Representation:

300 - Buyer Representation Agreement (Buyer Client)

330 - Buyer Limitred Service Service Agreement

810 - Working with a Realtor - Form no longer in use - (RECO Guide must be shared)

Transaction Forms:

100 - Agreement of Purchase & Sale

320 - Confirmation of Cooperation & Representation

801 - Offer Summery

Multiple Offers:

*Form 325 - Multiple Representation, Seller Acknowledgment and Consent Disclosure. 

*Form 326 - Multiple Representation, Buyer Acknowledgment and Consent Disclosure. 

Must be signed before any negotiations or offers are presented

FINTRAC:

610 - Individual Information Record

635 - Receipt of funds

Situational Forms:

160 - Disclosure (If buying for yourself or related to buyer)

120 - Amendment to APS

123 - Waiver

124 - Notice of Fulfilment of Conditions

610 - Disclosure of Benefit / Payment to Registrant (ex: Pololoans referral.. etc)

Firm Offer:
If your client opts for a firm offer, Get a risk acknowledgement signed to protect yourself, you cal also use the below form

127 - Condition(s) In Offer - Buyer Acknowledgement

Seller is an SRP:

*  RECO - [Information and Disclosure to Self-represented Party]

Mandatory Clauses: (Please note this is for a conditional offer on financing and home inspection, If your client opts to go for a firm offer you must obtain a Risk Acknowledgment)

Please Note that the clauses have no titles, this is to allow easy copy and paste to Schedule A

_________________________________________________________________

The Buyer agrees to pay the balance of the Purchase Price, subject to adjustments, to the Seller on completion of this transaction, with funds drawn on a lawyer’s trust account in the form of a bank draft, certified cheque or wire transfer using the Lynx high value payment system as set out and prescribed by the Canadian Payments Act (R.S.C., 1985, c. C-21) as amended from time to time.

This Offer is conditional upon the Buyer arranging, at the Buyer's own expense, a new first charge/mortgage satisfactory to the Buyer in the Buyer's sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than 5 p.m. on the 5th business day (excluding holidays) following acceptance of this offer, that this condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without deduction. This condition is included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller as aforesaid within the time period stated herein.

This Offer is conditional upon the inspection of the subject property by a home inspector (which may or may not include separate structural, pool, termites, fire retrofit or other inspections at the sole option and cost of the Buyer)at the Buyer's own expense, and the obtaining of a report satisfactory to the Buyer in the Buyer's sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than 5:00 p.m. on the 5th business day following acceptance of this offer, that this condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without deduction. The Seller agrees to co-operate in providing access to the property for the purpose of this inspection. This condition is included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller as aforesaid within the time period stated herein.

The Seller represents and warrants that the chattels and fixtures as included in this Agreement of Purchase and Sale will be in good working order and free from all liens and encumbrances on completion. The Parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but apply only to the state of the property at completion of this transaction. The seller represents and warrants that all chattels and fixtures included in this agreement of sale are free from encumbrances and owned outright without any service or rental contracts.

The Buyer shall have the right to visit the interior of the property THREE further time prior to completion and once all conditions have been removed, provided that verbal notice is given to the Seller. This visit shall be for the purposes of measuring rooms, taking photos or having a contractor enter to provide repair or renovation estimates and shall be at a mutually agreed upon time within a seventy-two hour period following the giving of such notice. The Buyer's agent will be in attendance, on the premises at all times during the visit.

The Seller agrees to provide access to the property separate and in addition to the stated Buyer's visits for the purpose of bank and/or insurance appraisal.

The Seller agrees to provide, at the Seller's own expense, within 5 days of acceptance of this offer, an existing survey of said property showing the current location of all structures, buildings, fences, improvements, easements, rights-of-way, and encroachments affecting said property. The Seller will further deliver, on completion, a declaration confirming that there have been no additions to the structures, buildings, fences, and improvements on the property since the date of this survey.

It is agreed and understood that the Seller will remove all furniture, debris and personal belongings from the property on or before closing and further agrees to leave premises in a Broom Swept Condition.

