New AREA Standard Forms by Engel & Volkers Calgary

Effective August 22, 2016 New & Updated AREA Standard Forms TABLE OF CONTENTS Residential Purchase Contract Addendum Manufactured Home Schedule Financing Schedule Tenancy Schedule Purchase Contract - Dower Consent and Acknowledgment Sale of Buyer's Property Schedule Notice - Sale of Buyer's Property Notice - General Notice - Waiver of Conditions Notice - Non-Waiver of Conditions Notice - Seller Void Notice - Buyer Void Amendment Residential Resale Condominium Property Purchase Contract Country Residential Purchase Contract Country Residential Purchase Contract - Property Schedule Country Residential Purchase Contract - Condominium Property Schedule

New AREA Standard Forms

Contract Number

RESIDENTIAL PURCHASE CONTRACT Between THE SELLER

and

THE BUYER

Name ________________________________________________ Name _______________________________________________ Name ________________________________________________ Name _______________________________________________

——————————————————————————————————————————————————————— 1. 1.1

THE PROPERTY The Property is: (a) the land and buildings located at: Municipal address:____________________________________________________________________________________ (street number and name)

________________________________________________________________________, Alberta ____________________ (municipality)

(postal code)

Legal description: Plan__________________ Block________________ Lot_________________ Other________________ (b) these unattached goods

(c) the attached goods except for __________________________________________________________________________ __________________________________________________________________________________________________ 2.

PURCHASE PRICE AND COMPLETION DAY

2.1

The Purchase Price is $___________________________________________________________________________________.

2.2

The Purchase Price includes any applicable Goods and Services Tax (GST).

2.3

This contract will be completed, the Purchase Price fully paid and vacant possession given to the buyer at 12 noon on _____________________________________________________________________________, 20_______ (Completion Day).

2.4

On Completion Day, the Property will be in substantially the same condition as when this contract was accepted and the attached and unattached goods will be in normal working order.

GENERAL TERMS

3.1

In fulfilling this contract, the seller and buyer agree to act reasonably and in good faith and agree that: (a) unless the seller, buyer or both have agreed to alternate representation, the seller and buyer are each represented by their own sole agent and those agents have no agency responsibility to the other party; (b) the laws of Alberta apply to this contract; (c) Alberta time applies to this contract. Time is of the essence, which means times and dates will be strictly followed and enforced; (d) Business Day means every day but Saturday, Sunday and statutory holidays and includes all the hours of the day; (e) a reference to the seller or buyer includes singular, plural, masculine and feminine; (f)

(g) the seller and buyer are each responsible for completing their own due diligence and will assume all risks if they do not; (h) the seller will ensure the seller’s representations and warranties are true by: (i)

reviewing documents such as a Real Property Report (RPR), land title and registrations on title;

(ii) determining non-resident status for income tax purposes and determining any dower rights; and (iii) doing other needed research; (i)

the buyer may get independent inspections or advice on items such as land title, registrations on title, RPR, current and future use, buildings and mechanical systems, property insurance, title insurance, size of the land and buildings, interior and exterior measurements and other items important to the buyer;

(j)

contract changes that are agreed to in writing will supersede the pre-printed clauses;

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This form was developed by the Alberta Real Estate Association (AREA) for the use of its members only. Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTOR®) and/or the quality of services they provide (MLS®).

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(k) the seller and buyer will read this contract and seek relevant advice before signing it; (l)

the brokerages, real estate board and listing services may keep and disclose relevant information about this transaction for reporting, statistical, property evaluation and closing purposes; and

(m) the __________________________________________________ brokerage will provide this contract and related documents (seller’s or buyer’s)

to the appointed lawyers for the purpose of closing this contract. 4. 4.1

DEPOSITS The seller and buyer agree that clauses 4.2 through 4.8 are the terms of trust for the deposits.

4.2

The seller and buyer appoint ______________________________________________________ as trustee for the deposit money.

4.3

The buyer will pay a deposit of $______________________________________, which will form part of the Purchase Price, to the trustee by _________________________________________, on or before _________________________________________. (method of payment)

4.4

The buyer will pay an additional deposit of $_____________________________, which will form part of the Purchase Price, to the trustee by _________________________________________, on or before _________________________________________. (method of payment)

4.5 4.6 4.7 4.8

4.9 4.10

If the buyer fails to pay a deposit, as required by this contract, the seller may void this contract at the seller’s option by giving the buyer written notice. The trustee will deposit all deposits into a trust account within three Business Days of receipt. Interest on the deposits will not be paid to the seller or buyer. The deposits will be held in trust for both the seller and buyer. Provided funds are confirmed, the deposits will be disbursed, without prior notice, as follows: (a) to the buyer, if after this contract is accepted: (i) a condition is not satisfied or waived in accordance with clause 8.4; (ii) the buyer voids this contract for the seller’s failure to provide a Dower Consent and Acknowledgment form in accordance with clause 7.1(b); (iii) the seller voids this contract for the buyer’s failure to pay a deposit; or (iv) the seller fails to perform this contract; (b) to the seller, if this contract is accepted and all conditions are satisfied or waived and the buyer fails to perform this contract; or (c) applied against the Fee owed by the seller by payment directly out of trust to the brokerage(s), with any excess amount paid in trust to the seller’s lawyer no later than three Business Days prior to the Completion Day. Fee means the amount, plus GST, owed to a real estate brokerage under a written service agreement. A trustee acting under this section will not be liable to the seller or buyer for any loss arising from the disbursement of the deposits. The disbursement of deposits, as agreed to in this section, will not prevent the seller or buyer from pursuing remedies in section 12.

5. 5.1

LAND TITLE Title to the Property will be free of all encumbrances, liens and interests except for: (a) those implied by law; (b) non-financial obligations now on title such as easements, utility rights-of-way, covenants and conditions that are normally found registered against property of this nature; (c) homeowner association caveats, encumbrances and similar registrations; and (d) items the buyer agrees to assume in this contract.

6. 6.1

REPRESENTATIONS AND WARRANTIES The seller represents and warrants to the buyer that: (a) the seller has the legal right to sell the Property; (b) the seller is not a non-resident for the purposes of the Income Tax Act (Canada); (c) no one else has a legal right to the included attached and unattached goods; (d) the current use of the land and buildings complies with the existing municipal land use bylaw and any restrictive covenant on title; (e) the location of the buildings and land improvements: (i) is on the land and not on any easement, right-of-way or neighbouring lands unless there is a registered agreement on title; and (ii) complies with any restrictive covenant on title and municipal bylaws, regulations and relaxations, or the buildings and improvements are “non-conforming buildings” as defined in the Municipal Government Act (Alberta); (f) known Material Latent Defects, if any, have been disclosed in writing in this contract; and (g) any known government and local authority notices regarding the Property, and known lack of permits for any development on the Property, have been disclosed in writing in this contract.

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6.2

The representations and warranties in this contract: (a) are made as of, and will be true at, the Completion Day; and (b) will survive completion and may be enforced after the Completion Day as long as any legal action is commenced within the time limits set by the Limitations Act (Alberta).

7. 7.1

DOWER The seller represents and warrants to the buyer that no spouse has dower rights in the Property, other than as shown by: (a) the non-owner spouse’s signature on this contract; and (b) the seller providing a completed Dower Consent and Acknowledgment form to be attached to and form part of this contract on or before ___________________________________, 20_______. If the seller fails to provide the completed Dower Consent and Acknowledgment form, the buyer may void this contract at the buyer’s option by giving the seller written notice.

8. 8.1

8.2

8.3

8.4

CONDITIONS The seller and buyer will: (a) act reasonably and in good faith in trying to satisfy their own conditions, including making reasonable efforts to fulfill them; and (b) pay for any costs related to their own conditions. Buyer’s Conditions The buyer’s conditions are for the benefit of the buyer and are: (a) Financing This contract is subject to the buyer securing new financing, not to exceed _________% of the Purchase Price from a lender of the buyer’s choice and with terms satisfactory to the buyer, before ________ ____.m. on _____________________________, 20_______ (Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. (b) Property Inspection This contract is subject to the buyer’s satisfaction with a property inspection, conducted by a licensed home inspector, before ________ ____.m. on _____________________________, 20_______ (Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. (c) Sale of Buyer’s Property This contract is subject to the sale of the buyer’s property before ________ ____.m. on ______________________________, 20_______ (Condition Day), on the terms in the Sale of Buyer’s Property Schedule, selected as attached in clause 9.1. (d) Additional Buyer’s Conditions

before________ ____.m. on ______________________________________, 20_______ (Condition Day). Seller’s Conditions The seller’s conditions are for the benefit of the seller and are:

before ________ ____.m. on _________________________________________, 20_______ (Condition Day). Condition Notices Each party will give the other written notice that: (a) a condition is unilaterally waived or satisfied on or before its Condition Day. If not, this contract will end after the time indicated for that Condition Day; or (b) a condition will not be waived or satisfied prior to its Condition Day. This contract will end upon that notice being given.

