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OFFER TO PURCHASE RESIDENTIAL

1.

PARTIES

PURCHASER 1:
Name:

Home Phone:

Address:

Work Phone:

E-mail:

PURCHASER 2:
Name:

Home Phone:

Address:

Work Phone:

E-mail:

Hereinafter thePurchaser

VENDOR 1:
Name:

Home Phone:

Address:

Work Phone:

E-mail:

VENDOR 2:
Name:

Home Phone:

Address:

Work Phone:

E-mail:

2.

Hereinafter theVendor

OBJECT OF THE CONTRACT

The Purchaser, having inspected the property listed below, hereby offers to purchase from the Vendor the land and
premises described as follows, including all buildings thereon (hereinafter the Property), subject to the reservations
and exceptions appearing in the existing Certificate of Title and free and clear of all encumbrances, except such
encumbrances as are hereafter expressly excepted:
Address:

Legal description:

3.

(number, street, city, province, postal code)


(lot, block, plan number)

PRICE AND DEPOSIT

3.1
PRICE: The Purchase Price shall be



dollars (indicate the amount in words), to be paid as follows:

(Indicate the amount in numbers)

*This model document is for reference purposes only; it can be modified by the parties, especially, without limitation, with respect to the conditions
and time periods. In each case, we advise you to consult a lawyer. ComFree disclaims any and all liability with respect to the accuracy, sufficiency
and relevance of this document.
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Page 1 of 4

a) DEPOSIT:
$

dollars
(Indicate the amount in numbers)
(indicate the amount in words) as a deposit, paid by the Purchaser to the
Vendors law firm, receipt of which is hereby acknowledged, to be held
in trust pending completion or other termination of this agreement as
provided herein and to be credited on account of the Purchase Price on
closing.
b) BALANCE:
$

dollars (indicate the amount in
(Indicate the amount in numbers)
words) as a balance of cash or funds pursuant to a new mortgage (to be
arranged at the Purchasers expense) or by assumption of the Vendors
existing mortgage. Name of mortgage company (if available):

4.

CONDITIONS

4.1

This Offer is subject to the following conditions:


a) A deposit in the amount of $
(indicate the amount in numbers) being tendered with this
Offer. The deposit is to be held in trust by the Vendors lawyer until this sale is completed and is to be
credited towards the Purchase Price.
b) The Purchaser obtaining approval of a mortgage on the Property in the amount set forth above. The
Purchaser agrees to make every reasonable effort to obtain the mortgage approval.
c) A satisfactory property inspection, including a report from a furnace inspector and/or gasline inspection.
d) Receipt of a Real Property Report satisfactory to the Purchasers (at the Purchasers expense). If the
Vendor has a Surveyors Certificate or Real Property Report for the Property, the Vendor will deliver
the same to the Purchaser as soon as it is reasonably possible after the acceptance of this Offer by the
Vendor.
e) Disclosure of the Propertys condition in a statement prepared by the Vendor and which is satisfactory
to the Purchaser and/or receipt of a home inspection report and/or structural engineers report
commissioned by the Purchaser.
f) The Purchasers solicitor approving the estoppel certificate, by-laws and financial statement (if the
Property is a condominium), within ten (10) days from the date the documents are provided to the
Purchasers solicitor by the Vendor.
g) OTHER CONDITIONS:



4.2

All of the above conditions are to be satisfied by , 20

4.3

In the event the conditions set forth above have not been fulfilled, performed or waived on or before the
dates specified above, the deposit shall be forthwith returned to the Purchaser, without interest, and this
agreement shall be null and void.

5.

POSSESSION DATE AND DECLARATIONS OF THE PARTIES

5.1

The parties shall complete this transaction on or before 12:00 noon CST on
,
20
(hereinafter the Date of Possession), on which date the Purchaser shall have vacant possession.

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5.2

All adjustments of taxes, insurance, utilities, and other income or expenses shall be made as at the Date of
Possession. The Purchaser acknowledges that taxes, tax credits, and payments and mortgage interest rate
may be subject to revision. Each party shall be responsible for their own federal and provincial taxes, if any.