In addition to any other provision in this Agreement or any Schedule thereto the parties agree that any deposit to be delivered by the Buyer to the Deposit Holder may be delivered by Electronic Funds Transfer (EFT) to an account designated by the Deposit Holder. Provided further the Buyer making the EFT shall, with respect the said EFT, provide such information to the Deposit Holder as required by the Deposit Holder to comply with the requirements of the Real Estate and Business Brokers Act, 2002, as amended from time to time or to comply with other relevant statutory requirements.

"The parties hereto consent and agree to the use of electronic signature pursuant to the Electronic Commerce Act 2000, S.O. 2000, c17 as amended from time to time with respect to this Agreement and any other documents respecting this transaction."

Situational Clauses: (Please read each clause carefully and make sure it applies to your client's situation)

1. Condition Upon Seller Getting Released from 1st deal

THIS OFFER IS CONDITIONAL upon the Seller being released from a prior Agreement of Purchase and Sale. Unless the Seller gives notice in writing delivered to the Buyer or to the Buyer's address as herein indicated by 9:00pm on the ____________________ that this condition is fulfilled, this offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. (This is a true condition precedent and neither the Seller nor Buyer is entitled to waive this condition at his option)

2. Condition on Buyers Property Selling

THIS OFFER IS CONDITIONAL upon the sale of the Buyer's property known as ____________________ on or before midnight of ____________________ and providing the seller and / or the seller's representative with notice in writing, failing which this offer shall become null and void and the Buyer's deposit shall be returned in full without interest or deduction. This condition is included for the sole benefit of the Buyer and may be waived at his sole option. Provided further that the Seller may continue to offer the property for sale and in the event he receives another firm and unconditional offer satisfactory to him, he may so notify the Buyer in writing by delivery to the Buyer or the Buyer's representative. The Buyer shall have 24 Hours for the giving of such notice to waive this condition by notice in writing delivered to the Seller, failing which this offer shall become null and void, and the Buyer's deposit shall be returned in full without interest or deduction and the Seller shall be at liberty to accept a new offer.

3.  Condition Seller Getting Probate (Will / Estate)

This offer is conditional upon the Seller receiving probate on or before ____________________, otherwise this Offer shall become null and void and the deposit money will be returned to the Buyer in full without interest or deduction. This condition is included for the benefit of the Seller and may be waived at their sole option. In the event that the probate is not obtained, the Buyer has the option of extending this condition on obtaining probate to a date not to exceed the closing date set out herein.

4. Condition Upon Buyer Getting Insurance

THIS OFFER IS CONDITIONAL for five (5) business days following acceptance of this offer, upon the Buyer obtaining insurance for the property satisfactory to the Buyer in the Buyer's sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller that this condition is fulfilled, this offer shall be null and void and the deposit shall be returned to the Buyer in full without interest or deduction. The Seller agrees to co-operate in providing access to the property, if necessary, for any inspection of the property required for the fulfillment of this condition. This condition is included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller within the time period stated herein.

5. Conditional Upon Seller Finding a House or Place to Live

This Offer is conditional upon the Seller finding accommodation satisfactory to the Seller in the Seller's sole and absolute discretion. Unless the Seller gives notice in writing delivered to the Buyer personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than Notice due by time p.m. on ____________________, that this condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without deduction. This condition is included for the benefit of the Seller and may be waived at the Seller's sole option by notice in writing to the Buyer as aforesaid within the time period stated herein.

6. Survey - Short Basic Clause

Seller agrees to provide an existing survey at his expense of the said property to the Buyer within five (5) business days following acceptance of this offer. The said survey must be sufficient for the purposes of arranging financing for the Buyer.

7.  Assuming a Tenant

Buyer agrees to assume the existing tenant at a rental rate of ____________________ per month with a lease terminating ____________________. The Seller agrees to provide the Buyer with existing tenant leases plus Rental Application with existing Tenants Full Names, Birthdays, Contact Information, prior to the requisition date set herein.

Seller agrees to credit the Buyers account on closing, by way of the Sellers Solicitors statement of adjustment, a last months deposit.