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9. 9.1

Contract Number

ATTACHMENTS AND ADDITIONAL TERMS The selected documents are attached to and form part of this contract:

Financing Schedule (Seller Financing, Mortgage Assumption, Other Value) Tenancy Schedule Manufactured Home Schedule Sale of Buyer’s Property Schedule Addendum Other_______________________________________________________________________________________________ 9.2

Other terms:

10. CLOSING PROCESS Closing Documents 10.1 The seller or seller’s lawyer will deliver normal closing documents to the buyer or buyer’s lawyer upon reasonable trust conditions consistent with the terms of this contract, including delivery within a reasonable time before the Completion Day to allow for confirmation of registration of documents at the Land Titles Office, obtain the advance of mortgage financing and verify the transfer of other value items. 10.2 Closing documents will include an RPR showing the current improvements on the Property according to the Alberta Land Surveyors’ Association Manual of Standard Practice, with evidence of municipal compliance or non-conformance and confirming the seller’s warranties about the land and buildings. This obligation will not apply if there are no structures on the land. The buyer or buyer’s lawyer must have a reasonable time to review the RPR prior to submitting the transfer documents to the Land Titles Office. Payments and Costs 10.3 The buyer will pay the Purchase Price by lawyer’s trust cheque, bank draft or electronic transfer. 10.4 Items such as real estate property taxes, local improvement fees, utilities, rents, security deposits, statutory interest on security deposits, mortgage interest and homeowner association fees will be the seller’s responsibility for the entire Completion Day and thereafter assumed by the buyer. 10.5 The seller’s lawyer may use the Purchase Price to pay and discharge all of the seller’s financial obligations related to the Property. The seller’s lawyer will provide the buyer’s lawyer with evidence of all discharges including, where required, a certified copy of the certificate of title, within a reasonable time after Completion Day. 10.6 If the seller has entered into a written service agreement with a real estate brokerage, the seller instructs the seller’s lawyer to honour the terms of that agreement, including the Fee and other costs payable to the seller’s brokerage. 10.7 The seller will pay the costs to prepare the closing documents, including an RPR where required, costs to end an existing tenancy of the Property and provide vacant possession to the buyer, and costs to prepare, register and discharge any seller’s caveat based on this contract. 10.8 The buyer will pay the costs to prepare, register and discharge any buyer’s caveat based on this contract and to register the transfer of land. Closing Day Delays 10.9 If the seller fails to deliver the closing documents in accordance with clause 10.1 or 10.2, then: (a) the buyer’s payment of the Purchase Price and late interest will be delayed until the buyer or buyer’s lawyer has received the closing documents and has a reasonable time to review and register them, obtain the advance of mortgage financing and verify the transfer of other value items; and (b) if the buyer is willing and able to close in accordance with this contract and wants to take possession of the Property, then the seller will give the buyer possession upon reasonable terms which will include the payment of late interest only on the amount of mortgage being obtained by the buyer at the interest rate of that mortgage. 10.10 If the seller has complied with clauses 10.1 and 10.2 but the buyer is not able to close in accordance with this contract, then: (a) the seller may, but is not obligated to, accept late payment of the Purchase Price and give the buyer possession upon reasonable terms; and (b) if the seller agrees to accept late payment of the Purchase Price and, whether or not possession is granted, the buyer will pay late interest at the prime lending rate of the Alberta Treasury Branches at the Completion Day plus 3% calculated daily from and including the Completion Day to (but excluding) the day the seller is paid in full. Payment received after 12 noon on any day will be payment as of the next Business Day. 10.11 The seller and buyer will instruct their lawyers to follow the Western Law Societies Conveyancing Protocol in the closing of this transaction, if appropriate. AREA©158CLDA_2016May

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11. 11.1

INSURANCE The seller bears the risk of loss or damage to the Property until the Purchase Price is paid. If such loss or damage occurs before the Purchase Price is paid, any insurance proceeds will be held in trust for the seller and buyer based on their interests.

12. 12.1

REMEDIES If the seller or buyer fails or refuses to complete this contract, the other party may seek all remedies, such as claims for deposits and damages, and reasonable costs including legal fees and disbursements on a solicitor/client full indemnity basis.

12.2

On buyer default, if the seller must restore the Property title, enforce a lien against the Property or regain possession of the Property, the seller may seek costs and other remedies.

12.3

The seller and buyer agree that the Property is unique. On seller default, the buyer may make a claim for specific performance and other remedies.

13. 13.1

NOTICE AND DOCUMENTS A notice under this contract means a written document, including notices required by this contract, and this contract when accepted.

13.2

A notice is effective at the time the document is delivered in person or sent by fax or email.

13.3

Giving notice means the document is transmitted by one of these methods, and regardless of the method, the notice document is recognized as an original document.

13.4

For documents that require a signature, an electronic signature, as defined in the Electronic Transactions Act (Alberta), or a digitized signature will have the same function as an ink signature.

14. 14.1

AUTHORIZATION The seller and buyer may each authorize a representative to send and receive notices as described above. Once authorized, notices will be effective upon being delivered in person or sent by fax or email to the authorized representative.

14.2

The seller authorizes:

The buyer authorizes:

Seller’s Brokerage:

Buyer’s Brokerage:

Name: __________________________________________

Name: ______________________________________________

Address: ________________________________________

Address: ____________________________________________

_______________________________________________

____________________________________________________

Brokerage Representative:

Name: __________________________________________

Name: ______________________________________________

Phone: _________________________________________

Phone: ______________________________________________

Fax: ___________________________________________

Fax: ________________________________________________

Email: __________________________________________

Email:_______________________________________________

If the seller or buyer does not authorize a brokerage, then: The seller authorizes: ____________________________________________________________________________________ The buyer authorizes: ____________________________________________________________________________________

14.3

If the authorization information changes, the seller and buyer agree to give written notice to the other party as soon as the change is known so that future notices may be sent to the proper person and place.

15. 15.1

CONFIRMATION OF CONTRACT TERMS The seller and buyer confirm that this contract sets out all the rights and obligations they intend for the purchase and sale of the Property and that: (a) this contract is the entire agreement between them; and (b) unless expressly made part of this contract, in writing: (i)

verbal or written collateral or side agreements or representations or warranties made by either the seller or buyer, or the seller’s or buyer’s brokerage or agent, have not and will not be relied on and are not part of this contract; and

(ii) any pre-contractual representations or warranties, howsoever made, that induced either the seller or buyer into making this contract are of no legal force or effect. Seller initials ________________ ________________ 16. 16.1

Buyer initials ________________ ________________

LEGAL OBLIGATIONS BEGIN The legal obligations in this contract begin when the accepted contract is delivered in person or sent by fax or email. The obligations bind the seller and buyer as well as their heirs, administrators, executors, successors and assigns.

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17.

OFFER

17.1

The buyer offers to buy the Property according to the terms of this contract.

17.2

This offer/counter offer will be open for written acceptance until ___________________________________________ _______.m. on __________________________________________________________________________________________, 20_______.

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

18.

ACCEPTANCE

18.1

The seller agrees to sell the Property according to the terms of this contract.

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Non-owner spouse signature (when dower rights apply): Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. _____________________________________________________

__________________________________________________

Non-Owner Spouse Signature

Non-Owner Spouse Name (print)

_____________________________________________________

__________________________________________________

Witness Signature

Witness Name (print)

——————————————————————————————————————————————————————— The following is for information purposes and has no effect on the contract’s terms:

REJECTION I do not accept this offer/counter offer. No counter offer is being made. Date: ________________________________________________ Date:________________________________________________ Seller: _______________________________________________ Buyer:_______________________________________________

CONVEYANCING INFORMATION Seller’s Information:

Buyer’s Information:

Address ______________________________________________ Address _____________________________________________ _____________________________________________________

____________________________________________________

Phone______________________ Fax ______________________ Phone______________________ Fax _____________________ Email ________________________________________________ Email _______________________________________________ Seller’s Lawyer:

Buyer’s Lawyer:

Address ______________________________________________ Address _____________________________________________ _____________________________________________________

____________________________________________________

AREA©158CLDA_2016May This form was developed by the Alberta Real Estate Association (AREA) for the use of its members only. Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTOR®) and/or the quality of services they provide (MLS®).

