The House Sales Contract On For Sale By Owner (FSBO) is designed for use in Canadian jurisdictions where property owners wish to sell their residential property directly without real estate agent representation. This document becomes necessary when both parties agree to proceed with a private sale, requiring a comprehensive legal framework to ensure the transaction meets all provincial and federal requirements. The contract includes essential elements such as property description, purchase price, payment terms, conditions of sale, representations and warranties, and closing requirements. It's specifically structured to protect both parties' interests while ensuring compliance with Canadian property law, land registry requirements, and provincial regulations governing real estate transactions. The document is particularly important as it replaces the standard agreements typically provided by real estate agencies, requiring additional attention to detail and legal compliance.
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1. Parties: Identifies and provides full legal names and addresses of the seller and buyer
2. Background: Establishes the context of the sale, confirming the seller's ownership and intention to sell, and buyer's intention to purchase
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Property Description: Detailed legal description of the property including address, lot number, and land registry details
5. Purchase Price: States the agreed purchase price and details of how and when payment will be made
6. Deposit: Specifies the deposit amount, payment terms, and how it will be held
7. Closing Date: Establishes the date for completing the transaction and transferring ownership
8. Property Condition: Details the condition in which the property will be delivered and any included/excluded fixtures and chattels
9. Seller's Representations and Warranties: Seller's formal statements about the property's condition, title, and other material facts
10. Buyer's Representations and Warranties: Buyer's formal statements regarding their ability to complete the purchase
11. Closing Requirements: Lists all documents and actions required from each party to complete the sale
12. Property Insurance: Specifies responsibilities for insurance coverage before and after closing
13. Risk: Addresses who bears the risk of damage to the property before closing
14. Default: Outlines remedies available if either party fails to complete the transaction
15. Notices: Specifies how and where formal communications between parties should be sent
16. Governing Law: Confirms that the agreement is governed by Canadian law and the specific provincial jurisdiction
17. Entire Agreement: Confirms that the written contract represents the complete agreement between parties
1. Financing Condition: Include when buyer requires mortgage financing to complete the purchase
2. Home Inspection Condition: Include when buyer wishes to conduct a home inspection before finalizing the purchase
3. Sale of Buyer's Property: Include when purchase is conditional on buyer selling their existing property
4. Rental Unit Provisions: Include if property contains rental units with existing tenants
5. Swimming Pool/Hot Tub Compliance: Include if property includes these features to address safety and compliance requirements
6. Heritage Property Provisions: Include if property has heritage designation or restrictions
7. Environmental Matters: Include if property has known environmental issues or requires specific environmental warranties
8. GST/HST Provisions: Include for new construction or substantially renovated properties subject to GST/HST
1. Schedule A - Property Details: Detailed description of property including lot size, boundaries, and improvements
2. Schedule B - Included Chattels: Itemized list of movable items included in the sale
3. Schedule C - Excluded Fixtures: List of items normally considered fixtures that are excluded from the sale
4. Schedule D - Title Search Results: Summary of title search showing ownership and any registered encumbrances
5. Schedule E - Property Disclosure Statement: Seller's disclosure of known property issues and defects
6. Schedule F - Permitted Encumbrances: List of liens, easements, or other encumbrances that will remain after closing
7. Schedule G - Site Plan: Property survey or site plan showing boundaries and structures
8. Appendix 1 - Property Photographs: Recent photographs documenting property condition at time of agreement
9. Appendix 2 - Maintenance Records: Documentation of major repairs and regular maintenance
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking & Financial Services
Insurance
Property Development
Construction
Property Management
Public Sector - Land Registry
Public Sector - Municipal Services
Relevant Teams
Legal
Real Estate Operations
Property Management
Mortgage Services
Title Insurance
Document Processing
Compliance
Risk Assessment
Property Assessment
Customer Relations
Relevant Roles
Property Owner
Home Buyer
Real Estate Lawyer
Property Law Clerk
Title Researcher
Mortgage Specialist
Banking Officer
Property Surveyor
Home Inspector
Insurance Underwriter
Municipal Planning Officer
Legal Document Specialist
Property Assessor
Compliance Officer
Real Estate Paralegal
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