Notes:   If no leases - Specify "paying on a month to month basis

8.  Vacant Home Tax (Toronto Municipality based):

If the Property is located within a region subject to a vacancy tax (the "Vacancy Tax"), including but not limited to the Toronto Vacant Home Tax, the Seller shall deliver to the Buyer on or before closing an affidavit sworn by the Seller confirming one of the following pertaining to the use of the Property in the year preceding the Completion Date:

1) the Property was occupied by the Seller as their principal residence or by another permitted occupant as that person's principal residence for six months or more of the taxation year and the Seller's declaration filed with the relevant governmental authority is true and correct, OR

2) that the Property was not occupied by the Seller or another permitted occupant for six months or more of the taxation year and that all vacancy taxes have been paid in full and the Seller's declaration filed with the relevant governmental authority is true and correct. Proof of such payment is attached as Schedule 'C', OR

3) that the Property was not occupied by the Seller, or another permitted occupant for six months or more of the taxation year but the Property is exempt from the vacancy tax and that no tax is owing and the declaration filed with the relevant governmental authority is true and correct. In the event the Seller does not provide one of the above statements, the Buyer's lawyer shall be entitled to withhold an amount necessary to pay the tax.

9. Assume Tenant - General Warranty

The Seller represents and warrants, to the best of the Seller's knowledge and belief that, during the period of the Seller's ownership, the property has been rented in accordance with Landlord and Tenant legislation and that any rent increase has been effected in accordance with relevant rent review legislation. The Parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but apply only to those circumstances existing at completion of this transaction.

10.  Assuming Tenant - No Disputes or Outstanding Repairs

The Seller represents and warrants, to the best of the Seller's knowledge and belief, that there are no disputes between the Seller as landlord and any tenant as to the state of repair of the leased premises, the payment of rents, contravention of applicable rent review legislation for residential tenancies, or other material items concerning the tenants' lease agreements other than as specifically set out in this Agreement of Purchase and Sale. The Parties agree that these representations and warranties shall survive and not merge on completion of this transaction, but apply only to those circumstances existing at completion of this transaction.

11.  Retrofit NO - Basement Apartment

The Buyer hereby acknowledges that the lower level rental is not a legal apartment and has not have received approvals from the Fire Marshall's Office or Ontario Hydro as required in the Fire Marshall's Act amended nor City or required Municipal Approvals. The Buyer confirms being advised that these approvals are mandatory by law should the dwelling be utilized as a rental or anything other than a single family dwelling in any manner whatsoever. Buyer agrees to assume all responsibility for effecting all repairs and cost to comply with Government Laws or removal compliance.

12.  Retrofit No - Short Clause

Buyer acknowledges that the basement apartment has not received approvals from the Fire Marshals Office or Ontario Hydro as required in the Fire Marshals Act, Section 9.8.

13.  Retrofit - Buyer Acknowledges Brochure

The Buyer acknowledges having received a brochure on Retrofitting and acknowledges that should a portion of the dwelling be used as a rental unit that approvals are to be received by the Fire Marshal's Office, Ontario Hydro and the Zoning Department.

14.  Retrofit - Yes - Basement Approved

The Seller warrants that the basement apartment has received approvals from all necessary authorities and agrees to provide letters of compliance within five (5) banking days following acceptance of this offer.

15.  No Warranties - Property Sold As Is

Buyer agrees he shall purchase the subject property as it exists at the present time without representation, warranty or condition with respect to the fitness condition, value, zoning, or lawful use of the property. The Seller makes no representations of warranty with respect to any defects, the state of repair of the working order of any aspect thereof, location of structures walls or fences. The Seller shall have no responsibility whatsoever to remedy any defect, comply with any work orders or deficiency or other similar notice, or complete any unfinished work. The Buyer acknowledges that he has in submitting this agreement, relied entirely upon his own inspections and investigations with respect to the property, including, its quality, quantity, state of repair, zoning and lawful use as well as its value and does not rely upon any representation, warranty or statement made by the Seller or his representatives or any other party involved in this proposed transaction. Buyer Acknowledges property is being Sold "As Is".

16. No Warranty - Previous Grow-op "as is"

The Buyer acknowledges that the property and buildings and structures thereon have been used for a criminal use or activity and acknowledges that the Seller makes no representations and/or warranties with respect to the state of repair of the premises and the Buyer accepts the property and the buildings and structures thereon in their present state and in an "as is" condition.