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ADDENDUM (For adding contract terms) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— The following terms are part of the contract:

Dated at ________ ____.m. on _______________________________________________, 20_______.

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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MANUFACTURED HOME SCHEDULE (For use with off-site built homes, including manufactured, modular and mobile homes) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— 1.

MANUFACTURED HOME DETAILS

1.1

The seller represents and warrants to the buyer that: (a) the make is ________________________________________________________________________________________ (b) the model is _______________________________________________________________________________________ (c) the serial number is _________________________________________________________________________________ (d) the year of manufacture is ____________________________________________________________________________ (e) the CSA registration number is _________________________________________________________________________ (f)

the construction details for the foundation are

LAND LEASE DETAILS

2.1

If the manufactured home is situated on leased land, the seller provides the following information: (a) monthly rent is _____________________________________________________________________________________ (b) monthly rent includes ________________________________________________________________________________ (c) occupancy restrictions are ____________________________________________________________________________ (d) other:

2.2

The buyer is responsible for verifying the above lease information.

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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FINANCING SCHEDULE (For mutual conditions and other value) This document forms part of purchase contract #:____________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— 1. 1.1

MUTUAL CONDITIONS Mutual conditions are for the benefit of the seller and buyer and cannot be waived unilaterally. Mutual conditions are: (a) Seller Financing This contract is subject to the seller and buyer obtaining qualified mortgage advice and reaching mutual agreement on the terms of seller provided financing before ________ ____.m. on ________________________________________, 20_______ (Condition Day). (b) Mortgage Assumption (i)

The seller represents and warrants to the buyer that details of the mortgage to be assumed are: (1)

lender is ___________________________________________________________________________________

(2)

lender’s address is___________________________________________________________________________

(3)

approximate principal balance is $ ______________________________________________________________

(4)

maturity date is _____________________________________________________________________________

(5)

interest rate is ______________________________________________________________________________

(6)

payments are $ _____________________________________________________________________________

(7)

payments ____________________________ taxes (include or do not include)

(8)

this mortgage ________________________ cash-back (is or is not)

(9)

this mortgage ________________________ insured by a default insurer (is or is not)

(10) other terms:

(ii) This contract is subject to the lender confirming before ________ ____.m. on ______________________________, 20_______ (Condition Day) that the buyer can assume the mortgage. The buyer will pay the costs to process and document any approvals to assume the mortgage. (iii) The seller acknowledges that even with a lender approved assumption of mortgage, the seller’s liability under any default insurance will remain unless released. AREA©161CLDARoot_2016May

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Financing Schedule

OTHER VALUE

2.1

The buyer will provide the following to the seller as part of the Purchase Price: Item: _________________________________________________________________________________________________ Value: ________________________________________________________________________________________________ Serial Number: _________________________________________________________________________________________ Other:

2.2

The buyer will pay for preparing and registering any security documents regarding other value items.

Dated at ________ ____.m. on _______________________________________________, 20_______.

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Dated at ________ ____.m. on _______________________________________________, 20_______.

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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TENANCY SCHEDULE (For residential tenancies) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— 1.

TENANCY DETAILS

1.1

The seller represents and warrants to the buyer that: (a) the tenant is _______________________________________________________________________________________ (b) a written residential tenancy agreement for the Property (Agreement)_________________ exist (does or does not)

(c) a copy of the Agreement will be provided to the buyer on or before _____________________________________________ (d) a copy of the move-in inspection report will be provided to the buyer on or before _________________________________ (e) the commencement date of the Agreement is ______________________________________________________________ (f)

the expiry or end date of the Agreement is ________________________________________________________________

(g) the renewal rights are ________________________________________________________________________________ (h) the rent payable is ___________________________________________________________________________________ (i)

a security deposit of $_____________________ was received on______________________________________________

(j)

the Agreement ____________________ in default (is or is not)

(k) other:

1.2

The buyer will assume the Agreement on the above terms.

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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PURCHASE CONTRACT DOWER CONSENT AND ACKNOWLEDGMENT This document forms part of purchase contract #:________________________ This form is to be used if: 1. there is only one registered owner of the Property; 2. the owner is legally married (includes a separated couple not yet legally divorced but does not include a couple in a common law relationship); and 3. the owner or the owner’s spouse has resided on the Property at any time since marriage. This form is to be signed by the spouse of the registered owner of the Property. The spouse must sign: 1. The Exclusive Seller Representation Agreement 2. The Exclusive Seller Representation Agreement Dower Consent and Acknowledgment 3. The Purchase Contract 4. The Purchase Contract Dower Consent and Acknowledgment Please Note: • This consent form is not required when there is an undischarged Release of Dower Rights registered on title. However, the Dower Act allows for revocation of a Release of Dower Rights. Accordingly, legal advice is recommended when there is a Release of Dower Rights registered on title. • Officiating Officer is an authorized person such as a Commissioner for Oaths or a Notary Public (refer to your brokerage policy for direction on execution). The instrument is the Purchase Contract.

—————————————————————————————————————————————————————— CONSENT OF SPOUSE I, _______________________________________________, being married to ______________________________________________ do hereby give my consent to the disposition of our homestead, made in this (or the annexed) instrument, and I have executed this document for the purpose of giving up my life estate and other dower rights in the property given to me by the Dower Act, to the extent necessary to give effect to the disposition. _________________________________________ (Signature of Spouse) (NOTE: If this consent is being annexed to the instrument making the disposition, section 4(5) of the Act requires that the person signing this consent must also sign the instrument)

—————————————————————————————————————————————————————— CERTIFICATE OF ACKNOWLEDGMENT BY SPOUSE 1. This document was acknowledged before me by __________________________________________________________ apart from her husband (or his wife). 2. ______________________________________________ acknowledged to me that she (or he) (a) is aware of the nature of the disposition (or agreement), (b) is aware that the Dower Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent, (c) consents to the disposition (or agreement) for the purpose of giving up the life estate and other dower rights in the homestead given to her (or him) by the Dower Act, to the extent necessary to give effect to the said disposition (or agreement), (d) is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife). Dated at _________________________________________________ in the Province of _____________________________________ on ____________________________________________________________________, 20_______. _________________________________________ (Title of officiating officer) AREA©168CLDARoot_2016May

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SALE OF BUYER’S PROPERTY SCHEDULE (For use with Sale of Buyer’s Property Condition) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— 1. 1.1 1.2

TERMS OF SALE OF BUYER’S PROPERTY CONDITION The buyer’s property will be considered sold when the buyer has a legally binding contract where all conditions have been satisfied or waived. The buyer’s property is the land and buildings located at: Municipal address:_______________________________________________________________________________________ (street number and name)

___________________________________________________________________________, Alberta ____________________ (municipality)

1.3

(postal code)

Other:_________________________________________________________________________________________________ The buyer’s property: (i) is listed on the MLS® System of the _______________________________________________________________as follows: (real estate board)

Brokerage:__________________________________________________________________________________________ Asking price: $_________________________________; or (ii) will be listed on the MLS® System of the __________________________________________________________________, (real estate board)

within ________________ hours of notice of acceptance of this contract, as follows: Brokerage:__________________________________________________________________________________________ Asking price of not more than: $_________________________________ 1.4 1.5

For giving notice, the Notice and Documents section of this contract will be followed. Until the buyer provides written notice of waiver or satisfaction of all buyer conditions in this contract, the seller may: (i)

continue to market the Property;

(ii) authorize the seller’s brokerage to disclose the existence of this Sale of Buyer’s Property Condition and the time allowed for buyer waiver below; and (iii) accept another purchase contract that may contain buyer conditions. 1.6

If the seller accepts another purchase contract, then the seller will give written notice (Seller’s Notice) to the buyer that the buyer has ________________ hours to waive all the buyer’s conditions in this contract.

1.7

If the buyer gives written notice (Buyer’s Notice) to the seller within the time above waiving all the buyer’s conditions, then this contract will be enforceable. Otherwise, this contract will end.

