real Estate Purchase Agreement for Canada

Residential Real Estate Purchase Agreement Template for Canada

A legally binding document used in Canadian residential real estate transactions that outlines the terms and conditions of a property sale between a buyer and seller. This agreement, governed by Canadian federal and provincial laws, details the purchase price, property description, closing conditions, warranties, and obligations of all parties involved. It incorporates specific Canadian legal requirements, including provincial real estate regulations, land transfer procedures, and local property laws. The document serves as the primary contract governing the entire transaction process from offer acceptance through to closing.

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What is a Residential Real Estate Purchase Agreement?

The Residential Real Estate Purchase Agreement is a fundamental legal document used in Canadian property transactions to formalize the sale and purchase of residential real estate. This comprehensive agreement is essential when any residential property is being transferred from a seller to a buyer in Canada, whether it's a house, condominium, townhouse, or other residential property. The document must comply with federal laws such as the Interest Act and provincial real estate regulations, while also addressing local municipal requirements. It includes crucial details about the property, purchase price, closing conditions, warranties, and obligations of all parties involved. This agreement serves as the cornerstone document that real estate professionals, lawyers, and financial institutions rely on throughout the transaction process, from the initial offer to the final closing.

What sections should be included in a Residential Real Estate Purchase Agreement?

1. Parties: Identifies and provides full legal names and addresses of the buyer(s) and seller(s)

2. Background: Sets out the context of the transaction and confirms the seller's ownership of the property

3. Definitions: Defines key terms used throughout the agreement

4. Property Description: Detailed legal description of the property, including address and land registry details

5. Purchase Price: States the total purchase price and breaks down the deposit and payment structure

6. Deposit: Specifies deposit amount, payment timing, and handling of funds in trust

7. Closing Date: Specifies the date of completion of the transaction and transfer of ownership

8. Title and Ownership: Seller's warranties regarding clear title and process for title search and insurance

9. Property Inspection: Buyer's rights and timeframes for property inspection and condition verification

10. Included and Excluded Items: Lists fixtures and chattels included or excluded from the sale

11. Representations and Warranties: Standard warranties about property condition, legal compliance, and disclosure obligations

12. Closing Conditions: Conditions that must be met before closing, including financing and inspection conditions

13. Closing Adjustments: Process for adjusting taxes, utilities, and other expenses at closing

14. Default and Remedies: Consequences and available remedies if either party defaults

15. Notices: How and where formal notices between parties must be delivered

16. General Provisions: Standard contract clauses including governing law, entire agreement, and amendment provisions

What sections are optional to include in a Residential Real Estate Purchase Agreement?

1. Tenant Rights and Obligations: Required when the property is currently tenanted, addressing lease assignments and tenant rights

2. Condominium Provisions: Required for condominium purchases, including status certificate review and condo-specific conditions

3. Home Warranty Program: Required for new construction, detailing warranty coverage and builder obligations

4. Swimming Pool/Hot Tub Compliance: Required when property includes these features, addressing safety and compliance requirements

5. Heritage Property Provisions: Required for heritage-designated properties, addressing preservation requirements and restrictions

6. Well and Septic Provisions: Required for rural properties with private water and sewage systems

7. Environmental Provisions: Required when environmental issues are known or suspected

8. Rental Equipment: Required when hot water tanks, HVAC, or other equipment is rented rather than owned

What schedules should be included in a Residential Real Estate Purchase Agreement?

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

2. Schedule B - Included Items: Comprehensive list of fixtures and chattels included in the sale

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

4. Schedule D - Additional Terms and Conditions: Any additional or special terms agreed upon by the parties

5. Schedule E - Property Disclosure Statement: Seller's disclosure of known property issues and conditions

6. Schedule F - Tenant Schedule: Details of existing tenancies, including lease terms and rents

7. Appendix 1 - Property Survey: Current survey of the property showing boundaries and structures

8. Appendix 2 - Inspection Reports: Any existing inspection reports provided by the seller

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

Property Development

Property Investment

Banking

Professional Services

Relevant Teams

Legal

Real Estate Operations

Property Management

Compliance

Risk Management

Documentation

Mortgage Services

Transaction Processing

Title Services

Client Services

Relevant Roles

Real Estate Agent

Real Estate Broker

Real Estate Lawyer

Property Lawyer

Mortgage Specialist

Real Estate Paralegal

Title Examiner

Property Manager

Real Estate Investment Advisor

Closing Coordinator

Real Estate Transaction Manager

Property Appraiser

Mortgage Underwriter

Real Estate Compliance Officer

Real Estate Documentation Specialist

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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