Clauses

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Looking for a clause to include in a Contract of Purchase and Sale? We organized all clauses in categories and listed them all on the table of contents to make it easier for you to locate the clause you need.

When using these clauses and considerations, Real Estate Professionals should:

  • Use their professional judgment in applying clauses and information to particular situations;
  • Consider who they are acting for before deciding which clause is appropriate; and
  • Speak to their managing broker if they are not sure about the language in a clause or whether it is appropriate;

The clauses and considerations in this section are for educational purposes and are not mandatory. The clauses and comments do not constitute legal or other professional advice. Real Estate Professionals are responsible for exercising their own professional judgement in applying clauses and information to particular situations. When reviewing or using these clauses Real Estate Professionals should keep in mind a number of considerations that may be relevant to the use or wording of a clause or a modification of the clause. Real Estate Professionals should be mindful of confidentiality requirements. Contact one of our Practice Standards Advisors for further guidance.

Assignment

  • Notwithstanding section 20A of this Contract, the Buyer may, without the further consent of the Seller, add (insert name(s) of specific person(s)) as an additional buyer prior to completion and the Seller agrees to sign completion documents as are necessary to reflect that addition. The Seller’s consent does not release the Buyer from liability under this Contract.

    Considerations
    Real Estate Professionals will need to consider the Notice to Seller Regarding Assignment Terms per regulation.

  • Notwithstanding section 20A of this Contract, the Buyer may, without the further consent of the Seller, assign the Buyer’s rights in this Contract to the Buyer and to (insert name(s) of specific person(s)) prior to completion and the Seller agrees to sign completion documents as are necessary to reflect the assignment. The Seller’s consent does not release the Buyer from liability under this Contract.

    Considerations
    Real Estate Professionals will need to do an assignment agreement. Seller, Buyer and assignee should all be parties to that agreement.

  • The Buyer may assign the Buyer’s rights in this Contract, in whole or in part, to any person without the consent of the Seller. The assignment by the Buyer will not relieve the Buyer from the Buyer’s obligations under this Contract.

    Considerations
    Real Estate Professionals need to consider the Notice to Seller Regarding Assignment Terms per regulation.

    If using this clause section 20A needs to be struck from the Contract.

Back Up

  • Subject to the Seller ceasing to be obligated in any way under the Contract of Purchase and Sale dated (date) (the “Sale Contract”) respecting the Property, including the Seller obtaining a full release from the Buyer, on or before (date). This condition is for the sole benefit of the Seller.*(Optional – The Seller agrees not to amend the Sale Contract.)

    Considerations
    *If you are acting for a Buyer you should consider using the optional clause above.

Co-op

  • This Contract is for the sale by the Seller and the purchase by the Buyer of (number of shares) shares (the “Shares”) in (name of co-operative entity), together with an assignment by the Seller to the Buyer of the Seller’s rights and assumption by the Buyer of the Seller’s obligations respecting a lease dated (date) (the “Lease”) of unit (insert number), which lease is registered at the Land Title Office under number (insert registration number).In this Contract, except for sections 5, 8 and 16, and except where the context otherwise requires, “Property” means the Lease and the Shares collectively. In sections 5, 8 and 16, “Property” means unit (insert number).

    Considerations
    Cooperative purchase – registered lease clause should be used with clauses for assumption of payments, approval of directors and approval of rules and regulations.

  • This Contract is for the sale by the Seller and the purchase by the Buyer of (number of shares) shares (the “Shares”) in (name of co-operative entity), together with an assignment by the Seller to the Buyer of the Seller’s rights and assumption by the Buyer of the Seller’s obligations respecting a lease dated (date) (the “Lease”) of unit (insert number).

    In this Contract, except for sections 5, 8 and 16, and except where the context otherwise requires, “Property” means the Lease and the Shares collectively. In sections 5, 8 and 16, “Property” means unit (insert number).

    Notwithstanding sections 4, 11, 13 and 14 and references to registration of documents at the Land Title Office, the Buyer and Seller will complete the purchase and sale in accordance with undertakings commonly used in similar transactions.

    Considerations
    Cooperative purchase – unregistered lease clause should be used with clauses for assumption of payments, approval of directors and approval of rules and regulations.

  • The Buyer will assume the payment of the monthly maintenance charge, which is currently (insert amount), subject to change, and includes, among other charges the Buyer’s proportionate share of annual property taxes.

  • This Contract is subject to the board of directors of (name of co-operative entity) approving, on or before (date), the Buyer and the purchase of the Shares by and assignment of the Lease to the Buyer. This condition is for the benefit of the Seller and the Buyer.

  • This Contract is subject to the Buyer receiving from the Seller copies of all rules, regulations, documents containing any restrictions regarding ownership, use or occupation of any unit in the (name of co-operative entity), memorandum of association and articles (or similar documents), the Lease, and documents containing any current financial obligations of (name of co-operative entity), and the Buyer being satisfied, on or before (date) with the information in the documents referred to in this condition. This condition is for the sole benefit of the Buyer.

Deposits

  • The Deposit is payable within (number of hours) hours of acceptance of this offer.

    Considerations
    This clause would be used in section 2 of the Contract.

  • The brokerage will place the Deposit in an interest-bearing trust account with interest accruing to the benefit of the (select either Seller or Buyer).

    Considerations
    Do not use this clause if market conditions do not support payment of interest.

  • The Deposit will be increased to $ (amount) within 24 hours of waiver or fulfillment of all conditions.

  • The Deposit will be increased to $ (amount) on waiver or fulfillment of all conditions.

  • Subject to the Seller’s lawyer approving, on or before (date), the provisions set out in this Contract for holding the Deposit. This condition is for the sole benefit of the Seller.

  • Subject to the Buyer’s lawyer approving, on or before (date), the provisions set out in this Contract for holding the Deposit. This condition is for the sole benefit of the Buyer.

  • The Seller acknowledges that the Seller has been advised to obtain legal advice before signing this Contract, regarding the provisions in this Contract for holding the Deposit.

  • The Buyer acknowledges that the Buyer has been advised to obtain legal advice before signing this Contract, regarding the provisions in this Contract for holding the Deposit.

  • The Deposit will be held in trust by (name of third party) pending completion of the transaction.

    Considerations
    This clause allows for payment to a non licensee. This is not the normal circumstance. The Real Estate Professional needs to ensure that the client understands the possible risks. The stakeholder provisions in the Real Estate Services Act do not apply.

Disclosure

  • Subject to the Buyer obtaining and being satisfied, on or before (date), with a Property Disclosure Statement with respect to the Property.

    This condition is for the sole benefit of the Buyer.