17.  Warranty - Was NOT a Grow Op, No Criminal Activity,Death

The Seller represents and warrants that during the time the Seller has owned the property, the property and the buildings and structures thereon have not been used for any criminal use or activity, No Deaths, and that to the best of the Seller's knowledge the property and the buildings and structures thereon have never been used for any criminal use or activity. This warranty shall survive and not merge on the completion of this transaction

18.  Seller Warrants Condition of Property

The Seller represents and warrants to the best of his knowledge and beliefs and acknowledges, that the Buyer is relying upon such representations and warranties in connection with the purchase by the Buyer of the property that, on completion: (a) there are no known problems with the electrical, plumbing, or heating and air conditioning systems, (b) There are no known structural problems, (c) There is no known damage to the basement, roof, or elsewhere caused by water seepage or flooding, (d) The chattels and fixtures remaining with the property are the property of the Seller, and are free and clear of encumbrances and are now and will be on closing in good working order and fit for their intended use.

19.  Seller Warrants No Local Improvement Charges

Unless stated otherwise in this agreement, the Seller represents that the property is not subject to any local improvement charges or special charges, and that the Seller has not received any notification of future charges which may be outstanding or levied in respect of the property. in the event there are such charges they shall be adjusted in favour of the Buyer upon completion of this transaction.

20.  Vermiculite - Seller Warrants No Vermiculite

The Seller represents and warrants to the Buyer that during the time the Seller has owned the property, Seller has not caused any building on the property to be insulated with insulation containing vermiculite, and to the best of the Seller's knowledge no building on the property contains or has ever contained insulation containing vermiculite. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction.

21.  Vermiculite Removed

The Seller represents and warrants that, although vermiculite insulation was installed in the building, such vermiculite insulation was removed in ____________________, by ____________________ (Company) and the Seller further warrants that, to the best of his knowledge, no vermiculite insulation has been installed in the building since such removal. The Parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but apply only to the state of the property at completion of this transaction. As evidence of the removal, the Seller agrees to provide to the Buyer or his agent within 10 days following acceptance of this offer with documents verifying the insulation has been removed and receipts for proof of payment to the contractor shall be provided.

Notes:

You can also ask for an Air Quality Test and make it conditional upon the Buyers Approval.

22.  Air Quality Testing - Conditional

This Offer is Conditional for Seven (7) Banking Days following acceptance of this offer upon Buyer obtaining an Air Quality Test of the subject property, at his expensive, and finding the result to his satisfaction, failing which this offer shall become null and void and the deposit shall be returned to the Buyer in full. This condition is included for the benefit of the Buyer and may be waived at his sole option.

Notes:

If your home inspection reveals mould do this test.

23. Air Quality Test - Paid by Seller (Good for Mould or Previous Fire)

SELLER agrees to provide, at the Seller's expense, an air quality test of the subject property by a Professional Company/Specialist in the area, within seven (7) days following acceptance of this offer (excluding Saturdays, Sundays and Statutory Holidays). Buyer shall have two (2) business days from receipt of the report to review the report with their Insurance Company, and be satisfied with the report, failing which this Offer shall become null and void, and the deposit shall be returned to the Buyer without interest or deduction. This condition is included for the benefit of the Buyer and may be waived at the Buyer's sole option within the time allotted.

Notes:   Good clause in case of Mould or Previous Fire in Property. If there was a previous fire ensure you include a statement - Buyer acknowledges there was a fire in the house in what year.

24.  Water - Seller Warranty

The Seller represents and warrants, to the best of the Seller's knowledge and belief, that, during the Seller's occupancy of the property, the pump and all related equipment serving the said property have performed adequately with adequate pressure and supply and quality on a continuous use, and will be in good working order on closing.

25.  Well - Water Supply and Potabillity - Condition

This Offer is conditional upon the Buyer determining, at the Buyer's own expense, that:

(1) there is an adequate water supply to meet the Buyer's household needs;

(2) the pump and all related equipment serving the property are in proper operating condition; and

(3) the Buyer can obtain a Bacteriological Analysis of Drinking Water from the authority having jurisdiction indicating that there is no significant evidence of bacterial contamination.

Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than 6:00 p.m. on ____________________ that these conditions have been fulfilled, this Offer shall become null and void and the deposit shall be returned to the Buyer in full without deduction. These conditions are included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller as aforesaid within the time period stated herein. The Seller agrees to allow access to the subject property to the Buyer or the Buyer's agent for the purpose of satisfying this condition.

Notes: 7 - 10 days condition - with cottage properties on well and septic always make it condition upon Buyer Solicitor approval too.