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Private Real Estate Sale Contract Template for Canada

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Key Requirements PROMPT example:

Private Real Estate Sale Contract

"I need a Private Real Estate Sale Contract for a heritage property in Vancouver, British Columbia, with specific provisions for maintaining historical features and including a 60-day due diligence period, targeting completion by March 2025."

Document background
The Private Real Estate Sale Contract is a fundamental legal document used in Canadian property transactions where the sale occurs directly between private parties. This document becomes necessary when individuals or entities wish to transfer real estate ownership without the full-service involvement of a real estate agency, though parties may still engage agents for limited services. The contract must comply with federal and provincial legislation, including the Land Title Act, Property Law Act, and relevant consumer protection laws. It contains comprehensive details about the property, parties involved, purchase price, payment terms, conditions precedent, warranties, and closing requirements. This document is particularly relevant in scenarios where parties seek to maintain direct control over the transaction terms while ensuring legal compliance and protection of their interests. The contract's structure accommodates various property types, from residential homes to vacant land, and can be modified to address specific provincial requirements across Canada.
Suggested Sections

1. Parties: Identifies and provides full legal names and addresses of the vendor and purchaser

2. Background: Establishes the context of the sale, including property ownership and intention to transfer

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Property Description: Detailed legal description of the property including lot number, plan, and municipal address

5. Purchase Price: States the agreed purchase price and payment terms, including deposit requirements

6. Closing Date: Specifies the date of closing and conditions for completion of the sale

7. Representations and Warranties: Statements of fact by both parties regarding the property and their capacity to enter into the agreement

8. Title and Ownership: Confirms clean title and arrangements for title transfer

9. Conditions Precedent: Lists conditions that must be met before the sale can proceed

10. Property Inspection: Details regarding the buyer's right to inspect the property and related conditions

11. Adjustments: Explains how property taxes, utilities, and other expenses will be prorated

12. Risk and Insurance: Addresses responsibility for the property until closing

13. Default and Remedies: Outlines consequences and available remedies if either party defaults

14. Notices: Specifies how formal communications between parties should be made

15. Governing Law: Confirms that the agreement is governed by Canadian law and specifies the applicable province

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Mortgage Assumption: Include when the buyer is assuming an existing mortgage on the property

2. Tenant Rights: Required when the property is sold with existing tenants

3. Property Management: Include when there are ongoing property management contracts to be transferred

4. Environmental Matters: Required when there are known environmental issues or concerns

5. Chattels and Fixtures: Include when specific items of personal property are included in the sale

6. Home Warranty: Include for properties with existing home warranty coverage

7. Foreign Buyer Compliance: Required when the purchaser is not a Canadian resident

8. Spousal Consent: Include when the property is or was a matrimonial home

9. Construction Warranties: Include for new or recently constructed properties

10. Condominium Provisions: Required when the property is a condominium unit

Suggested Schedules

1. Schedule A - Legal Property Description: Detailed legal description from land registry

2. Schedule B - Included Chattels: Itemized list of personal property included in the sale

3. Schedule C - Excluded Fixtures: List of fixtures that are explicitly excluded from the sale

4. Schedule D - Current Tenancies: Details of existing lease agreements and tenant information

5. Schedule E - Property Condition Report: Detailed report on the current condition of the property

6. Schedule F - Title Exceptions: List of permitted encumbrances and title restrictions

7. Schedule G - Environmental Disclosure: Environmental assessment results or known issues

8. Schedule H - Property Tax Assessment: Current property tax assessment and payment status

9. Appendix 1 - Property Photographs: Dated photographs documenting property condition

10. Appendix 2 - Floor Plans: Current floor plans and property measurements

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

Legal Services

Financial Services

Property Development

Construction

Insurance

Property Management

Urban Planning

Environmental Services

Professional Services

Relevant Teams

Legal

Real Estate Operations

Property Management

Compliance

Risk Management

Document Processing

Transaction Support

Administrative Support

Contract Administration

Due Diligence

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Conveyancer

Title Examiner

Mortgage Broker

Property Appraiser

Compliance Officer

Real Estate Administrator

Contract Manager

Legal Assistant

Real Estate Paralegal

Risk Manager

Transaction Coordinator

Documentation Specialist

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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