    If this condition is satisfied or waived, the Property Disclosure Statement will be incorporated into and form part of this Contract.

  • The Buyer acknowledges having received and having had an opportunity to read the developer’s Disclosure Statement.

  • The Buyer acknowledges having received a Seller’s separate disclosure of material latent defects dated (date) relating to (general reference to issue).

  • The Buyer acknowledges that the Property may have been used to grow cannabis (other than as permitted by law) or for the growth or manufacture of illegal substances, and acknowledges that the Seller makes no representations or warranties with respect to the state of repair of the Property. The Buyer accepts the Property in its present state, and in an “as is” condition.

  • The Buyer acknowledges that the strata lot or limited common property associated with the strata lot may have been used to grow cannabis (other than as permitted by law) or for the growth or manufacture of illegal substances, and acknowledges that the Seller makes no representations or warranties with respect to the state of repair of the strata lot or the limited common property associated with the strata lot. The Buyer accepts the strata lot and limited common property in their present state, and in an “as is” condition.

  • The Seller represents and warrants that, during the time the Seller has owned the Property, the Property has not been used to grow cannabis (other than as permitted by law) or for the growth or manufacture of illegal substances.

  • The Seller represents and warrants that, during the time the Seller has owned the strata lot, neither the strata lot nor any limited common property associated with the strata lot has been used to grow cannabis (other than as permitted by law) or for the growth or manufacture of illegal substances.

  • The Seller discloses, and the Buyer acknowledges, that the Property contains or has contained (describe condition) and the Buyer accepts the Property in this condition.

  • The attached Property Disclosure Statement dated (date) is incorporated into and forms part of this Contract.

  • The Seller discloses that the Property was tested for (describe condition), on (date) by (name of testing contractor or government authority).

    The results of the test indicated that no (describe condition) was present in or on the Property. As evidence of that testing, the Seller attaches the following documents:

    (List)

    The Buyer accepts the condition of the Property in reliance on these documents.

  • The Seller discloses that, although (describe condition) was known to have been in or on the Property, such (describe condition), to the best of the Seller’s knowledge, was removed or remedied on (date). As evidence of the removal or remedy, the Seller attaches the following documents:

    (List)

    The Buyer accepts the condition of the Property in reliance on these documents.

  • The Seller discloses that the Property did have (describe condition) but has undergone the following corrective measures:

    (List)

    The Buyer accepts the condition of the Property in reliance on these corrective measures.

  • The Seller discloses that the Property was tested for (describe condition) on (date) by (name of testing contractor or government authority).

    The results for such testing indicated that (describe condition) is acceptable and, accordingly, no further action has been taken.

    The Buyer accepts the condition of the Property in reliance on this testing.

  • The Seller represents and warrants that, to the best of the Seller’s knowledge, the Property does not have (describe condition).

    Considerations
    Real Estate Professionals should recommend that their clients obtain legal advice before making this type of representation.

Estate

  • Subject to the Seller obtaining and providing the following to the Buyer by (date):

    1. a copy of a grant of probate or letters of administration allowing the Property to be sold (the “Estate Documents”);
    2. confirmation that a transmission of the title to the Property to the administrator or executor appointed in the Estate Documents (the “Transmission”) has reached final registration in the Land Title Office; and
    3. assurance of the Seller, satisfactory to the Buyer, that everyone entitled to claim under the Wills, Estates and Succession Act has waived or released their claims in relation to the Property.


      This condition (the “Estate Condition”) is for the benefit of the Seller and the Buyer and cannot be unilaterally waived by either of them.
  • The Completion Date will be the later of (a) ________________, 202____ and (b) 5 business days following the date on which the Estate Condition is declared fulfilled or waived by both the Buyer and the Seller.


    Considerations

    This provision is optional, but if used should go in Section 3 of the standard form contract. Good practice would be to insert “see Section 3 above” in the completion date clause of the standard form contract (Section 4).

    The parties can also simply agree on a fixed completion date (to occur after the Estate Condition waiver deadline) and insert the same in the completion date provision in Section 4 of the standard form contract.

Financing

  • The Buyer will pay to the Seller $(amount), which includes the Deposit, on the Completion Date, as part payment of the Purchase Price.

    The Seller will provide financing to the Buyer for the balance of the Purchase Price in the amount of $(amount), by way of an agreement for sale (the “Agreement for Sale”), in a form acceptable to the Seller. The Agreement for Sale will provide for:

    (a) interest rate of _____% per annum, calculated (annually/semi-annually/monthly), not in advance;

    (b) _____ year amortization period;

    (c) _____ year term; and

    (d) blended monthly payments of $ (amount), including principal and interest (plus 1/12 of the annual taxes, if required by the Seller).

    *The Agreement for Sale will provide that if the Buyer disposes, or agrees to dispose, of the Buyer’s interest in the Property, the full balance will immediately become due and payable, at the Seller’s option.

    The Seller will prepare the Agreement for Sale at the Buyer’s expense.

    The Buyer consents to the Seller obtaining a credit report on the Buyer.

    Subject to the Seller obtaining and being satisfied, on or before (date), with the Buyer’s credit report. This condition is for the sole benefit of the Seller.

    Considerations
    *Due and payable on sale. (optional)

  • The Buyer will pay to the Seller $(amount), which includes the Deposit, on the Completion Date, as part payment of the Purchase Price.

    The Seller will provide financing to the Buyer for the balance of the Purchase Price in the amount of $(amount), by way of an agreement for sale (the “Agreement for Sale”), in a form acceptable to the Seller. The Agreement for Sale will provide for:

    (a) interest rate of _____% per annum, calculated (annually/semi-annually/monthly), not in advance;

    (b) _____ year amortization period;

    (c) _____ year term; and

    (d) blended monthly payments of $ (amount), including principal and interest (plus 1/12 of the annual taxes, if required by the Seller).

    The Agreement for Sale will rank after a first mortgage (the “First Mortgage”) in favour of (name) (the “Lender”) with an outstanding balance of approximately $ (amount), which provides for:

    (a) interest rate of _____% per annum calculated (annually/semi-annually/monthly), not in advance;

    (b) end of term date of (date); and

    (c) blended monthly payments of $ (amount) including principal and interest.

    The Seller will maintain the First Mortgage in good standing and will pay and satisfy in full all payments when due. On any failure to do so, the Seller will immediately notify the Buyer or cause the Lender to notify the Buyer, and the Buyer may pay to the Lender directly the amount owing, and deduct that payment from the amount owing to the Seller under the Agreement for Sale.

    The Agreement for Sale will provide that if the Buyer disposes, or agrees to dispose, of the Buyer’s interest in the Property, the full balance will immediately become due and payable, at the Seller’s option. Any penalty payable by the Seller because of the resulting prepayment of the First Mortgage will be paid by the Buyer to the Seller on the completion date of the disposition.