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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NOTICE (For seller’s notice/buyer’s notice under Sale of Buyer’s Property Schedule) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

———––——————————————————————————————————————————————————— For giving notice, the Notice and Documents section of the contract applies. SELLER’S NOTICE The seller has accepted another purchase contract for the Property. As agreed in the Sale of Buyer’s Property Schedule, the buyer has ________ hours to waive all the buyer’s conditions in this contract. If the buyer gives written notice (Buyer’s Notice) to the seller within the time above waiving all the buyer’s conditions, then this contract will be enforceable. Otherwise, this contract will end. Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

BUYER’S NOTICE The buyer waives all the buyer’s conditions in this contract. Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

OR The buyer does not waive all the buyer’s conditions in this contract. This contract is ended. Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

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AMENDMENT (For changing contract terms) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— The contract is changed as follows: Delete:

Insert:

All other terms and conditions in the contract remain unchanged. Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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NOTICE (For general notice) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— For giving notice, the Notice and Documents section of the contract applies. NOTICE I, the __________________________, give written notice that: (seller or buyer)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Buyer/Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Buyer/Seller Signature

Witness Signature

Witness Name (print)

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NOTICE (For waiver/satisfaction of conditions) This document forms part of purchase contract #:________________________

Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— For giving notice, the Notice and Documents section of the contract applies. WAIVER/SATISFACTION OF CONDITION(S) I, the ___________________________, unilaterally waive or have satisfied the following condition(s): (seller or buyer)

__________________________________

___________________________________

Buyer/Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer/Seller Signature

Witness Signature

Witness Name (print)

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NOTICE (For non-waiver/non-satisfaction of conditions) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— For giving notice, the Notice and Documents section of the contract applies. NON-WAIVER/NON-SATISFACTION OF CONDITION(S) I, the ___________________________, despite making reasonable efforts, will not waive or satisfy the following condition(s): (seller or buyer)

The contract is ended.

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Buyer/Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Buyer/Seller Signature

Witness Signature

Witness Name (print)

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NOTICE (For seller void option) This document forms part of purchase contract #:________________________

Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— For giving notice, the Notice and Documents section of the contract applies. VOID CONTRACT I, the seller, void the contract due to the buyer’s failure to pay a required deposit.

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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NOTICE (For buyer void option) This document forms part of purchase contract #:____________________

Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— For giving notice, the Notice and Documents section of the contract applies. VOID CONTRACT I, the buyer, void the contract due to the seller’s failure to provide a required Dower Consent and Acknowledgment form.

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _______________________, Alberta at ________ ____.m. on _________________________________, 20_______.

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

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Residential Resale Condominium Property Purchase Contract

New AREA Standard Forms

Contract Number

RESIDENTIAL RESALE CONDOMINIUM PROPERTY PURCHASE CONTRACT Between THE SELLER

and

THE BUYER

——————————————————————————————————————————————————————— 1. 1.1

THE PROPERTY The Property is: (a) the condominium unit located at: Municipal address: ___________________________________________________________________________________ (street number and name)

________________________________________________________________________, Alberta____________________ (municipality)

(postal code)

Project name: ______________________________________________________________________________________ Legal description of titled units: Residential unit – Condominium Plan: _______________________ Unit: ______________ Unit factor: _____________ Parking unit(s) – Condominium Plan: _______________________ Unit(s): ____________ Unit factor(s): ___________ Storage unit(s) – Condominium Plan: _______________________ Unit(s): ____________ Unit factor(s): ___________ (b) these non-titled, assigned or leased areas: Parking – Stalls assigned: __________________________ Stalls leased: ____________ Stall numbers: ___________ Storage – Spaces assigned: ________________________ Spaces leased: ___________ Space numbers: __________ (c) these unattached goods

(d) the attached goods except for __________________________________________________________________________ __________________________________________________________________________________________________ 2.

PURCHASE PRICE AND COMPLETION DAY

2.1

The Purchase Price is $___________________________________________________________________________________.

2.2

The Purchase Price includes any applicable Goods and Services Tax (GST).

2.3

2.4

On Completion Day, the Property will be in substantially the same condition as when this contract was accepted and the attached and unattached goods will be in normal working order.

3. 3.1

GENERAL TERMS In fulfilling this contract, the seller and buyer agree to act reasonably and in good faith and agree that: (a) unless the seller, buyer or both have agreed to alternate representation, the seller and buyer are each represented by their own sole agent and those agents have no agency responsibility to the other party; (b) the laws of Alberta apply to this contract; (c) Alberta time applies to this contract. Time is of the essence, which means times and dates will be strictly followed and enforced; (d) Business Day means every day but Saturday, Sunday and statutory holidays and includes all the hours of the day; (e) a reference to the seller or buyer includes singular, plural, masculine and feminine; (f)

(g) the seller and buyer are each responsible for completing their own due diligence and will assume all risks if they do not;

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Buyer’s Initials_____________ ______________

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(h) the seller will ensure the seller’s representations and warranties are true by: (i) reviewing land title and registrations on title; (ii) reviewing a Real Property Report (RPR) for the Property if the Property is a bare land unit; (iii) determining non-resident status for income tax purposes and determining any dower rights; and (iv) doing other needed research; (i) the buyer may get independent inspections or advice on items such as condominium documents, RPR for a bare land unit, land title, registrations on title, current and future use, buildings and mechanical systems, property insurance, title insurance, size of the land and buildings, interior and exterior measurements and other items important to the buyer; (j) sections 12 and 13 of the Condominium Property Act (Alberta) relating to sale of units by developers and rescission of purchase agreement do not apply; (k) contract changes that are agreed to in writing will supersede the pre-printed clauses; (l) the seller and buyer will read this contract and seek relevant advice before signing it; (m) the brokerages, real estate board and listing services may keep and disclose relevant information about this transaction for reporting, statistical, property evaluation and closing purposes; and (n) the __________________________________________________ brokerage will provide this contract and related documents (seller’s or buyer’s)

to the appointed lawyers for the purpose of closing this contract. 4. 4.1 4.2 4.3

DEPOSITS The seller and buyer agree that clauses 4.2 through 4.8 are the terms of trust for the deposits. The seller and buyer appoint ______________________________________________________ as trustee for the deposit money. The buyer will pay a deposit of $______________________________________, which will form part of the Purchase Price, to the trustee by _________________________________________, on or before __________________________________________.

4.4

4.5

(method of payment)

4.6 4.7 4.8

4.9 4.10 5. 5.1

6. 6.1

AREA©157CLDA_2016May

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Buyer’s Initials_____________ ______________

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6.2

Contract Number

(e) the location of the buildings and land improvements: (i) is on the land and not on any easement, right-of-way or neighbouring lands unless there is a registered agreement on title; and (ii) complies with any restrictive covenant on title and municipal bylaws, regulations and relaxations, or the buildings and improvements are “non-conforming buildings” as defined in the Municipal Government Act (Alberta); (f) known Material Latent Defects, if any, have been disclosed in writing in this contract; and (g) any known government and local authority notices regarding the Property, and known lack of permits for any development on the Property, have been disclosed in writing in this contract. The representations and warranties in this contract: (a) are made as of, and will be true at, the Completion Day; and (b) will survive completion and may be enforced after the Completion Day as long as any legal action is commenced within the time limits set by the Limitations Act (Alberta).

7. 7.1

DOWER The seller represents and warrants to the buyer that no spouse has dower rights in the Property, other than as shown by: (a) the non-owner spouse’s signature on this contract; and (b) the seller providing a completed Dower Consent and Acknowledgment form to be attached to and form part of this contract on or before ______________________________________, 20_______. If the seller fails to provide the completed Dower Consent and Acknowledgment form, the buyer may void this contract at the buyer’s option by giving the seller written notice.

