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Sell By Owner Contract

Sell By Owner Contract Template for Canada

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Key Requirements PROMPT example:

Sell By Owner Contract

"I need a Sell By Owner Contract for my residential property in Toronto, Canada, with an expected closing date of March 15, 2025, which must include specific provisions for the inclusion of high-end kitchen appliances and a hot tub in the sale."

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Document background
The Sell By Owner Contract is designed for use in Canadian real estate transactions where property owners choose to sell their property directly to buyers without the representation of real estate agents. This approach, while potentially cost-saving, requires a robust legal framework to ensure all necessary elements of the sale are properly documented and legally binding. The document includes essential components such as property description, purchase price, payment terms, conditions precedent, warranties, and closing procedures, all aligned with Canadian federal and provincial real estate laws. It's particularly relevant in today's market where private sales are increasingly common, supported by digital platforms and increased access to legal resources. The contract must be carefully structured to provide adequate protection for both parties while ensuring compliance with provincial property laws, land registration requirements, and tax regulations.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names and current addresses

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

3. Definitions: Key terms used throughout the agreement including Property, Closing Date, Purchase Price, Deposit, etc.

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

5. Purchase Price and Payment: Total purchase price, deposit amount, payment schedule, and method of payment

6. Closing Date and Possession: Specified date for completion of the sale and transfer of possession

7. Seller's Representations and Warranties: Declarations about property condition, title, liens, and other material facts

8. Buyer's Representations and Warranties: Declarations about financial capability and understanding of property condition

9. Conditions Precedent: Conditions that must be met before closing, including financing and inspections

10. Closing Procedures: Steps to be taken on closing day, including document delivery and key transfer

11. Property Transfer and Title: Process and requirements for legal transfer of property title

12. Adjustments: How property taxes, utilities, and other expenses will be prorated

13. Default and Remedies: Consequences and available remedies if either party fails to perform

14. Notices: How and where formal communications between parties should be sent

15. Governing Law: Specification that Canadian law governs the agreement

16. Entire Agreement: Statement that this document represents the complete agreement between parties

Optional Sections

1. Chattels and Fixtures: List of movable items included/excluded in the sale, used when specific items need to be detailed

2. Property Management: Transition of property management responsibilities, used for income properties

3. Tenant Rights and Obligations: Details about existing tenants and leases, used when property is currently rented

4. Environmental Matters: Specific environmental concerns or warranties, used when property has known environmental issues

5. Home Warranty: Details of any transferable home warranty, used for newer properties with existing warranty

6. Construction Completion: Requirements for completing ongoing construction, used for properties under construction

7. Swimming Pool/Hot Tub Compliance: Specific provisions for pool safety and compliance, used when property includes these features

8. Survey Matters: Details about property surveys and boundaries, used when boundary issues exist

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property and land

2. Schedule B - Included Chattels: Itemized list of movable items included in the sale

3. Schedule C - Excluded Chattels: Itemized list of movable items excluded from the sale

4. Schedule D - Property Disclosure Statement: Seller's disclosure of property condition and known issues

5. Schedule E - Title Search Results: Results of property title search showing ownership and encumbrances

6. Schedule F - Property Survey: Current survey showing property boundaries and structures

7. Appendix 1 - Proof of Funds: Buyer's proof of financial capability to complete purchase

8. Appendix 2 - Property Inspection Report: Results of professional property inspection

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses




























Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Banking & Finance

Insurance

Property Management

Relevant Teams

Legal

Real Estate Operations

Property Management

Document Processing

Risk Management

Compliance

Finance

Customer Service

Administrative Support

Relevant Roles

Property Owner

Home Buyer

Real Estate Lawyer

Property Manager

Title Officer

Mortgage Broker

Legal Counsel

Conveyancing Clerk

Property Inspector

Real Estate Paralegal

Financial Advisor

Insurance Agent

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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