    The Seller will prepare the Agreement for Sale at the Buyer’s expense.

    The Buyer consents to the Seller obtaining a credit report on the Buyer.

    Subject to the Seller obtaining and being satisfied, on or before (date), with the Buyer’s credit report. This condition is for the sole benefit of the Seller.

  • The Buyer will pay to the Seller $(amount), (approximately) which includes the Deposit, on the Completion Date, as part payment of the Purchase Price.

    The balance of the Purchase Price will be paid by the Buyer assuming all obligations under the existing (rank) mortgage registered in the name of (name) (the “Lender”) with an outstanding balance of approximately $ (amount), which provides for:

    (a) interest rate of _____% per annum, calculated (annually/semi-annually/monthly), not in advance;

    (b) end of term date of (date); and

    (c) blended monthly payments of $ (amount) including principal and interest (plus 1/12 of the annual taxes, if required by the Lender).

    Subject to the Lender, pursuant to section 24 of the Property Law Act, approving the Buyer in writing on or before (date), thereby releasing the Seller from liability under section 24(1) of the Property Law Act. This condition is for the benefit of both the Buyer and the Seller.

  • Subject to the Seller confirming, on or before (date), that the Seller’s arrangement of financial affairs will enable the Seller to proceed with the sale as set out in this Contract. This condition is for the sole benefit of the Seller.

  • Subject to the Seller’s lawyer approving, on or before (date), the financing terms and conditions for the Seller’s provision of financing to the Buyer. This condition is for the sole benefit of the Seller.

  • Subject to the Buyer’s lawyer approving, on or before (date), the financing terms and conditions for the Seller’s provision of financing to the Buyer. This condition is for the sole benefit of the Buyer.

  • Subject to a new first mortgage being made available to the Buyer, on or before (date), in the amount of $(amount), which provides for:

    (a) interest rate not to exceed _____% per annum, calculated (annually/semi-annually/monthly), not in advance;

    (b) _____ year amortization period;

    (c) _____ year term; and

    (d) blended monthly payments of approximately $ (amount) including principal and interest (plus 1/12 of the annual taxes, if required by the lender).

    This condition is for the sole benefit of the Buyer.

  • Subject to the Buyer arranging satisfactory financing on or before (date).

    This condition is for the sole benefit of the Buyer.

  • Subject to a new second mortgage being made available to the Buyer, on or before (date), in the amount of $ (amount) which provides for:

    (a) interest rate not to exceed _____% per annum, calculated (annually/semi-annually/monthly), not in advance;

    (b) _____ year amortization period;

    (c) _____ year term; and

    (d) blended monthly payments of approximately $(amount) including principal and interest (plus 1/12 of the annual taxes, if required by the lender).

    This condition is for the sole benefit of the Buyer.

  • Subject to the Buyer arranging satisfactory financing on or before (date).

    This condition is for the sole benefit of the Buyer.

  • The Buyer will pay to the Seller $(amount), which includes the Deposit, on the Completion Date, as part payment of the Purchase Price.

    The Seller will provide financing to the Buyer by way of the Buyer granting to the Seller a first mortgage (the “First Mortgage”), in a form acceptable to the Seller. The First Mortgage will provide for:

    (a) interest rate of _____% per annum, calculated (annually/semi-annually/monthly), not in advance;

    (b) _____ year amortization period;

    (c) _____ year term; and

    (d) blended monthly payments of $ (amount), including principal and interest (plus 1/12 of the annual taxes, if required by the Seller).

    The First Mortgage will provide that if the Buyer disposes, or agrees to dispose, of the Property, the full balance will immediately become due and payable, at the Seller’s option.

    The Seller will prepare the First Mortgage at the Buyer’s expense.

    The Buyer consents to the Seller obtaining a credit report on the Buyer.

    Subject to the Seller obtaining and being satisfied, on or before (date), with the Buyer’s credit report. The condition is for the sole benefit of the Seller.

  • The Buyer will pay to the Seller $(amount), which includes the Deposit, on the Completion Date, as part payment of the Purchase Price.

    The Seller will provide financing to the Buyer by way of the Buyer granting to the Seller a second mortgage (the “Second Mortgage”), in a form acceptable to the Seller. The Second Mortgage will provide for:

    (a) interest rate of _____% per annum, calculated (annually/semi-annually/monthly), not in advance;

    (b) _____ year amortization period;

    (c) _____ year term; and

    (d) blended monthly payments of $ (amount), including principal and interest (plus 1/12 of the annual taxes, if required by the Seller if not already being collected by the first lender).

    The Second Mortgage will rank after the (select either new or existing) first mortgage of no more than $(amount), an interest rate not to exceed _____% per annum, calculated (annually, semi-annually, monthly), and an end of term date of (date) (the “Buyer’s Mortgage”). The Second Mortgage will provide that if the Buyer defaults in any payment due under the Buyer’s Mortgage, the Seller may make the payment and add that payment to the principal amount owing under the Second Mortgage, bearing interest at the rate provided for in the Second Mortgage.

    The Second Mortgage will provide that if the Buyer disposes, or agrees to dispose, of the Property, the full balance will immediately become due and payable, at the Seller’s option.

    The Seller will prepare the Second Mortgage at the Buyer’s expense.

    The Buyer consents to the Seller obtaining a credit report on the Buyer.

    Subject to the Seller obtaining and being satisfied, on or before (date), with the Buyer’s credit report. This condition is for the sole benefit of the Seller.

Fish Protection

  • Subject to the Buyer, at the Buyer’s expense, receiving and approving, on or before (date), professional advice that there are no limitations unsatisfactory to the Buyer on the use or development of the Property resulting from the Riparian Areas Protection Act, its regulations, or any similar legislation. This condition is for the sole benefit of the Buyer.

GST

  • The Purchase Price does not include any GST applicable to the purchase and sale of the Property.

    Considerations
    If using this clause, consider using one of either Purchase Price does not include GST – professional advice – Buyer, or Buyer to obtain professional advice depending on whether Buyer has or has not received GST advice.

  • The Buyer acknowledges that the Buyer has received professional tax advice regarding the Buyer’s GST liability arising from, and any GST exemptions or rebates applicable to, the Buyer’s purchase of the Property. The Buyer will pay any GST applicable to the purchase of the Property and will be responsible to apply for any GST rebate.

    Considerations
    Real Estate Professionals should consider using this where GST is not included and the Contract does not include a GST advice condition precedent in favour of the Buyer.