8. 8.1

CONDITIONS The seller and buyer will: (a) act reasonably and in good faith in trying to satisfy their own conditions, including making reasonable efforts to fulfill them; and (b) pay for any costs related to their own conditions, except for the providing of documents in the Condominium Documents Condition. Buyer’s Conditions The buyer’s conditions are for the benefit of the buyer and are: (a) Condominium Documents (i) This contract is subject to the buyer’s satisfaction with a review of the Documents before ________ ____.m. on __________________________________________, 20_______ (Condition Day). Documents means documents as are available from the condominium corporation from the list below. (1) a statement setting out the amount of any contributions due and payable in respect of the unit (2) the particulars of: i. any action commenced against the corporation and served on the corporation ii. any unsatisfied judgment or order for which the corporation is liable iii. any written demand made on the corporation for an amount in excess of $5,000 that, if not met, may result in an action being brought against the corporation (3) the particulars of, or a copy of, any subsisting management agreement (4) the particulars of, or a copy of, any subsisting recreational agreement (5) the particulars of any post tensioned cables located anywhere on or within the property that is included in the condominium plan (6) a copy of the budget of the corporation (7) a copy of the most recent financial statements, if any, of the corporation, including the most recent year-end and month-end statements (8) a copy of the bylaws of the corporation (9) a copy of the most recent approved and most recent draft minutes of the annual general meeting (10) a copy of the minutes and draft minutes of meetings of the board of directors of the corporation for not less than the past 12 months (11) a statement setting out the amount of the capital replacement reserve fund (12) a copy of the reserve fund report (13) a copy of the reserve fund plan (14) a statement setting out the amount of the monthly contribution (commonly referred to as condominium fee) and the basis on which that amount was determined (15) a statement setting out any structural deficiencies that the corporation has knowledge of, at the time of the request, in any of the buildings that are included in the condominium plan (16) a copy of any lease agreement or exclusive use agreement with respect to the possession of a portion of the common property, including a parking stall or storage space (17) a copy of the registered condominium plan (18) a copy of the condominium additional plan sheet certificate (CADS) (19) a copy of the insurance certificate

8.2

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(20) (21) (22) (23) (24)

(b)

(c)

(d)

(e)

the amount of any homeowner association fee a copy of any proposed special resolution awaiting a vote a copy of any special resolution that has been passed but not yet implemented a copy of any easement, covenants and restrictions (ECR) agreement a copy of any other building or site report such as a building assessment report, building envelope report, geotechnical report, technical audit, performance audit (25) Other:_____________________________________________________________________________________ __________________________________________________________________________________________ (ii) The seller will cooperate by providing to the buyer, at the seller’s cost, true copies of the Documents before ________ ____.m. on _______________________________________________, 20_______ (Document Delivery Day). (iii) If the seller does not provide the Documents before the Document Delivery Day, the buyer may, at the buyer’s option, obtain the Documents. (iv) To exercise the buyer’s option, the buyer will give written notice to the seller before the Condition Day of the buyer’s intent to obtain the Documents and the Condition Day will extend to ________ ____.m. on _________________________, 20_______. (v) The buyer’s costs to obtain the Documents will be invoiced to the seller and may include reasonable costs such as Land Titles Office fees, condominium manager fees, board fees and solicitor/client legal fees and disbursements. The buyer may require the seller to pay the invoiced amount to the buyer within 30 days of invoice date or have the amount adjusted for on Completion Day. Financing This contract is subject to the buyer securing new financing, not to exceed _____% of the Purchase Price from a lender of the buyer’s choice and with terms satisfactory to the buyer, before ________ ____.m. on ______________________________, 20_______ (Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. Property Inspection This contract is subject to the buyer’s satisfaction with a property inspection, conducted by a licensed home inspector, before ________ ____.m. on _____________________________________, 20______ (Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. Sale of Buyer’s Property This contract is subject to the sale of the buyer’s property before ________ ____.m. on _____________________________, 20_______ (Condition Day), on the terms in the Sale of Buyer’s Property Schedule, selected as attached in clause 9.1. Additional Buyer’s Conditions

before ________ ____.m. on ______________________________________, 20_______ (Condition Day). 8.3

Seller’s Conditions The seller’s conditions are for the benefit of the seller and are:

8.4

9. 9.1

before __________ _____.m. on ______________________________________, 20_______ (Condition Day). Condition Notices Each party will give the other written notice that: (a) a condition is unilaterally waived or satisfied on or before its Condition Day. If not, this contract will end after the time indicated for that Condition Day; or (b) a condition will not be waived or satisfied prior to its Condition Day. This contract will end upon that notice being given. ATTACHMENTS AND ADDITIONAL TERMS The selected documents are attached to and form part of this contract:

Financing Schedule (Seller Financing, Mortgage Assumption, Other Value) Tenancy Schedule Manufactured Home Schedule Sale of Buyer’s Property Schedule Addendum Other ______________________________________________________________________________________________ AREA©157CLDA_2016May

Seller’s Initials _____________

_____________

Buyer’s Initials_____________ ______________

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9.2

Contract Number

Current condominium unit contributions and fees To the best of the seller’s knowledge and to be verified by the buyer: (a) the total current monthly contribution for the Property’s titled units is: $________________________________________; and (b) the total current monthly fee for any non-titled, assigned or leased areas is: $_____________________________________.

9.3

Other terms:

10. CLOSING PROCESS Closing Documents 10.1 The seller or seller’s lawyer will deliver normal closing documents to the buyer or buyer’s lawyer upon reasonable trust conditions consistent with the terms of this contract, including delivery within a reasonable time before the Completion Day to allow for confirmation of registration of documents at the Land Titles Office, obtain the advance of mortgage financing and verify the transfer of other value items. 10.2 If the Property is a bare land unit, closing documents will include an RPR showing the current improvements on the Property according to the Alberta Land Surveyors’ Association Manual of Standard Practice, with evidence of municipal compliance or non-conformance and confirming the seller’s warranties about the land and buildings. This obligation will not apply if there are no structures on the land. The buyer or buyer’s lawyer must have a reasonable time to review the RPR prior to submitting the transfer documents to the Land Titles Office. Payments and Costs 10.3 The buyer will pay the Purchase Price by lawyer’s trust cheque, bank draft or electronic transfer. 10.4 Regardless of when a resolution for a special assessment contribution states that a levied payment is due and payable: (a) the seller is responsible for special assessment payments passed by a resolution on or before 12 noon on Completion Day and will make such payments on or before Completion Day; and (b) the buyer is responsible for special assessment payments passed by a resolution after 12 noon on Completion Day. 10.5 Items such as real estate property taxes, local improvement fees, utilities, rents, security deposits, statutory interest on security deposits, mortgage interest, homeowner association fees and monthly condominium contributions will be the seller’s responsibility for the entire Completion Day and thereafter assumed by the buyer. 10.6 The seller’s lawyer may use the Purchase Price to pay and discharge all of the seller’s financial obligations related to the Property. The seller’s lawyer will provide the buyer’s lawyer, within a reasonable time after Completion Day: (a) evidence of all discharges including, where required, a certified copy of the certificate of title; and (b) an estoppel certificate, effective as of Completion Day, verifying payment of all applicable condominium contributions. 10.7 If the seller has entered into a written service agreement with a real estate brokerage, the seller instructs the seller’s lawyer to honour the terms of that agreement, including the Fee and other costs payable to the seller’s brokerage. 10.8 The seller will pay the costs to prepare the closing documents, including an RPR where required, costs to end an existing tenancy of the Property and provide vacant possession to the buyer, and costs to prepare, register and discharge any seller’s caveat based on this contract. 10.9 The buyer will pay the costs to prepare, register and discharge any buyer’s caveat based on this contract and to register the transfer of land. Closing Day Delays 10.10 If the seller fails to deliver the closing documents in accordance with clause 10.1 or 10.2, then: (a) the buyer’s payment of the Purchase Price and late interest will be delayed until the buyer or buyer’s lawyer has received the closing documents and has a reasonable time to review and register them, obtain the advance of mortgage financing and verify the transfer of other value items; and (b) if the buyer is willing and able to close in accordance with this contract and wants to take possession of the Property, then the seller will give the buyer possession upon reasonable terms which will include the payment of late interest only on the amount of mortgage being obtained by the buyer at the interest rate of that mortgage. 10.11 If the seller has complied with clauses 10.1 and 10.2 but the buyer is not able to close in accordance with this contract, then: (a) the seller may, but is not obligated to, accept late payment of the Purchase Price and give the buyer possession upon reasonable terms; and (b) if the seller agrees to accept late payment of the Purchase Price and, whether or not possession is granted, the buyer will pay late interest at the prime lending rate of the Alberta Treasury Branches at the Completion Day plus 3% calculated daily from and including the Completion Day to (but excluding) the day the seller is paid in full. Payment received after 12 noon on any day will be payment as of the next Business Day. 10.12 The seller and buyer will instruct their lawyers to follow the Western Law Societies Conveyancing Protocol in the closing of this transaction, if appropriate. AREA©157CLDA_2016May

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Buyer’s Initials_____________ ______________

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Contract Number

11. 11.1

12. 12.1

12.2

On buyer default, if the seller must restore the Property title, enforce a lien against the Property or regain possession of the Property, the seller may seek costs and other remedies.

