The Owner To Owner House Sale Contract is a crucial legal document used in Canadian residential real estate transactions where one private owner sells their property directly to another private buyer. This type of agreement is particularly relevant in private sales where the transaction occurs without the involvement of property developers or building companies. The contract must comply with federal and provincial regulations governing real estate transactions in Canada, including property transfer laws, tax requirements, and disclosure obligations. It includes comprehensive sections covering property description, purchase price, payment terms, warranties, closing conditions, and both parties' obligations. The document is designed to protect both seller and buyer interests while ensuring all legal requirements for property transfer are met. It's commonly used in residential property transactions across Canada's provinces and territories, though specific requirements may vary by jurisdiction.
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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 boundaries
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 completion of the sale and transfer of ownership
8. Title and Ownership: Seller's warranties regarding clear title and process for title transfer
9. Property Condition: Describes the current condition of the property and any warranties made by the seller
10. Included Items: Lists fixtures and chattels included in the sale
11. Excluded Items: Specifies items explicitly excluded from the sale
12. Representations and Warranties: Standard warranties from both parties regarding authority to enter agreement and property condition
13. Closing Procedures: Details the process and requirements for completing the sale
14. Risk and Insurance: Addresses responsibility for the property until closing and insurance requirements
15. Default and Remedies: Specifies what constitutes default and the available remedies
16. Notices: How formal communications between parties should be made
17. Governing Law: Confirms the agreement is governed by Canadian law and specifies the applicable province
18. General Provisions: Standard contractual clauses including entire agreement, amendments, and severability
1. Mortgage Assumption: Used when buyer is assuming seller's existing mortgage
2. Tenant Rights: Required when the property has existing tenants with ongoing lease agreements
3. Swimming Pool/Hot Tub Compliance: Needed for properties with swimming pools or hot tubs to address safety requirements
4. Heritage Property Requirements: Required for properties designated as heritage buildings
5. Condominium Provisions: Used when the property is a condominium unit
6. Environmental Matters: Required when there are known environmental issues or concerns
7. Home Business Provisions: Used when property includes an existing permitted home business
8. Short-term Rental Provisions: Required if property has existing short-term rental permits or agreements
9. Renovation/Construction Warranties: Used when recent renovations or construction have warranties that transfer to new owner
1. Schedule A - Property Details: Comprehensive legal description and property boundaries
2. Schedule B - Included Items: Detailed inventory of all fixtures and chattels included in sale
3. Schedule C - Excluded Items: Detailed list of items explicitly excluded from sale
4. Schedule D - Title Exceptions: List of permitted encumbrances and easements
5. Schedule E - Property Disclosure Statement: Seller's formal disclosure of property condition and known issues
6. Schedule F - Inspection Reports: Any professional inspection reports provided by seller
7. Schedule G - Property Documents: Copies of relevant permits, warranties, and certificates
8. Schedule H - Form 1 Land Transfer Tax: Required tax documentation for property transfer
9. Appendix 1 - Property Photographs: Dated photographs documenting property condition at time of agreement
10. Appendix 2 - Floor Plans: Current floor plans and property measurements
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