  • Subject to the Buyer obtaining and being satisfied, on or before [date], with professional tax advice regarding the Buyer’s GST liability arising from, and any GST exemptions or rebates applicable to, the Buyer’s purchase of the Property. This condition is for the sole benefit of the Buyer.

  • The Purchase Price includes any GST applicable to the purchase and sale of the Property.

    Considerations
    Real Estate Professionals should consider using Purchase Price includes GST – professional advice – Seller, or Seller to obtain professional advice with this clause.

    Use Purchase Price includes GST – assignment rebate with credit – Buyer warrants eligible for rebate, or Purchase Price includes GST – assign rebate – no Buyer warranty regarding eligibility instead of this clause if a rebate is involved.

  • The Seller acknowledges that the Seller has received professional tax advice regarding the Seller’s GST liability arising from the Seller’s sale of the Property.

    Considerations
    Real Estate Professionals should consider using this clause where GST is included in the Purchase Price and the Contract does not include a GST advice condition precedent in favour of the Seller.

  • Subject to the Seller obtaining and being satisfied, on or before [date], with professional tax advice regarding the Seller’s GST liability arising from the Seller’s sale of the Property. This condition is for the sole benefit of the Seller.

  • The Purchase Price includes any GST applicable to the purchase and sale of the Property. The Buyer represents and warrants that the Buyer will be eligible for a GST rebate under the Excise Tax Act in connection with the Buyer’s purchase of the Property (the “Rebate”). The Buyer hereby assigns the Rebate to the Seller. Relying on that representation, warranty and assignment, the Seller will credit the Rebate amount to the Buyer on the Completion Date. On or before the Completion Date, the Buyer will provide to the Seller a completed and executed Rebate application on the required form to have the Canada Revenue Agency (“CRA”) pay or credit the Rebate directly to the Seller. If the CRA denies all or part of the Rebate claim, the Buyer will promptly remit to the CRA the denied amount plus any applicable interest or penalties upon the Seller’s written demand, and will indemnify the Seller against any losses arising as a result of the Buyer’s ineligibility for all or part of the Rebate.

    Considerations
    Real Estate Professionals should use this clause where the Seller is crediting the Buyer for the Rebate amount on completion, based on the Buyer’s guarantee that it is eligible for the Rebate.

    Consider using this clause together with Buyer to obtain professional advice.

  • The Purchase Price includes any GST applicable to the purchase and sale of the Property. The Buyer makes no representations or warranties regarding the Buyer’s eligibility for a GST rebate under the Excise Tax Act in connection with the Buyer’s purchase of the Property (a “Rebate”). The Buyer hereby assigns to the Seller any Rebate for which the Buyer is or becomes eligible (including after the Completion Date). If the Buyer is or becomes eligible for a Rebate, the Buyer will promptly cooperate with the Seller to cause the Canada Revenue Agency to grant the Rebate. If the Buyer receives any Rebate funds, the Buyer will hold those funds in trust for, and promptly pay them to, the Seller. In no event will the Buyer be liable to the Seller as a result of the Buyer’s ineligibility for a Rebate.

    Considerations
    Real Estate Professionals should use this clause where GST is included in the Purchase Price and the Buyer agrees to assign any rebate to the Seller without any guarantee of eligibility.

Heritage

  • Subject to the Buyer being satisfied on or before (date) that there are no limitations unsatisfactory to the Buyer on the use or development of the Property resulting from the Heritage Conservation Act, its regulations, or any similar legislation or any similar local government bylaws. This condition is for the sole benefit of the Buyer.

    Considerations
    Heritage Conservation Act search also discloses archeological sites.

Homeowner Protection Act

  • The Seller represents and warrants that:

    (a) the Seller is a licensed residential builder under the Homeowner Protection Act (“HPA”); and

    (b) the Property is covered by at least the minimum mandatory third-party home warranty insurance required by the HPA.

    At the Buyer’s request, the Seller will promptly provide to the Buyer the New Home Registration Form for the Property.

  • Subject to the Buyer receiving a copy of the home warranty insurance policy for the Property from the Seller and being satisfied, on or before (date), with the terms of that policy (including commencement and expiry dates and any exclusions for coverage). This condition is for the sole benefit of the Buyer.

    Considerations
    When declaring fulfillment or waiver of this “subject to” clause, do not include the wording in the licensed builder and warranty insurance coverage clause.

  • The Buyer acknowledges having received before signing this Contract a copy of the Owner Builder Disclosure Notice dated (date) for the Property in accordance with the Homeowner Protection Act and its regulations.

Inspection

  • Subject to the Seller, at the Seller’s expense, providing to the Buyer a copy of the site disclosure statement (as defined in the Environmental Management Act) for the Property and the Buyer being satisfied, on or before (date), with that site disclosure statement. This condition is for the sole benefit of the Buyer.

    Considerations
    The term “site disclosure statement” replaces the term “site profile” per legislative amendments.

  • The Seller will, at the Seller’s expense, provide to the Buyer a site disclosure statement (as defined in the Environmental Management Act) for the Property, on or before (date). The Seller represents and warrants, to the best of the Seller’s knowledge, that the information contained in that site disclosure statement is true, complete and correct.

    Considerations
    The term “site disclosure statement” replaces the term “site profile” per legislative amendments.

  • Subject to:

    (a) the Buyer obtaining, at the Buyer’s expense, an inspection report that provides that the cumulative cost to remedy any defects does not exceed (select dollar amount); and

    (b) the Buyer being satisfied, on or before (date), that any defects identified in that report would not reasonably adversely affect the use or value of the Property. This condition is for the sole benefit of the Buyer. The Seller, on reasonable notice, will allow access to the Property for the purpose of the inspection(s).

  • Subject to the Buyer obtaining, at the Buyer’s expense, an inspection report and the Buyer being satisfied, on or before (date), with the results of the inspection report. This condition is for the sole benefit of the Buyer. The Seller, on reasonable notice, will allow access to the Property for the purpose of the inspection(s)

  • Subject to the Buyer obtaining, at the Buyer’s expense, an inspection report from (insert name of inspecting body or authority) concerning (describe condition) and being satisfied, on or before (date), that the findings of that report would not reasonably adversely affect the use or value of the Property. This condition is for the sole benefit of the Buyer. The Seller, on reasonable notice, will allow reasonable access to the Property for the purpose of the inspection.

Insurance

  • Subject to the Buyer obtaining approval, on or before (date), from a licensed insurer for property (including fire) and liability insurance for the Property on terms and at rates satisfactory to the Buyer. This condition is for the sole benefit of the Buyer.

  • The Buyer acknowledges that the (select wood stove, fireplace insert or chimney) installed on the Property may not be in compliance with applicable laws governing its installation or use and may render any fire insurance void. The Buyer accepts the (select wood stove, fireplace insert or chimney) in its present condition, on an “as is, where is” basis.