12.3

The seller and buyer agree that the Property is unique. On seller default, the buyer may make a claim for specific performance and other remedies.

13. 13.1

NOTICE AND DOCUMENTS A notice under this contract means a written document, including notices required by this contract, and this contract when accepted.

13.2

A notice is effective at the time the document is delivered in person or sent by fax or email.

13.3

Giving notice means the document is transmitted by one of these methods, and regardless of the method, the notice document is recognized as an original document.

13.4

For documents that require a signature, an electronic signature, as defined in the Electronic Transactions Act (Alberta), or a digitized signature will have the same function as an ink signature.

14.

AUTHORIZATION

14.1

The seller and buyer may each authorize a representative to send and receive notices as described above. Once authorized, notices will be effective upon being delivered in person or sent by fax or email to the authorized representative.

14.2

The seller authorizes:

The buyer authorizes:

Seller’s Brokerage:

Buyer’s Brokerage:

Name: __________________________________________

Name: ______________________________________________

Address: ________________________________________

Address: ____________________________________________

_______________________________________________

____________________________________________________

Brokerage Representative:

Name: __________________________________________

Name: ______________________________________________

Phone: _________________________________________

Phone: ______________________________________________

Fax: ___________________________________________

Fax: ________________________________________________

Email: __________________________________________

Email:_______________________________________________

14.3

15.

CONFIRMATION OF CONTRACT TERMS

15.1

The seller and buyer confirm that this contract sets out all the rights and obligations they intend for the purchase and sale of the Property and that: (a) this contract is the entire agreement between them; and (b) unless expressly made part of this contract, in writing: (i)

Buyer initials ________________ ________________

AREA©157CLDA_2016May

Seller’s Initials _____________

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Buyer’s Initials_____________ ______________

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17.

OFFER

17.1

The buyer offers to buy the Property according to the terms of this contract.

17.2

This offer/counter offer will be open for written acceptance until __________________________________________ ________.m. on __________________________________________________________________________________________, 20_______.

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

18.

ACCEPTANCE

18.1

The seller agrees to sell the Property according to the terms of this contract.

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________________________

Non-Owner Spouse Signature

Non-Owner Spouse Name (print)

_____________________________________________________

__________________________________________________

Witness Signature

Witness Name (print)

CONVEYANCING INFORMATION Seller’s Information:

Buyer’s Information:

Address ______________________________________________ Address _____________________________________________ _____________________________________________________

____________________________________________________

Buyer’s Lawyer:

Address ______________________________________________ Address _____________________________________________ _____________________________________________________

____________________________________________________

AREA©157CLDA_2016May This form was developed by the Alberta Real Estate Association (AREA) for the use of its members only. Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTOR®) and/or the quality of services they provide (MLS®).

WEBForms ® Jul/2016

COUNTRY RESIDENTIAL • Purchase Contract • Property Schedule • Condominium Property Schedule

New AREA Standard Forms

Contract Number

COUNTRY RESIDENTIAL PURCHASE CONTRACT Between THE SELLER

and

THE BUYER

——————————————————————————————————————————————————————— 1. 1.1

THE PROPERTY The Property is: (a) the land and buildings, excluding all mines and minerals, located at: Legal description: Quarter____________ Section_____________ Township_____________ Range_____________ W of ______Meridian Plan__________________________________ Block_______________________ Lot__________________________ Other: _________________________________________________________________________________________ Land size: _______________(hectares) _______________(acres) more or less LINC:_____________________________ Municipal address: ___________________________________________________________________________________ (street number and name)

________________________________________________________________________, Alberta____________________ (municipality)

(postal code)

Rural address identifier:_____________________________

Subdivision name: ___________________________

Or, If a bare land condominium unit, condominium details as described in clause 1.1 of the Country Residential Purchase Contract Condominium Property Schedule, selected as attached in clause 9.1 below. (b) these unattached goods

PURCHASE PRICE AND COMPLETION DAY

2.1

The Purchase Price is $___________________________________________________________________________________.

2.2

The Purchase Price includes any applicable Goods and Services Tax (GST).

2.3

2.4

On Completion Day, the Property will be in substantially the same condition as when this contract was accepted and the attached and unattached goods will be in normal working order.

3. 3.1

the seller will disclose known Material Latent Defects. Material Latent Defect means a defect in the Property that is not discoverable through a reasonable inspection and that will affect the use or value of the Property; (g) the seller and buyer are each responsible for completing their own due diligence and will assume all risks if they do not; AREA©77CLDA_2016May

Seller’s Initials _____________

_____________

Buyer’s Initials_____________ ______________

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Country Residential Purchase Contract

Contract Number

(h) the seller will ensure the seller’s representations and warranties are true by: (i) reviewing documents such as a Real Property Report (RPR), land title and registrations on title; (ii) determining non-resident status for income tax purposes and determining any dower rights; and (iii) doing other needed research; (i) the buyer will ensure the buyer’s representations and warranties are true by determining ability to purchase land under the Foreign Ownership of Land Regulations (Alberta); (j) the buyer may get independent inspections or advice on items such as condominium documents, RPR for a bare land condominium unit, land title, registrations on title, current and future use, buildings and mechanical systems, property insurance, title insurance, size of the land and buildings, interior and exterior measurements and other items important to the buyer; (k) sections 12 and 13 of the Condominium Property Act (Alberta) relating to sale of units by developers and rescission of purchase agreement do not apply; (l) contract changes that are agreed to in writing will supersede the pre-printed clauses; (m) the seller and buyer will read this contract and seek relevant advice before signing it; (n) the brokerages, real estate board and listing services may keep and disclose relevant information about this transaction for reporting, statistical, property evaluation and closing purposes; and (o) the _________________________________________________ brokerage will provide this contract and related documents (seller’s or buyer’s)

to the appointed lawyers for the purpose of closing this contract. 4. 4.1

DEPOSITS The seller and buyer agree that clauses 4.2 through 4.8 are the terms of trust for the deposits.

4.2

The seller and buyer appoint ______________________________________________________ as trustee for the deposit money.

4.3

The buyer will pay a deposit of $______________________________________, which will form part of the Purchase Price, to the trustee by __________________________________________, on or before _________________________________________. (method of payment)

4.4

The buyer will pay an additional deposit of $_____________________________, which will form part of the Purchase Price, to the trustee by __________________________________________, on or before _________________________________________. (method of payment)

4.5 4.6 4.7 4.8

4.9 4.10

5. 5.1

6. 6.1

AREA©77CLDA_2016May

Seller’s Initials _____________

_____________

Buyer’s Initials_____________ ______________

Page 2 of 7

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Country Residential Purchase Contract

6.2 6.3

Contract Number

(d) the current use of the land and buildings complies with the existing municipal land use bylaw and any restrictive covenant on title; (e) the location of the buildings and land improvements: (i) is on the land and not on any easement, right-of-way or neighbouring lands unless there is a registered agreement on title; and (ii) complies with any restrictive covenant on title and municipal bylaws, regulations and relaxations, or the buildings and improvements are “non-conforming buildings” as defined in the Municipal Government Act (Alberta); (f) known Material Latent Defects, if any, have been disclosed in writing in this contract; and (g) any known government and local authority notices regarding the Property, and known lack of permits for any development on the Property, have been disclosed in writing in this contract. The buyer represents and warrants to the seller that the buyer is eligible to purchase “controlled land” as defined in the Foreign Ownership of Land Regulations (Alberta). The representations and warranties in this contract: (a) are made as of, and will be true at, the Completion Day; and (b) will survive completion and may be enforced after the Completion Day as long as any legal action is commenced within the time limits set by the Limitations Act (Alberta).

7. 7.1

DOWER The seller represents and warrants to the buyer that no spouse has dower rights in the Property, other than as shown by: (a) the non-owner spouse’s signature on this contract; and (b) the seller providing a completed Dower Consent and Acknowledgment form to be attached to and form part of this contract on or before __________________________________________, 20_______. If the seller fails to provide the completed Dower Consent and Acknowledgment form, the buyer may void this contract at the buyer’s option by giving the seller written notice.

