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Short Sale Agreement Form Template for Canada

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Key Requirements PROMPT example:

Short Sale Agreement Form

"I need a Short Sale Agreement Form for a residential property in Ontario with multiple lenders involved, where the primary lender requires approval within 45 days of the agreement date, and the closing must occur by March 15, 2025."

Document background
The Short Sale Agreement Form is essential in Canadian real estate transactions where property owners need to sell their property for less than their outstanding mortgage balance. This document is typically used in situations of financial distress or declining market conditions, providing a structured alternative to foreclosure. It requires careful consideration of Canadian federal and provincial regulations, including securities laws, real estate regulations, and financial services requirements. The agreement outlines crucial elements such as purchase price, lender approval conditions, timeline for completion, and responsibilities of all parties. It serves as a critical tool for real estate professionals, financial institutions, and legal practitioners in facilitating distressed property sales while protecting the interests of all parties involved under Canadian law.
Suggested Sections

1. Parties: Identification of all parties involved - seller, buyer, and primary lender(s)

2. Background: Context of the transaction, including property status and reason for short sale

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property subject to the short sale

5. Purchase Price and Terms: Agreed purchase price and payment terms

6. Lender Approval: Terms and conditions related to obtaining lender approval for the short sale

7. Due Diligence Period: Timeframe and terms for buyer's property inspection and review of documents

8. Closing Conditions: Requirements that must be met before the transaction can close

9. Representations and Warranties: Statements of fact by both parties about their capacity and the property

10. Default and Remedies: Consequences of breach and available remedies

11. Closing Process: Procedures and requirements for completing the transaction

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

13. General Provisions: Standard legal provisions including governing law, amendments, and severability

Optional Sections

1. Multiple Lender Provisions: Additional terms when there are multiple lenders involved in the short sale

2. Tenant Provisions: Terms regarding existing tenants and lease agreements

3. Property Management: Terms for maintaining the property during the approval and closing process

4. Real Estate Commission: Terms regarding real estate agent commissions and payment arrangements

5. Deficiency Waiver: Provisions regarding lender's waiver of deficiency judgments

6. Tax Implications: Acknowledgment of potential tax consequences

7. Third-Party Claims: Provisions dealing with other liens or claims on the property

8. Seller Relocation Assistance: Terms for any relocation assistance provided to the seller

Suggested Schedules

1. Schedule A - Property Details: Comprehensive property description including legal description and included fixtures

2. Schedule B - Purchase Price Breakdown: Detailed breakdown of purchase price allocation and settlement amounts

3. Schedule C - Required Documents: List of documents required from each party for lender approval

4. Schedule D - Timeline: Detailed timeline of key dates and deadlines

5. Appendix 1 - Lender Requirements: Specific requirements provided by the lender(s) for short sale approval

6. Appendix 2 - Property Disclosure Statement: Seller's disclosure of property condition and known issues

7. Appendix 3 - Financial Statement: Seller's financial information supporting the short sale request

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

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Relevant Industries

Real Estate

Banking & Financial Services

Legal Services

Property Management

Insurance

Mortgage Lending

Real Estate Investment

Financial Advisory Services

Relevant Teams

Legal

Real Estate Operations

Mortgage Services

Risk Management

Property Management

Settlement Services

Compliance

Document Processing

Client Relations

Asset Management

Loss Mitigation

Title Services

Relevant Roles

Real Estate Agent

Real Estate Broker

Mortgage Loan Officer

Real Estate Attorney

Property Manager

Financial Advisor

Loss Mitigation Specialist

Title Officer

Real Estate Investment Manager

Foreclosure Specialist

Legal Counsel

Bank Manager

Property Appraiser

Settlement Officer

Risk Management Officer

Industries








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