  • Subject to the Buyer obtaining, on or before (date), confirmation from the Buyer’s insurance agent that the (select wood stove, fireplace insert or chimney) installed on the Property will not affect the Buyer’s ability to obtain property (including fire) and liability insurance, and if that insurance is available to the Buyer, will not result in a cost for that insurance that is unsatisfactory to the Buyer. This condition is for the sole benefit of the Buyer.

Lawyer/Accountant Approval

  • Subject to the Seller receiving, on or before (date), approval by the Seller’s legal, accounting and other professional advisors of the terms and conditions of this Contract. This condition is for the sole benefit of the Seller.

    Considerations
    This clause allows for approval by professional advisors, not just lawyer or accountant.

  • Subject to the Buyer receiving, on or before (date), approval by the Buyer’s legal, accounting and other professional advisors of the terms and conditions of this Contract. This condition is for the sole benefit of the Buyer.

    Considerations
    This clause allows for approval by professional advisors, not just lawyer or accountant.

  • Subject to the Seller’s lawyer approving, on or before (date), the provisions set out in this Contract for holding the Deposit. This condition is for the sole benefit of the Seller.

  • Subject to the Buyer’s lawyer approving, on or before (date), the provisions set out in this Contract for holding the Deposit. This condition is for the sole benefit of the Buyer.

  • The Seller acknowledges that the Seller has been advised to obtain legal advice before signing this Contract, regarding the provisions in this Contract for holding the Deposit.

  • The Buyer acknowledges that the Buyer has been advised to obtain legal advice before signing this Contract, regarding the provisions in this Contract for holding the Deposit.

  • Subject to the Seller’s lawyer approving, on or before (date), the financing terms and conditions for the Seller’s provision of financing to the Buyer. This condition is for the sole benefit of the Seller.

  • Subject to the Buyer’s lawyer approving, on or before (date), the financing terms and conditions for the Seller’s provision of financing to the Buyer. This condition is for the sole benefit of the Buyer.

  • Subject to the Seller obtaining, on or before (date), legal advice satisfactory to the Seller concerning (define applicable legal issue, e.g., easement, builders’ lien, financing). This condition is for the sole benefit of the Seller.

    Considerations
    The specific issue needs to be described in this clause.

  • Subject to the Buyer obtaining, on or before (date), legal advice satisfactory to the Buyer concerning (define applicable legal issue, e.g., easement, builders’ lien, financing) on or before (date). This condition is for the sole benefit of the Buyer.

    Considerations
    The specific issue needs to be described in this clause.

Leasehold

  • The Seller represents and warrants:

    (a) the Property is subject to a tenancy agreement under the Residential Tenancy Act;

    (b) the monthly rent is (amount);

    (c) the monthly rent includes (any inclusions);

    (d) the monthly rent is due on the (number) day of each month;

    (e) the last rental increase was (date);

    (f) a security deposit of (amount) was paid by the tenant on (date); and

    (g) a pet damage deposit of (amount) was paid by the tenant on (date).

    Considerations
    This clause should be used for just residential.

    This clause, once completed, will contain tenant’s personal information, as defined in the Personal Information Protection Act.
    Before disclosing the information set out in this clause to the Buyer, the Seller or the Seller’s licensee should obtain the tenant’s consent to that disclosure. If consent cannot be obtained, the Seller and/or the Seller’s licensee should obtain legal advice relating to their obligations under privacy law.

  • If the Seller has received from the Buyer a request to give a notice to end tenancy in accordance with section 49 of the Residential Tenancy Act, the Seller will promptly give a notice to end the tenancy in accordance with the provisions of the Residential Tenancy Act to any tenants of the Property.

  • The Buyer acknowledges that the Property contains unauthorized accommodation and understands the potential consequences including loss of income if the Buyer is required to discontinue any rental of that unauthorized accommodation.

  • (a) The Seller will assign to the Buyer all of the Seller’s rights, title and interest and the Buyer will assume all payments, obligations and covenants in the lease dated (date) (the “Lease”) as that Lease may have been assigned from time to time. The Lease will be free and clear of all financial encumbrances.

    (b) Subject to the Buyer receiving, reviewing and being satisfied with, on or before (date), the head lease dated (date) and the Lease and any schedules or details of rules and regulations.

    This condition is for the sole benefit of the Buyer.

    (c) Subject to the Buyer receiving, on or before (date), consent to the assignment of the Lease.

    The Seller will provide reasonable assistance, at the expense of the Buyer, in obtaining consent to the assignment of the Lease.

    This condition is for the sole benefit of the Buyer.

    Considerations
    A, b and/or c may be used separately or together, as appropriate depending on the circumstances.

  • The Buyer will permit the Seller to remain in possession until the Possession Date as a “seller in possession.” The Buyer and the Seller agree that the extension of possession past the Completion Date to the Possession Date does not create a tenancy agreement under the Residential Tenancy Act.

    Considerations
    This clause should be used for a period of time that is only a very small number of days.

  • Subject to the Seller and the Buyer entering into an agreement on or before (date) for the Seller to remain in possession until the Possession Date as a “seller in possession”. The Buyer and the Seller agree that the extension of possession past the Completion Date to the Possession Date does not create a tenancy agreement under the Residential Tenancy Act.

    This condition is for the benefit of the Seller and the Buyer.

    Considerations
    This clause should be used for a period of time beyond a small number of days.

  • Subject to the Buyer receiving and being satisfied with, on or before (date), the tenancy agreement for the Property.

    This condition is for the sole benefit of the Buyer.

    Considerations
    Tenancy agreements contain tenant’s personal information, as defined in the Personal Information Protection Act.

    Before providing the tenancy agreement to the Buyer, the Seller or the Seller’s licensee should obtain the tenant’s consent to that disclosure. If consent cannot be obtained, the Seller and/or the Seller’s licensee should obtain legal advice relating to their obligations under privacy law.

Miscellaneous

  • The Seller represents and warrants that the appliances included in the purchase of the Property will be in proper working order as of the Possession Date.

    Considerations
    Real Estate Professionals need to properly describe the appliances. Consider a full list and also identification for expensive items.

  • The Seller and the Buyer agree that the terms and conditions set out in this Contract will not be disclosed to any other person, other than professional advisors and lenders, without the prior written consent of the Seller and the Buyer.

    Considerations
    This confidentiality clause would only be binding if an offer or counter offer were accepted. Until that time there is no contract, and therefore confidentiality would not be protected at that time using this clause. Consider obtaining a non-disclosure agreement separate from Contract and have it signed by Buyer and Seller before any offer is made.