8. 8.1

CONDITIONS The seller and buyer will: (a) act reasonably and in good faith in trying to satisfy their own conditions, including making reasonable efforts to fulfill them; and (b) pay for any costs related to their own conditions, except for the providing of documents in the Condominium Documents Condition. Buyer’s Conditions The buyer’s conditions are for the benefit of the buyer and are: (a) Financing This contract is subject to the buyer securing new financing, not to exceed _____% of the Purchase Price from a lender of the buyer’s choice and with terms satisfactory to the buyer, before________ ____.m. on _______________________________, 20_______(Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. (b) Property Inspection This contract is subject to the buyer’s satisfaction with a property inspection, conducted by a licensed home inspector, before ________ ____.m. on ______________________________________________, 20______ (Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. (c) Condominium Documents This contract is subject to the buyer’s satisfaction with a review of the Documents before ________ ____.m. on ___________________________________________, 20______ (Condition Day), on the terms in the Country Residential Purchase Contract Condominium Property Schedule, selected as attached in clause 9.1. (d) Sale of Buyer’s Property This contract is subject to the sale of the buyer’s property before ________ ____.m. on ______________________________, 20_____ (Condition Day), on the terms in the Sale of Buyer’s Property Schedule, selected as attached in clause 9.1. (e) Water This contract is subject to the buyer’s satisfaction with the source and flow rate of the water supply and a review of well and water reports prepared by an inspector of the buyer’s choice, before ________ ____.m. on ______________________________, 20______ (Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. (f) Septic System This contract is subject to the buyer’s satisfaction with a review of a septic system inspection, performed by an inspector of the buyer’s choice, before ________ ____.m. on _____________________________________, 20______ (Condition Day). The seller will cooperate by providing access to the Property on reasonable terms. (g) Country Residential Purchase Contract Property Schedule This contract is subject to the buyer’s satisfaction with the information in the Country Residential Purchase Contract Property Schedule, selected as attached in clause 9.1, before ________ ____.m. on _______________________________, 20______ (Condition Day). The seller will cooperate by providing the completed schedule, including any indicated water and well reports, before ________ ____.m. on _________________________________, 20______.

8.2

Seller’s Initials _____________

_____________

Buyer’s Initials_____________ ______________

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Country Residential Purchase Contract

Contract Number

(h) Subdivision Plan This contract is subject to the buyer’s satisfaction with a review of a subdivision plan for the Property before ________ ____. m. on _________________________________, 20______ (Condition Day). The seller will cooperate by providing a true copy of the subdivision plan. (i) Additional Buyer’s Conditions

8.3

8.4

9. 9.1

before _________ ____.m. on _____________________________________, 20_______ (Condition Day). Seller’s Conditions The seller’s conditions are for the benefit of the seller and are:

Financing Schedule (Seller Financing, Mortgage Assumption, Other Value) Tenancy Schedule Manufactured Home Schedule Sale of Buyer’s Property Schedule Country Residential Purchase Contract Property Schedule Country Residential Purchase Contract Condominium Property Schedule Addendum Other ______________________________________________________________________________________________ 9.2

9.3

Other terms:

Seller’s Initials _____________

_____________

Buyer’s Initials_____________ ______________

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Contract Number

Payments and Costs 10.3

The buyer will pay the Purchase Price by lawyer’s trust cheque, bank draft or electronic transfer.

10.4

Regardless of when a resolution for a special assessment contribution states that a levied payment is due and payable: (a) the seller is responsible for special assessment payments passed by a resolution on or before 12 noon on Completion Day and will make such payments on or before Completion Day; and (b) the buyer is responsible for special assessment payments passed by a resolution after 12 noon on Completion Day.

10.5

Items such as real estate property taxes, local improvement fees, utilities, rents, security deposits, statutory interest on security deposits, mortgage interest, homeowner association fees and monthly condominium contributions will be the seller’s responsibility for the entire Completion Day and thereafter assumed by the buyer.

10.6

The seller’s lawyer may use the Purchase Price to pay and discharge all of the seller’s financial obligations related to the Property. The seller’s lawyer will provide the buyer’s lawyer, within a reasonable time after Completion Day: (a) evidence of all discharges including, where required, a certified copy of the certificate of title; and (b) if the Property is a bare land condominium unit, an estoppel certificate, effective as of Completion Day, verifying payment of all applicable condominium contributions.

10.7

If the seller has entered into a written service agreement with a real estate brokerage, the seller instructs the seller’s lawyer to honour the terms of that agreement, including the Fee and other costs payable to the seller’s brokerage.

10.8

The seller will pay the costs to prepare the closing documents, including an RPR where required, costs to end an existing tenancy of the Property and provide vacant possession to the buyer, and costs to prepare, register and discharge any seller’s caveat based on this contract.

10.9

The buyer will pay the costs to prepare, register and discharge any buyer’s caveat based on this contract and to register the transfer of land.

Closing Day Delays 10.10 If the seller fails to deliver the closing documents in accordance with clause 10.1 or 10.2, then: (a) the buyer’s payment of the Purchase Price and late interest will be delayed until the buyer or buyer’s lawyer has received the closing documents and has a reasonable time to review and register them, obtain the advance of mortgage financing and verify the transfer of other value items; and (b) if the buyer is willing and able to close in accordance with this contract and wants to take possession of the Property, then the seller will give the buyer possession upon reasonable terms which will include the payment of late interest only on the amount of mortgage being obtained by the buyer at the interest rate of that mortgage. 10.11 If the seller has complied with clauses 10.1 and 10.2 but the buyer is not able to close in accordance with this contract, then: (a) the seller may, but is not obligated to, accept late payment of the Purchase Price and give the buyer possession upon reasonable terms; and (b) if the seller agrees to accept late payment of the Purchase Price and, whether or not possession is granted, the buyer will pay late interest at the prime lending rate of the Alberta Treasury Branches at the Completion Day plus 3% calculated daily from and including the Completion Day to (but excluding) the day the seller is paid in full. Payment received after 12 noon on any day will be payment as of the next Business Day. 10.12 The seller and buyer will instruct their lawyers to follow the Western Law Societies Conveyancing Protocol in the closing of this transaction, if appropriate. 11. 11.1

12. 12.1

12.2

On buyer default, if the seller must restore the Property title, enforce a lien against the Property or regain possession of the Property, the seller may seek costs and other remedies.

12.3

The seller and buyer agree that the Property is unique. On seller default, the buyer may make a claim for specific performance and other remedies.

13. 13.1

NOTICE AND DOCUMENTS A notice under this contract means a written document, including notices required by this contract, and this contract when accepted.

13.2

A notice is effective at the time the document is delivered in person or sent by fax or email.

13.3

Giving notice means the document is transmitted by one of these methods, and regardless of the method, the notice document is recognized as an original document.

13.4

For documents that require a signature, an electronic signature, as defined in the Electronic Transactions Act (Alberta), or a digitized signature will have the same function as an ink signature.

Seller’s Initials _____________

_____________

Buyer’s Initials_____________ ______________

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Contract Number

14.

AUTHORIZATION

14.1

14.2

The seller authorizes:

The buyer authorizes:

Seller’s Brokerage:

Buyer’s Brokerage:

Name: __________________________________________

Name: ______________________________________________

Address: ________________________________________

Address: ____________________________________________

_______________________________________________

____________________________________________________

Brokerage Representative:

Name: __________________________________________

Name: ______________________________________________

Phone: _________________________________________

Phone: ______________________________________________

Fax: ___________________________________________

Fax: ________________________________________________

Email: __________________________________________

Email:_______________________________________________

14.3

15.

CONFIRMATION OF CONTRACT TERMS

15.1

Buyer initials ________________ ________________

16.

LEGAL OBLIGATIONS BEGIN

16.1

The legal obligations in this contract begin when the accepted contract is delivered in person or sent by fax or email. The obligations bind the seller and buyer as well as their heirs, administrators, executors, successors and assigns.

17.

OFFER

17.1

The buyer offers to buy the Property according to the terms of this contract.

17.2

This offer/counter offer will be open for written acceptance until __________________________________________ ________.m. on __________________________________________________________________________________________, 20_______.

Signed and dated at _________________________, Alberta at________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Signed and dated at _________________________, Alberta at________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Seller’s Initials _____________

_____________

Buyer’s Initials_____________ ______________

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Country Residential Purchase Contract

18.

ACCEPTANCE

18.1

The seller agrees to sell the Property according to the terms of this contract.

