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Pre Possession Agreement Template for Canada

A Pre-Possession Agreement is a legal document used in Canadian real estate transactions that allows a buyer to take possession of a property before the closing date of the sale. This agreement, governed by provincial property and contract laws, establishes the terms and conditions under which early possession is granted, including responsibilities for maintenance, insurance requirements, payment terms, and risk allocation. It serves as a crucial protection mechanism for both parties by clearly defining their rights and obligations during the pre-possession period, while ensuring compliance with relevant provincial legislation and real estate regulations.

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What is a Pre Possession Agreement?

The Pre-Possession Agreement is essential in situations where a buyer needs to occupy a property before the official closing date of a real estate transaction in Canada. This might occur due to various circumstances such as the seller's early vacancy, the buyer's immediate housing needs, or coordination of possession dates between properties. The agreement falls under provincial jurisdiction and must comply with local real estate and property laws. It typically includes comprehensive details about possession terms, maintenance responsibilities, insurance requirements, payment arrangements, and risk allocation. The document serves as a critical risk management tool by establishing clear legal frameworks for the pre-possession period, protecting both parties' interests, and preventing potential disputes. Key considerations include liability coverage, property maintenance standards, utility responsibilities, and the relationship with the main purchase agreement.

What sections should be included in a Pre Possession Agreement?

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

2. Background: Context of the agreement, including reference to the main purchase agreement and reason for pre-possession

3. Definitions: Key terms used throughout the agreement, including Property, Possession Date, Closing Date, etc.

4. Possession Terms: Specific details about when and how possession will be granted, including duration

5. Purchase Agreement Reference: Confirmation that the original Purchase Agreement remains in effect and this agreement is supplementary

6. Payment Terms: Details of any fees, deposits, or rent payments required for the pre-possession period

7. Insurance Requirements: Mandatory insurance coverage requirements for both parties during the pre-possession period

8. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the pre-possession period

9. Utilities and Expenses: Allocation of responsibility for utilities, property taxes, and other ongoing expenses

10. Risk and Liability: Assignment of risk and liability during the pre-possession period

11. Default and Remedies: Consequences of default by either party and available remedies

12. Termination: Circumstances under which the agreement can be terminated and the process

13. General Provisions: Standard clauses including entire agreement, amendments, governing law, etc.

What sections are optional to include in a Pre Possession Agreement?

1. Rental Payment Terms: Used when the pre-possession arrangement includes rental payments

2. Property Access: Include when specific access restrictions or requirements need to be detailed

3. Special Conditions: For unique circumstances or property-specific requirements

4. Property Improvements: Include when the buyer plans to make improvements during pre-possession

5. Third Party Occupants: Required when other occupants besides the buyer will be present

6. Pet Provisions: Include when the buyer has pets that will occupy the property

7. Security Deposit: Used when additional security deposit is required beyond the purchase deposit

What schedules should be included in a Pre Possession Agreement?

1. Schedule A - Property Description: Detailed description of the property including address and legal description

2. Schedule B - Property Condition Report: Detailed documentation of property condition at time of possession

3. Schedule C - Insurance Certificates: Copies of required insurance policies from both parties

4. Schedule D - Payment Schedule: Detailed breakdown of all payments required during pre-possession

5. Schedule E - Move-in Inspection Report: Results of the inspection conducted at the time of taking possession

6. Appendix 1 - Property Rules and Regulations: Any specific rules or regulations governing the property use

7. Appendix 2 - Utility Transfer Forms: Forms and procedures for transferring or maintaining utilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Cost

Free to use

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