    Consider MLS rules on this issue.

  • Subject to the approval of the sale of the Property by (name) on or before (date). This condition is for the sole benefit of the Seller.

    Considerations
    This is a third party approval.

  • Subject to the approval of the purchase of the Property by (name) on or before (date). This condition is for the sole benefit of the Buyer.

    Considerations
    This is a third party approval.

  • Subject to the Seller entering into an unconditional contract of purchase and sale with the Buyer for the Seller’s purchase of the Buyer’s property described as (insert civic and legal description) on or before (date). The condition is for this benefit of the Seller and the Buyer.

    Considerations
    Doing a trade can be complicated. You should discuss a transaction of this nature with your managing broker.

  • Subject to the Seller entering into a contract of purchase and sale with the Buyer for the Seller’s purchase of the Buyer’s property described as (insert civic and legal description) and that contract becoming unconditional on or before (date). This condition is for the benefit of the Seller and the Buyer.

    Considerations
    Doing a trade can be complicated. You should discuss a transaction of this nature with your managing broker.

New Construction

  • In recognition of the Buyer’s potential liability under section 35 of the Builders Lien Act, the Buyer’s Conveyancer will hold back from the sale proceeds an amount equal to 10% of the purchase price of the improvements (the “Holdback”):

    1. for 55 days after the date of issuance of the certificate of completion; or
    2. where there is no certificate of completion, for 55 days after the later of:
      1. the date the head contract is completed, abandoned, or terminated; or
      2. the date the occupancy permit is issued

    (the “Holdback Period”).

    The Buyer and the Seller agree that the purchase price of the improvements for the purposes of section 35 of the Builders Lien Act is $(amount). On the expiry of the Holdback Period, the Buyer’s Conveyancer will release the Holdback to the Seller; however, if any liens under the Builders Lien Act have been filed against title to the Property with respect to the improvements, then the Buyer’s Conveyancer may:

    1. continue to retain a portion of the Holdback equal to the amount of those lien(s) until receiving satisfactory evidence from the Seller that the liens have been discharged from the title to the Property: or
    2. pay that portion of the Holdback into court under section 23 of the Builders Lien Act.

    Optional

    The Buyer’s Conveyancer will place the Holdback in an interest-bearing trust account with interest accruing to the Seller.

    Considerations

    If the amount of the holdback is small, the bank charges and administrative costs of putting the funds in an interest bearing account may exceed the interest earned.

  • The Buyer and a representative of the Seller will jointly conduct a walk-through inspection of the Property no later than (number of days) days before the Completion Date.

    Upon completion of that inspection, the Buyer and the Seller will complete a mutually agreed deficiency list (“Deficiency List”) detailing all items that are to be remedied by the Seller (each, a “Deficiency”) and a value for each Deficiency to be remedied. The Buyer and the Seller will sign and date the Deficiency List which will then form part of this Contract.

    The quality of work and materials used by the Seller to correct the Deficiencies will be equal to or better than that of the surrounding construction.

    The Seller will use all commercially reasonable efforts to remedy the Deficiencies before the Completion Date and will provide the Buyer with written confirmation that all Deficiencies have been remedied.

    If, despite exercising commercially reasonable efforts, the Seller has not remedied or will not be able to remedy the Deficiencies (number of days) days prior to the Completion Date, the Seller or the Seller’s Conveyancer will immediately notify the Buyer and the Buyer’s Conveyancer of this fact. The Buyer’s Conveyancer will then hold back from the sale proceeds in its trust account an amount equal to the total value of the unremedied Deficiencies (the “Deficiencies Holdback”).

    If there are unremedied Deficiencies as of the Completion Date, and the required notice, as provided for above, has been given to the Buyer and the Buyer’s Conveyancer, the Seller will nevertheless remedy all unremedied Deficiencies by (number of days) days after the Completion Date (the “Deficiency Remedy Date”). After the Completion Date, upon the Seller’s written request, the Buyer will provide the Seller with reasonable access to the Property to enable the Seller to remedy the Deficiencies.

    If all of the Deficiencies are remedied by the Seller on or before the Deficiency Remedy Date, the Buyer will instruct the Buyer’s Conveyancer to immediately release to the Seller the Deficiencies Holdback.

    If all of the Deficiencies are not remedied by the Deficiency Remedy Date, the Buyer will instruct the Buyer’s Conveyancer to only release from the Deficiencies Holdback the total value of the Deficiencies that have been remedied. In this case, the Buyer may either:

    1. agree to extend the Deficiency Remedy Date; or
    2. instruct the Buyer’s Conveyancer to release the balance of the Deficiencies Holdback to the Buyer for the purposes of correcting the unremedied Deficiencies without the involvement of the Seller and without limiting any other rights or remedies that the Buyer may have against the Seller.

    Any dispute concerning the items and values in the Deficiency List, the remedy of the Deficiencies, and the release of funds from the Deficiency Holdback will be settled by a single arbitrator under the Arbitration Act, with the costs of arbitration being shared equally by the parties.

  • The Seller represents and warrants that:

    1. the Seller is a licensed residential builder under the Homeowner Protection Act (“HPA”); and
    2. the Property is covered by at least the minimum mandatory third-party home warranty insurance required by the HPA.

    At the Buyer’s request, the Seller will promptly provide to the Buyer the New Home Registration Form for the Property.

  • Subject to the Buyer receiving a copy of the home warranty insurance policy for the Property from the Seller and being satisfied, on or before (date), with the terms of that policy (including commencement and expiry dates and any exclusions for coverage). This condition is for the sole benefit of the Buyer.

    Considerations
    When declaring fulfillment or waiver of this “subject to” clause, do not include the wording in the licensed builder and warranty insurance coverage clause.

  • The Buyer acknowledges having received before signing this Contract a copy of the Owner Builder Disclosure Notice dated (date) for the Property in accordance with the Homeowner Protection Act and its regulations.

Occupancy Permit

  • Before the Completion Date, the Seller will provide to the Buyer an unconditional municipal or regional district occupancy permit or legal equivalent evidencing a final inspection by the local authorities (“Permit”). If the Seller does not provide the Permit to the Buyer before the Completion Date, the Buyer may terminate this Contract on written notice to the Seller or the Seller’s agent, and the Deposit will be returnable in accordance with the Real Estate Services Act.

Sewage

  • The Buyer acknowledges and accepts that the Property may not be approved for an onsite sewerage system and that no representations or warranties to the contrary have been made to the Buyer by the Seller or the Seller’s agent.

