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Real Estate Contract Form for Canada

Real Estate Contract Form Template for Canada

A standardized legal document governed by Canadian federal and provincial laws, designed to facilitate and formalize real estate transactions between parties. This contract form incorporates essential elements required under Canadian real estate law, including property details, purchase terms, conditions of sale, and closing requirements. It ensures compliance with provincial property legislation while providing a comprehensive framework for both residential and commercial property transactions, incorporating necessary provisions for title transfer, property inspection, and financial terms in accordance with Canadian legal standards.

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Real Estate Contract Form

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What is a Real Estate Contract Form?

The Real Estate Contract Form serves as a fundamental legal instrument in Canadian property transactions, essential for both residential and commercial property transfers. This document is designed to comply with federal regulations and provincial property laws, providing a structured framework for documenting property sales agreements. It is typically used when parties have reached initial agreement on key terms and need to formalize the transaction details. The contract includes crucial elements such as property description, purchase price, closing conditions, and party obligations, while accommodating provincial-specific requirements. It can be customized for various transaction types while maintaining compliance with Canadian real estate law and local regulations.

What sections should be included in a Real Estate Contract Form?

1. Parties: Identification of the vendor/seller and purchaser/buyer with full legal names and addresses

2. Background: Context of the transaction and brief property overview

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed legal description of the property including address, legal boundaries, and property identification number

5. Purchase Price: Total purchase price and payment structure including deposit details

6. Deposit Terms: Amount, payment schedule, and handling of the deposit

7. Closing Date: Specified date and time for completion of the transaction

8. Title Search Period: Timeframe and conditions for title search and raising title objections

9. Property Inspection: Terms and conditions for property inspection and related deadlines

10. Seller's Representations and Warranties: Seller's declarations regarding property condition, title, and other material facts

11. Buyer's Representations and Warranties: Buyer's declarations regarding financial capability and other relevant matters

12. Closing Conditions: Conditions that must be met before closing

13. Closing Deliverables: Documents and items to be delivered by each party at closing

14. Property Insurance: Requirements for insurance coverage until closing

15. Risk: Allocation of risk for property damage before closing

16. Default: Consequences of default by either party

17. Notices: How and where formal notices must be delivered

18. Governing Law: Specification of applicable Canadian provincial law

19. Execution: Signature blocks and witness requirements

What sections are optional to include in a Real Estate Contract Form?

1. Mortgage Financing: Used when purchase is conditional on buyer obtaining mortgage financing

2. Sale of Buyer's Property: Used when purchase is conditional on buyer selling their existing property

3. Rental Properties: Used for properties with existing tenants, including assignment of leases

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

5. Environmental Conditions: Used when environmental assessments or remediation is required

6. Development Conditions: Used for properties with pending development or zoning changes

7. HST/GST Provisions: Used for new construction or commercial properties where HST/GST applies

8. Property Management: Used for properties with ongoing management contracts

9. Condominium Provisions: Used specifically for condominium property purchases

What schedules should be included in a Real Estate Contract Form?

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

2. Schedule B - Included Chattels: Itemized list of movable items included in the sale

3. Schedule C - Excluded Fixtures: List of attached items that are not included in the sale

4. Schedule D - Existing Tenancies: Details of current lease agreements and tenant information

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

6. Schedule F - Title Exceptions: List of permitted encumbrances and title restrictions

7. Appendix 1 - Property Survey: Current survey of the property showing boundaries and structures

8. Appendix 2 - Environmental Reports: Any environmental assessment reports or certificates

9. Appendix 3 - Building Inspections: Property inspection reports and related documentation

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 | Serial Founder & Legal AI Author

Jurisdiction

Canada

Cost

Free to use
Relevant legal definitions


































Clauses




































Relevant Industries

Real Estate

Banking & Financial Services

Legal Services

Property Development

Construction

Property Management

Insurance

Professional Services

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Contract Administration

Risk Management

Investment

Operations

Finance

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Lawyer

Legal Counsel

Property Manager

Real Estate Developer

Mortgage Specialist

Title Examiner

Compliance Officer

Real Estate Investment Manager

Property Acquisition Manager

Real Estate Portfolio Manager

Contract Administrator

Legal Assistant

Real Estate Paralegal

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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