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As Is Offer To Purchase (Real Estate) Template for Canada

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Key Requirements PROMPT example:

As Is Offer To Purchase (Real Estate)

"I need an As Is Offer to Purchase (Real Estate) document for buying a residential property in Ontario, Canada, with a closing date of March 15, 2025, where I want to ensure strong buyer acknowledgment clauses and include a short due diligence period of 10 days."

Document background
The As Is Offer To Purchase (Real Estate) is a specialized contract used in Canadian real estate transactions when a property is being sold without warranties or representations about its condition. This document is particularly relevant in situations involving distressed properties, estate sales, foreclosures, or when sellers wish to limit their post-sale liability. The agreement explicitly states that the buyer accepts the property's current condition, including any visible or hidden defects. It's governed by Canadian federal and provincial real estate laws and requires careful attention to local jurisdiction requirements. The document typically includes comprehensive property details, purchase terms, buyer acknowledgments of property condition, and specific provisions protecting the seller from future claims related to property condition. This type of agreement is increasingly common in competitive real estate markets where buyers are willing to accept properties "as is" to secure the purchase.
Suggested Sections

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

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

3. Definitions: Defines key terms used throughout the agreement including Property, Closing Date, Purchase Price, and Deposit

4. Property Description: Detailed legal description of the property including municipal address and legal land description

5. Purchase Price and Deposit: Specifies the total purchase price, deposit amount, deposit payment terms, and balance due on closing

6. As Is Condition: Explicitly states that the property is being sold 'as is, where is' with no warranties or representations from the seller

7. Buyer Acknowledgment: Buyer's confirmation of property inspection opportunity and acceptance of current condition

8. Closing Date and Possession: Specifies the closing date, time of possession, and any holdover provisions

9. Closing Adjustments: Details adjustments for property taxes, utilities, and other pro-rated items

10. Due Diligence Period: Specifies the period allowed for buyer's inspections and investigations

11. Conditions Precedent: Lists any conditions that must be satisfied before the agreement becomes firm

12. Default and Remedies: Outlines consequences and available remedies if either party defaults

13. Notices: Specifies how and where formal notices under the agreement must be delivered

14. Governing Law: Confirms that the agreement is governed by Canadian law and the specific province's laws

Optional Sections

1. Chattels and Fixtures: Lists included/excluded personal property, used when specific items need to be addressed

2. Tenant Rights: Required if the property is currently tenanted, addressing lease assignments or terminations

3. Property Management: Used for properties with ongoing management contracts or service agreements

4. Environmental Matters: Added when specific environmental concerns need to be addressed

5. Condominium Provisions: Required if the property is a condominium unit

6. HST/GST Declaration: Required for commercial properties or new residential construction

7. Mortgage Assumption: Included if buyer is assuming existing mortgage

8. Seller Financing: Required if seller is providing any form of financing

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description and any easements or encumbrances

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

3. Schedule C - Included Chattels: Itemized list of personal property included in the sale

4. Schedule D - Excluded Fixtures: List of items typically considered fixtures that are excluded from the sale

5. Schedule E - Current Leases: Details of any existing tenancies affecting the property

6. Schedule F - Property Condition Disclosure: Seller's disclosure of known property conditions (though limited due to 'as is' nature)

7. Appendix 1 - Property Photographs: Documentation of property condition at time of offer

8. Appendix 2 - Site Plan: Property boundaries and building location documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Property Development

Construction

Banking and Finance

Legal Services

Insurance

Property Management

Commercial Property

Residential Property

Investment and Asset Management

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Risk and Compliance

Investment

Operations

Finance

Corporate Development

Property Acquisitions

Relevant Roles

Real Estate Agent

Property Lawyer

Real Estate Broker

Property Manager

Asset Manager

Investment Manager

Legal Counsel

Property Developer

Real Estate Investment Analyst

Compliance Officer

Risk Manager

Title Examiner

Mortgage Broker

Real Estate Portfolio Manager

Property Acquisition 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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