5.3

The Purchaser agrees to pay to the Vendor interest at the rate of


% per annum on any portion of
the Purchase Price not received by the Vendor or his solicitor as at the Date of Possession, to be calculated
from the Date of Possession.

5.4

The following property and chattels are rented (e.g.: water heater, water softener, security alarm system):



.

5.5

The Vendor warrants that all items are free from encumbrances and shall be and remain as is at the date
of acceptance of this Offer and at the risk of the Vendor, including insurance coverage, until the Date of
Possession. All existing fixtures which are normally included are as follows: blinds, awnings, screen doors and
windows, attached floor coverings, drapery tracks, curtain rods and brackets, electrical, plumbing, heating
fixtures and attachments, furnace, trees and shrubbery. Additionally, the following appliances and chattels
are to be included in the sale and the Purchase Price (e.g.: garage door opener, built in vacuum, built in
dishwasher, washer, dryer, microwave, shed):



These items are owned by the Vendor and transferred and conveyed to the Purchaser under this agreement.
If a fixture or chattel is not expressly listed above, then it is not included in this transfer of property.

5.6

The Vendor and Purchaser agree to execute promptly, when prepared, any documents required to complete
this transaction. The Vendor and Purchaser each will be responsible for his own legal costs. Registration of
all required documents in the Land Titles Office, other than the discharge of the Vendors encumbrances, if
any, will be at the expense of the Purchaser. The Vendor shall pay all costs of discharging any mortgage or
other encumbrances not assumed by the Purchaser or accepted by the Purchaser hereunder.

5.7

In making this Offer the Purchaser relies entirely upon his own personal inspection or knowledge of the
Property. It is understood and agreed that there are no other representations, warranties, guarantees,
promises or agreements other than those contained in this agreement and the Purchaser agrees to purchase
the Property as it stands at the price, on the terms and subject to the conditions in this agreement. When
accepted by the Vendor within the time stipulated herein, this Offer shall constitute a binding contract of
purchase and sale by and between the Vendor and the Purchaser, their respective heirs, administrators,
successors and assigns, and time shall be of the essence hereof.

5.8

The Vendor and the Purchaser agree that the Property Condition Disclosure Statement as attached has
been completed that it shall form part of this agreement and that all of the representations, warranties and
covenants contained therein shall survive the closing of the purchase and sale of the Property and shall be
enforceable by the Purchaser.

5.9

If the Purchaser is a corporation, the Purchaser covenants and agrees with the Vendor that The Land
Contracts (Actions) Act and The Limitation of Civil Rights Act shall have no application to this agreement.

5.10

In this agreement the singular number and masculine gender shall also include the plural number and
feminine gender where the context so requires.

5.11

OTHER:

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5.12

This Offer is open for acceptance by the Vendor until

5.13

If this Offer is not accepted, the entire deposit and any other monies paid shall be forthwith returned to the
Purchaser, without interest. If this Offer is accepted and the Purchaser fails to make any required payment or
comply with the any of the terms of this agreement, this agreement shall be void at the Vendors option and
the said deposit, and any accrued interest thereon shall be forfeited to the Vendor. This shall not restrict the
Vendor from taking any other steps deemed reasonable to recover further damages.

6.

SIGNATURES

Signed at

(place)

, on

oclock, on

, 20

, at : .

(date)

(time)




Signature of Purchaser 1
Signature of witness



Signature of Purchaser 2
Signature of witness
The Vendor(s) hereby accept the above Offer and covenant to carry out the terms and conditions above mentioned
and hereby certify that each is a resident Canadian within the meaning of the Income Tax Act of Canada.
Signed at

(place)

, on

, at

(date)

(time)




Signature of Vendor 1
Signature of witness



Signature of Vendor 2
Signature of witness

7.

LAWYERS

The Lawyer for the Vendor shall be:

The Lawyer for the Puchaser shall be:

Vendor has Surveyors Certificate or Real Property Report:

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Yes

No

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