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Owner Financed Home Sale Contract Template for Canada

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Key Requirements PROMPT example:

Owner Financed Home Sale Contract

"I need an Owner Financed Home Sale Contract for a property in British Columbia, where I'm selling my vacation home for CAD 850,000 with a 15% down payment and monthly installments over 20 years, with the option for the buyer to pay off the remaining balance after 5 years without penalty."

Document background
The Owner Financed Home Sale Contract is utilized in Canadian real estate transactions where traditional mortgage financing is either not preferred or not available. This document serves as both a property sale agreement and a financing agreement, establishing the terms under which the seller will finance the buyer's purchase of the property. It is particularly relevant in situations where buyers may not qualify for traditional mortgage financing, or where sellers wish to generate ongoing income through interest payments. The agreement must comply with Canadian federal laws such as the Interest Act and provincial real estate regulations, while also addressing specific provincial requirements for property transfers and security registration. The document includes detailed provisions for the property sale, financing terms, security interests, payment schedules, default remedies, and property maintenance obligations. It provides a legally sound framework for seller financing while protecting both parties' interests throughout the financing term.
Suggested Sections

1. Parties: Identifies and provides full legal details of the seller/lender and buyer/borrower

2. Background: Outlines the context of the transaction, including the seller's ownership of the property and intention to sell with owner financing

3. Definitions: Defines key terms used throughout the agreement

4. Property Description: Detailed legal description of the property being sold

5. Purchase Price and Financing Terms: States the total purchase price, down payment, and details of the seller financing arrangement

6. Payment Terms: Specifies payment schedule, interest rate, amortization period, and payment methods

7. Security Interest: Details the security interests being granted to the seller, including mortgage or deed of trust

8. Transfer of Title: Specifies when and how legal title will transfer to the buyer

9. Property Condition and Inspections: Describes the condition of the property and inspection requirements

10. Insurance Requirements: Specifies required property insurance and other insurance obligations

11. Property Taxes and Expenses: Allocates responsibility for property taxes, utilities, and maintenance

12. Default and Remedies: Defines events of default and available remedies

13. Representations and Warranties: States the representations and warranties of both parties

14. Closing and Possession: Details the closing process and possession arrangements

Optional Sections

1. Prepayment Provisions: Optional terms allowing early payment of the loan, with any applicable penalties or conditions

2. Property Management: Required when there are specific property management requirements during the financing period

3. Rental Restrictions: Include when the seller wants to restrict the buyer's ability to rent out the property

4. Home Improvement Requirements: Include when specific renovations or improvements are required as part of the agreement

5. Due on Sale Clause: Optional clause making the entire balance due if the buyer sells the property

6. Balloon Payment: Include if the payment structure includes a balloon payment at the end of the term

7. Third-Party Rights: Required when other parties have rights or interests in the property

8. Environmental Provisions: Include for properties with known environmental issues or concerns

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including lot number, boundaries, and registered plans

2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment amounts, dates, and interest calculations

3. Schedule C - Property Inspection Report: Results of property inspections and identified issues

4. Schedule D - Permitted Encumbrances: List of accepted liens, easements, or other encumbrances on the property

5. Schedule E - Initial Disclosure Statement: Detailed financial disclosure as required by applicable laws

6. Schedule F - Property Insurance Requirements: Specific insurance requirements and minimum coverage amounts

7. Appendix 1 - Property Photographs: Documentation of property condition at time of sale

8. Appendix 2 - Building Plans and Permits: Copies of relevant building plans and permits

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































Clauses






























Relevant Industries

Real Estate

Residential Property

Financial Services

Legal Services

Insurance

Property Management

Banking

Construction

Property Development

Mortgage Lending

Relevant Teams

Legal

Real Estate Operations

Risk Management

Compliance

Property Administration

Finance

Contract Administration

Transaction Processing

Document Management

Due Diligence

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Mortgage Specialist

Legal Counsel

Contract Administrator

Property Developer

Financial Advisor

Real Estate Broker

Title Examiner

Compliance Officer

Risk Manager

Real Estate Paralegal

Property Assessor

Transaction Coordinator

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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