  • Subject to the Buyer, at the Buyer’s expense, obtaining an assessment of the Property by an authorized person (as defined in the Sewerage System Regulation) to determine the feasibility and costs of installing an onsite sewerage system on the Property and the Buyer being satisfied, on or before (date), with the results of that assessment. This condition is for the sole benefit of the Buyer.

  • The Seller represents and warrants to the Buyer that the onsite sewerage system (“System”) on the Property was installed, inspected and approved by an authorized person (as defined in the Sewerage System Regulation) and a permit or letter of certification respecting the System is on file with the relevant health authority.

  • The Buyer acknowledges and accepts that the onsite sewerage system (“System”) on the Property does not meet the standards set out in the Sewerage System Regulation and that a permit or letter of certification respecting the System is not on file with the relevant local health authority. The Buyer acknowledges and agrees that neither the Seller nor the Seller’s agent has made any representation or warranty, or has given any express or implied warranties or conditions, statutory or otherwise, respecting the System. The Buyer accepts the System, in its present condition, on an “as is, where is” basis.

  • Subject to the Buyer, at the Buyer’s expense, (date), with a report from an authorized person (as defined in the Sewerage System Regulation (“Regulation”)) respecting the operational function and condition of the components of the onsite sewerage system (“System”) on the Regulation. This condition is for the sole benefit of the Buyer.

    Considerations

    Buyer Sewerage System inspection

Strata

  • Subject to the Buyer obtaining and being satisfied, on or before (date), with a Property Disclosure Statement with respect to the Property.

    This condition is for the sole benefit of the Buyer.

    If this condition is satisfied or waived, the Property Disclosure Statement will be incorporated into and form part of this Contract.

  • The Buyer acknowledges that the strata lot or limited common property associated with the strata lot may have been used to grow cannabis (other than as permitted by law) or for the growth or manufacture of illegal substances, and acknowledges that the Seller makes no representations or warranties with respect to the state of repair of the strata lot or the limited common property associated with the strata lot. The Buyer accepts the strata lot and limited common property in their present state, and in an “as is” condition.

  • Subject to the Buyer receiving and being satisfied with, on or before (date), a lease or licence between _____, as landlord or licensor, and _____, as tenant or licensee, confirming that the Seller is entitled to the exclusive use of parking stall(s) (number) and storage locker(s) (number) and that the lease or licence may be assigned to the Buyer.

    This condition is for the sole benefit of the Buyer.

  • The Seller represents and warrants that, during the time the Seller has owned the strata lot, neither the strata lot nor any limited common property associated with the strata lot has been used to grow cannabis (other than as permitted by law) or for the growth or manufacture of illegal substances.

  • The Seller will promptly provide to the Buyer a copy of any notice of a resolution to amend the bylaws of the strata corporation for the Property, or an applicable section, after the date of this Contract.

    The Seller will promptly provide to the Buyer any information received by the Seller regarding any amendment to the rules of the strata corporation for the Property, or applicable section, proposed or implemented after the date of this Contract.

  • The Buyer acknowledges that the strata corporation for the Property may not be operating in compliance with the Strata Property Act. Among other things, there may be no strata council, no strata meetings, no budget, no strata fees being collected, and no operating or contingency reserve funds or financial records.

    The Buyer acknowledges that the Buyer has been advised to obtain legal advice regarding the non-compliance of the strata corporation before signing this Contract.

  • The attached Property Disclosure Statement dated (date) is incorporated into and forms part of this Contract.

  • The Buyer acknowledges having received and is satisfied with:

    1. A Form B Information Certificate from the strata corporation, or applicable section, dated (date), which includes the strata corporation’s rules, current budget, the owner developer’s Rental Disclosure Statement (if any), the most recent depreciation report (if any), and all other attachments referred to in the Form B, as may be applicable.
    2. A copy of the registered strata plan, any amendments to the strata plan, and any resolutions dealing with changes to common property.
    3. The current bylaws and financial statements of the strata corporation, and any section to which the Property belongs.
    4. The minutes of any meetings held in the past two years which includes strata council meetings, annual or special general meetings, and meetings of the executive of any section to which the Property belongs.
    5. The current insurance cover note or other evidence of insurance issued by the insurer explaining the strata corporation’s insurance coverage, coverage limits, expiration date(s), and deductibles.

    Add all other documentation actually received.

  • Subject to the Buyer and Seller, on or before (date), entering into an assignment from the Buyer to the Seller for nominal consideration of all the Buyer’s right, title and interest in any funds paid by the strata corporation to the Buyer as a result of (enter the reason for the payment such as the return of money assessed by a special levy, including relevant dates.)

    This condition is for the benefit of the Seller and the Buyer.

  • If a special levy is approved by the strata corporation, or applicable section, after this Contract is entered into but before the Completion Date, the Seller will, on the Completion Date, credit the Buyer with the entire portion of the special levy that the Buyer is obligated to pay under the Strata Property Act.

  • If a special levy is approved by the strata corporation, or applicable section, after this Contract is entered into but before the Completion Date, the Seller will, on the Completion Date, credit the Buyer with _____% of the portion of the special levy that the Buyer is obligated to pay under the Strata Property Act.

  • The Buyer and the Seller hereby irrevocably direct the Buyer’s Conveyancer to hold back a portion of the Purchase Price in the amount of $_____, (the “Holdback”) until (date) (the “End Date”). The Buyer’s Conveyancer will pay to the strata corporation, or applicable section, out of the Holdback any special levies (or similar levies charged by the strata corporation or applicable section) (“Levies”) that are levied and payable after the Completion Date and before the End Date. On the End Date the Buyer’s Conveyancer will pay any remaining balance of the Holdback to the Seller if the Levies are payable in full before the End Date. On the End Date the Buyer’s Conveyancer will pay any remaining balance of the Holdback as follows:

    1. to the Buyer, that portion of the remaining balance of the Holdback required to pay any portion of the Levies payable after the End Date; and
    2. to the Seller, that portion of the remaining balance of the Holdback, if any, in excess of the amount required to pay any portion of the Levies payable after the End Date.
  • A strata plan for the Property, substantially and materially in the form provided to the Buyer before signing this Contract and attached as an addendum, must be fully and finally registered by the Seller in the Land Title Office on or before the Completion Date. If the Seller breaches this clause the Buyer may, at the Buyer’s option, terminate this Contract, and the Deposit will be returnable in accordance with the Real Estate Services Act.

