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Short Form Real Estate Purchase Agreement for Canada

Short Form Real Estate Purchase Agreement Template for Canada

This document is a concise but comprehensive agreement used in Canadian real estate transactions for the purchase and sale of property. It incorporates essential elements required under Canadian property law, including property description, purchase price, closing conditions, and basic representations and warranties. The agreement is designed to comply with provincial and federal regulations governing real estate transactions in Canada, including requirements for written contracts under the Statute of Frauds and provincial property laws. It provides a streamlined approach to documenting property sales while maintaining legal enforceability and protecting both parties' interests.

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What is a Short Form Real Estate Purchase Agreement?

The Short Form Real Estate Purchase Agreement is a fundamental document used in Canadian real estate transactions where a comprehensive but concise agreement is appropriate. It is particularly suitable for straightforward property transactions where standard terms and conditions apply. This document type incorporates all legally required elements for a valid real estate transaction in Canada while maintaining accessibility and clarity for all parties involved. It includes essential provisions for property transfer, payment terms, conditions precedent, and closing requirements, while allowing for customization through optional clauses and schedules as needed. The agreement complies with provincial property laws and federal regulations, including recent requirements such as the Foreign Buyer Ban Act, making it suitable for both residential and simple commercial property transactions in the Canadian market.

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

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

2. Background: Brief context of the transaction and confirmation of Seller's ownership

3. Definitions: Key terms used throughout the agreement

4. Property Description: Legal description and municipal address of the property being sold

5. Purchase Price: Amount, deposit details, and payment terms

6. Closing Date: Date of completion of the transaction and transfer of ownership

7. Representations and Warranties: Basic statements about property ownership, authority to sell, and property condition

8. Conditions Precedent: Essential conditions that must be met before closing

9. Closing Requirements: Documents and actions required to complete the transaction

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

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

12. General Provisions: Standard contract clauses including governing law and entire agreement

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

1. Tenant Rights: Required if property is currently tenanted, addressing existing lease agreements

2. Fixtures and Chattels: Used when specific items are included or excluded from the sale

3. Property Management: Required for properties with ongoing management needs until closing

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

5. Financing Conditions: Used when purchase is conditional on buyer obtaining mortgage financing

6. Home Inspection: Used when purchase is conditional on satisfactory home inspection

7. Foreign Buyer Compliance: Required when addressing compliance with the Foreign Buyer Ban Act

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

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

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

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

4. Schedule D - Existing Tenancies: Details of current lease agreements if applicable

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

6. Appendix 1 - Property Survey: Current survey of the property if available

7. Appendix 2 - Title Search: Results of title search and any 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

Residential Property

Commercial Property

Property Development

Banking and Finance

Legal Services

Insurance

Property Management

Construction

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Sales

Compliance

Finance

Administration

Investment

Risk Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Lawyer

Conveyancing Lawyer

Property Manager

Real Estate Developer

Mortgage Broker

Title Insurance Officer

Real Estate Investment Manager

Property Acquisition Manager

Legal Counsel

Compliance Officer

Real Estate Administrator

Property Sales Coordinator

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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