Section 2 of the Offer to Purchase governs how much is paid, when ownership transfers, and what condition the property must be in at completion and possession. Errors or assumptions in this section are a common cause of disputes, delayed closings, and failed transactions.
REALTORS® are responsible for accurately documenting the parties’ instructions — not determining tax or legal outcomes.
Clearly state the total purchase price
Ask the seller how they intend GST to be treated (included or excluded)
Ensure the contract wording reflects the seller’s stated intention
Recommend that both buyer and seller obtain legal and accounting advice regarding GST
REALTORS® do not determine whether GST applies.
Where the purchase price states that it includes any applicable GST, REALTORS® must ensure the wording reflects the seller’s intention — not make a tax determination.
REALTORS® should:
ask the seller how they expect GST to be treated
document that expectation clearly in the contract
recommend confirmation with the parties’ lawyer and accountant
If the seller expects GST to be charged in addition to the stated purchase price, the contract must be amended before acceptance.
If GST is excluded:
cross out “includes GST”
clearly indicate “GST is excluded”
ensure all parties initial the change
GST issues are one of the most common causes of:
last-minute disputes
lawyer intervention
delayed release of funds at closing
GST expectations must be clarified before acceptance, not at completion.
Ensure the contract clearly states whether GST is included or excluded
Avoid ambiguous or inconsistent GST wording
Recommend professional advice where GST may apply
REALTORS® document instructions — they do not provide tax advice.
If GST is incorrectly or ambiguously addressed:
buyers may face unexpected costs
sellers may receive less net proceeds than expected
lawyers may require amendments or refuse to release funds
Clear drafting reduces closing risk.
Completion Day is when:
the full purchase price is paid
ownership transfers through the lawyers
transfer documents are submitted for registration
Land Titles registration may occur days or weeks later, but registration delays do not change contractual completion or possession dates.
Possession is when the buyer receives physical access to the property, typically at 12:00 noon on the possession date.
Completion and possession are not the same thing.
A buyer may legally own the property before they can physically occupy it.
If the property is to be vacant, “vacant possession” remains
If the property will be tenanted, cross out “vacant” and replace with “tenanted”
All tenancies must comply with Alberta tenancy legislation
REALTORS® must confirm the seller’s intent before acceptance, not assume vacancy.
If the seller fails to deliver vacant possession:
the buyer may be unable to move in
temporary accommodation or storage costs may arise
disputes often occur after completion
legal remedies may be required
Ownership may already have transferred, leaving the buyer owning a property they cannot occupy.
Vacant possession is a contractual obligation
Failure to vacate is not automatically resolved
Remedies are often post-completion and limited
REALTORS® cannot guarantee outcomes once funds are released
This risk must be discussed before acceptance, especially when:
the seller is still occupying the property
the seller is purchasing another home
possession is same-day or next-day after completion
If the buyer fails to pay the full purchase price by completion, the buyer is in default of the contract.
Most Alberta contracts provide for:
interest on the outstanding balance
typically Alberta Prime Rate + 3% per annum
calculated daily
accruing from completion until funds are received
REALTORS® do not calculate or collect interest — this is handled by the lawyers.
The seller may:
allow completion with interest
refuse to complete
terminate the contract
retain the deposit (subject to legal advice)
pursue damages or relist
The seller is not required to accept late funds.
ensure buyers understand funds must be available on completion
avoid promising flexibility the seller may not grant
communicate immediately if delays arise
escalate early to the brokerage and lawyers
Late payment is not an administrative delay — it is a contractual default.
Delays in registration or document processing may affect:
possession timing
moving arrangements
utility transfers
ensure documents are submitted on time
maintain communication with lawyers
manage client expectations
REALTORS® facilitate communication — they do not control registration timelines.
The property must be in substantially the same condition as at acceptance, with:
all attached goods included
all unattached goods included
goods in normal working order
“Substantially the same condition” is subjective and a common source of dispute.
Schedule a walkthrough shortly before completion
Confirm:
property condition
operation of systems and appliances
inclusion of agreed goods
If issues arise:
notify the buyer’s lawyer immediately
funds should not be released until addressed
remedies may include repairs, credits, holdbacks, or negotiated compensation
Clarify GST treatment before acceptance
Do not confuse completion with possession
Confirm vacant vs tenanted possession explicitly
Ensure buyer funding readiness
Always schedule a final walkthrough
Address issues before funds are released
Post-condition damage, repairs, and liability are addressed further in Property Due Diligence & Risk and Post-Condition Repairs & Buyer Liability.