Contract Number

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Signed and dated at _________________________, Alberta at ________ ____.m. on _______________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________________________

Non-Owner Spouse Signature

Non-Owner Spouse Name (print)

_____________________________________________________

__________________________________________________

Witness Signature

Witness Name (print)

CONVEYANCING INFORMATION Seller’s Information:

Buyer’s Information:

Address ______________________________________________ Address _____________________________________________ _____________________________________________________

____________________________________________________

Buyer’s Lawyer:

Address ______________________________________________ Address _____________________________________________ _____________________________________________________

____________________________________________________

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COUNTRY RESIDENTIAL PURCHASE CONTRACT

PROPERTY SCHEDULE This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D;â&#x20AC;&#x201D; 1.

REPRESENTATIONS AND WARRANTIES

1.1

The seller represents and warrants to the buyer the following are provided to the Property: (a) Electricity

Â&#x2020; residence

Â&#x2020; property line

Â&#x2020; not serviced

(b) Telephone land line

Â&#x2020; residence

Â&#x2020; property line

Â&#x2020; not serviced

Â&#x2020; residence

Â&#x2020; property line

Â&#x2020; not serviced

(d) Municipal Road access

Â&#x2020; yes

Â&#x2020; no

(e) Driveway access

Â&#x2020; yes

Â&#x2020; no

Â&#x2020; private

Â&#x2020; via registered easement

(f)

1.2

Â&#x2020; shared

Other:

The seller represents and warrants to the buyer the following information about the Property: (a) Registered water rights

Â&#x2020; yes

Â&#x2020; no

(b) Water rights included

Â&#x2020; yes

Â&#x2020; no

Â&#x2020; yes

Â&#x2020; no

(d) Registered easements

Â&#x2020; yes

Â&#x2020; no

Priority #: ______________________________________

Â&#x2020; gas line Â&#x2020; power line Â&#x2020; pipe line (e) Non-residential lease agreements Â&#x2020; yes (f)

Heat source

(g) Septic system

(h) Water supply

(i)

Â&#x2020; well

Â&#x2020; other _______________

Â&#x2020; no

Â&#x2020; natural gas

Â&#x2020; propane/LPG

Â&#x2020; electric

Â&#x2020; none

Â&#x2020; other _______________________________________

Â&#x2020; tank & field

Â&#x2020; holding tank (size: ______ gallons)

Â&#x2020; none

Â&#x2020; other _______________________________________

Â&#x2020; drilled well

Â&#x2020; cistern (size: ______ gallons)

Â&#x2020; municipal

Â&#x2020; community co-op

Â&#x2020; other _______________

Other:

Sellerâ&#x20AC;&#x2122;s Initials _____________

_____________

Buyerâ&#x20AC;&#x2122;s Initials_____________ ______________

Page 1 of 2

This form was developed by the Alberta Real Estate Association (AREA) for the use of its members only. Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTORÂ®) and/or the quality of services they provide (MLSÂ®).

WEBForms Â® Jul/2016

Contract Number

Country Residential Purchase Contract – Property Schedule

1.3

The seller represents and warrants to the buyer that there are no unpaid fees to provide services and utilities to the Property that the buyer must assume, except as follows:

1.4

The seller represents and warrants to the buyer that known environmental circumstances that will affect the use or value of the Property have been disclosed in writing in this contract.

OTHER TERMS

2.1

The buyer acknowledges that telecommunication facilities may be available to the Property. As the providers and technologies can change, the buyer is responsible to verify availability of these services.

2.2

The seller is providing, without warranting accuracy, the well and water reports as indicated:

2.3

(a)

bacterial analysis report, dated: __________________________

(b)

chemical analysis report, dated: __________________________

(c)

flow test report, dated: _________________________________

(d)

driller’s report, dated: __________________________________

(e)

other: ______________________________________________

The following contracts are to be assumed by the buyer:

Dated at ________ ____.m. on _______________________________________________, 20_______.

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Dated at ________ ____.m. on _______________________________________________, 20_______. __________________________________

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

Page 2 of 2

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COUNTRY RESIDENTIAL PURCHASE CONTRACT

CONDOMINIUM PROPERTY SCHEDULE (For condominium details and terms of Condominium Document Condition) This document forms part of purchase contract #:________________________ Seller ________________________________________________ Buyer _______________________________________________ Seller ________________________________________________ Buyer _______________________________________________

——————————————————————————————————————————————————————— 1.

CONDOMINIUM DETAILS

1.1

The condominium details are: Municipal address:_______________________________________________________________________________________ (street number and name)

__________________________________________________________________________, Alberta _____________________ (municipality)

(postal code)

Project name:___________________________________________________________________________________________ Legal description of titled units: Residential unit – Condominium Plan: _______________________ Unit: ______________ Unit factor: _____________ Parking unit(s) – Condominium Plan: _______________________ Unit(s): ____________ Unit factor(s): ___________ Storage unit(s) – Condominium Plan: _______________________ Unit(s): ____________ Unit factor(s): ___________ Non-titled, assigned or leased areas: Parking – Stalls assigned: __________________________ Stalls leased: ____________ Stall numbers: ___________ Storage – Spaces assigned: ________________________ Spaces leased: ___________ Space numbers: __________ 2.

TERMS OF CONDOMINIUM DOCUMENT CONDITION

2.1

Documents as described in clause 8.2(c) of the Country Residential Purchase Contract means documents as are available from the condominium corporation from the list below. (1)

a statement setting out the amount of any contributions due and payable in respect of the unit

(2)

the particulars of: (i)

any action commenced against the corporation and served on the corporation

(ii) any unsatisfied judgment or order for which the corporation is liable (iii) any written demand made on the corporation for an amount in excess of $5,000 that, if not met, may result in an action being brought against the corporation (3)

the particulars of, or a copy of, any subsisting management agreement

(4)

the particulars of, or a copy of, any subsisting recreational agreement

(5)

the particulars of any post tensioned cables located anywhere on or within the property that is included in the condominium plan

(6)

a copy of the budget of the corporation

(7)

a copy of the most recent financial statements, if any, of the corporation, including the most recent year-end and month-end statements

(8)

a copy of the bylaws of the corporation

(9)

a copy of the most recent approved and most recent draft minutes of the annual general meeting

(10) a copy of the minutes and any draft minutes of meetings of the board of directors of the corporation for not less than the past 12 months (11) a statement setting out the amount of the capital replacement reserve fund (12) a copy of the reserve fund report (13) a copy of the reserve fund plan

Seller’s Initials _____________

_____________

Buyer’s Initials ____________

______________

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Country Residential Purchase Contract – Condominium Property Schedule

Contract Number

(14) a statement setting out the amount of the monthly contribution (commonly referred to as condominium fee) and the basis on which that amount was determined (15) a statement setting out any structural deficiencies that the corporation has knowledge of, at the time of the request, in any of the buildings that are included in the condominium plan (16) a copy of any lease agreement or exclusive use agreement with respect to the possession of a portion of the common property, including a parking stall or storage space (17) a copy of the registered condominium plan (18) a copy of the condominium additional plan sheet certificate (CADS) (19) a copy of the insurance certificate (20) the amount of any homeowner association fee (21) a copy of any proposed special resolution awaiting a vote (22) a copy of any special resolution that has been passed but not yet implemented (23) a copy of any easement, covenants and restrictions (ECR) agreement (24) a copy of any other building or site report such as a building assessment report, building envelope report, geo-technical report, technical audit, performance audit (25) Other:

2.2

The seller will cooperate by providing to the buyer, at the seller’s cost, true copies of the Documents before ________ ____.m. on ______________________________________, 20_______ (Document Delivery Day).

2.3

If the seller does not provide the Documents before the Document Delivery Day, the buyer may, at the buyer’s option, obtain the Documents.

2.4

To exercise the buyer’s option, the buyer will give written notice to the seller before the Condition Day indicated in clause 8.2(c) of the Country Residential Purchase Contract of the buyer’s intent to obtain the Documents, and the Condition Day will extend to ________ ____.m. on ______________________________________, 20_______.

2.5

The buyer’s costs to obtain the Documents will be invoiced to the seller and may include reasonable costs such as Land Titles Office fees, condominium manager fees, board fees and solicitor/client legal fees and disbursements. The buyer may require the seller to pay the invoiced amount to the buyer within 30 days of invoice date or have the amount adjusted for on Completion Day.

Dated at ________ ____.m. on _______________________________________________, 20_______.

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Buyer Signature

Witness Signature

Witness Name (print)

Dated at ________ ____.m. on _______________________________________________, 20_______.

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

__________________________________

___________________________________

Seller Signature

Witness Signature

Witness Name (print)

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