  • Subject to the Buyer, receiving and being satisfied with, on or before (date), the following documents:

    1. A Form B Information Certificate from the strata corporation, or applicable section, which includes the strata corporation’s rules, current budget, the developer’s Rental Disclosure Statement (if any), the most recent deprecation report (if any), and all other attachments referred to in the Form B, as may be applicable;
    2. A copy of the registered strata plan, any amendments to the strata plan, and any resolutions dealing with changes to common property;
    3. The current bylaws and financial statements of the strata corporation, and any section to which the strata corporation lot belongs;
    4. The minutes of any meetings held in the past two years which includes strata council meetings, annual or special general meetings, and meetings of the executive of any section to which the Property belongs; and
    5. The current insurance cover note or other evidence of insurance issued by the insurer explaining the strata corporation’s insurance coverage, coverage limits, expiration date(s), and deductibles.
    6. [Include any other information, document, record or report the Buyer needs before being committed to buy. This may include any item of repair or maintenance, special levy, pending bylaw or rule changes, judgment or liability.]

    Immediately upon acceptance of the offer or counter-offer, the Seller hereby authorizes the (Seller’s/Buyer’s) agent, to request, at the (Seller’s/Buyer’s) expense, complete copies of the documents listed above from the strata corporation, or applicable section, or other source and to immediately, upon receipt, deliver the documents to the Buyer (or the Buyer’s agent). This condition is for the sole benefit of the Buyer.

Subject to Selling/Buying

  • Subject to the contract for the sale of the Buyer’s property at (address) becoming unconditional on or before (date). This condition is for the sole benefit of the Buyer.

    Considerations
    The Buyer has entered into a conditional contract to sell Buyer’s property before offering to buy the Seller’s Property.

    Use with Seller invoking time clause and notice from Seller to Buyer as may be appropriate, or may be used alone without Seller invoking time clause and notice from Seller to Buyer.

  • Subject to the Buyer entering into a contract to sell the Buyer’s property at (address) and that contract becoming unconditional on or before (date). This condition is for the sole benefit of the Buyer.

    Considerations
    Buyer has not yet entered into a contract to sell Buyer’s property before offering to buy the Seller’s Property.
    Use with Seller invoking time clause and notice from Seller to Buyer as may be appropriate, or may be used alone without Seller invoking time clause and notice from Seller to Buyer.

  • The Seller may (select either “at any time” or “upon receipt of another acceptable offer for the Property”) deliver written notice to the Buyer or to (name of Buyer’s agent and brokerage) requiring the Buyer to waive or satisfy all conditions in this Contract within (number) hours of the delivery of the written notice, not to include Sundays and statutory holidays. If the Buyer fails to waive or satisfy all of the conditions before expiry of the notice period this Contract will terminate and the Deposit will be returnable in accordance with the Real Estate Services Act.

  • This document constitutes written notice from the Seller to the Buyer requiring the waiver or fulfillment of all conditions from this Contract within (number) hours, not including Sunday or statutory holidays, or this Contract will terminate and the Deposit will be returnable in accordance with the Real Estate Services Act.

    Time will start running on delivery of this Notice to the Buyer or to (name of Buyer’s agent and brokerage) which will be at (time of delivery of notice) o’clock (select either a.m. or p.m.) on (date). Therefore, the (number of hours) hours will expire at (time) o’clock (select either a.m. or p.m.) on (date).

    Considerations
    Real Estate Professionals should make it clear that defined terms in the notice have the same meaning as in the Contract.

    Real Estate Professionals should refer to the Guidelines.

    Delivery should be by email, text or a method whereby the date and time of delivery can be established.

  • Subject to the contract dated (date) for the purchase by the Seller of another residence becoming unconditional on or before (date).

    This condition is for the sole benefit of the Seller.

    Considerations

    Seller has entered into conditional contract to buy another property when Buyers make offer

  • Subject to the Seller entering into a contract to purchase another residence and that contract becoming unconditional on or before (date).

    This condition is for the sole benefit of the Seller.

    Considerations

    Seller has not yet entered into contract to buy another property when Buyer makes offer.

Title

  • On the Completion Date, in addition to the encumbrances set out in section 9 of the Contract, title to the Property will be subject to the encumbrances and legal notations expressly indicated to remain on title as shown on the copy of the title search that is attached to this Contract.

    Considerations
    This clause and title subject to listed encumbrances are similar. This clause may be used if the Real Estate Professional wishes to attach and mark up the title to indicate which encumbrances are to remain. This clause might be preferred where there are a significant number of encumbrances that will remain on title (e.g. air space titles).

    Real Estate Professionals should also review the common property record for strata developments.

  • On the Completion Date, in addition to the encumbrances set out in section 9 of the Contract, title to the Property will be subject to:

    1. [List other encumbrances and legal notations to remain on title];
    2. […]; and
    3. […]

    set out in the copy of the title search that is attached to this Contract.

    Considerations
    This clause and title subject to encumbrances shown on title are similar.

    This clause may be used if the Real Estate Professional wishes to include a list/description of encumbrances that are to remain (rather than mark up the attached title as would be done if using the title subject to encumbrances clause).

    If there are legal notations that are to remain on title, those notations should be listed in the clause.

    Real Estate Professionals should also review the common property record for strata developments.

  • Subject to the Buyer being satisfied, on or before (date), with the title, encumbrances and legal notations affecting or benefitting the Property. This condition is for the sole benefit of the Buyer.

    On the Completion Date, in addition to the encumbrances set out in section 9 of the Contract, title to the Property will be subject to the encumbrances and legal notations expressly indicated to remain on title as shown in the title search that is attached to this Contract.

Water

  • Subject to the Buyer, at the Buyer’s expense, receiving a water potability test report from a qualified professional for water used or consumed on the Property and being satisfied, on or before (date), with the results of that report. This condition is for the sole benefit of the Buyer.

  • Subject to the Buyer, at the Buyer’s expense, receiving a report from a qualified professional concerning the quantity and quality of the Property’s water supply and being satisfied, on or before (date), with the results of that report. This condition is for the sole benefit of the Buyer.

Zoning

  • Subject to the Buyer, at the Buyer’s expense, obtaining final approval of a rezoning bylaw changing the zoning of the Property from (current zoning) to (desired zoning), on or before (date). This condition is for the sole benefit of the Buyer.

    The Seller will cooperate with the Buyer, at the Buyer’s expense, in connection with the rezoning of the Property, including by promptly providing any authorizations or consents that the Buyer may reasonably require to facilitate the rezoning.

  • Subject to the Buyer confirming that zoning for the Property is (indicate desired zoning), on or before (date). This condition is for the sole benefit of the Buyer.

    Considerations

    To be used by more sophisticated buyer familiar with zoning.

  • Subject to the Buyer being satisfied, on or before (date), with the uses permitted by the relevant zoning bylaw. This condition is for the sole benefit of the Buyer.

  • The Buyer acknowledges having read a copy of the relevant zoning bylaw for the Property and the Buyer is aware of the uses permitted by that zoning bylaw.