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gpab.net
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Since November 20, 1999
Last Updated: November 03, 2007
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Offer To Purchase -
Guide
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This is not a binding contract; for both
parties' protection you need to prepare a contract with a lawyer's
assistance.
Purchaser(s)
Purchaser name(s):
address and phone number:
Vendor(s)
Vendor name(s):
address and phone number:
Property
civic address:
legal description (if available):
Purchase Price
| accompanying
deposit: |
|
$ . . . .
. . . . . . . . . . . . |
(usually $1,000) |
| balance of
deposit (if any): |
|
$ . . . . . . . .
. . . . . . . . |
(usually determined with lawyer) |
| first mortgage: |
|
$ . . . . . . . .
. . . . . . . . |
|
| second mortgage: |
|
$ . . . . . . . .
. . . . . . . . |
|
| balance of down
payment: |
|
$ . . . . . . . .
. . . . . . . . |
|
| |
|
_____________ |
|
| TOTAL: |
|
$ |
|
"Subject To" Conditions
This offer is made subject to the
following conditions, any or all of which may be waived at the
discretion of the Purchaser(s), by written notice to the Vendor on
or before the associated expiry date:
Fixtures and Chattels Included or Excluded
Encumbrances
Need to be discussed with your lawyers.
Warranties and Disclosures
Need to be discussed with your lawyers.
Completion, Adjustment and
Possession Dates
The Purchaser(s) may take possession at noon
on the ____ day of ___________, _____
Associated Costs
The Vendor(s) will bear any costs entailed in
clearing the Title and preparing its transfer, in preparing any
take-back mortgage(s), in discharging any encumbrances not assumed
by the Purchaser(s), in any mortgage prepayment penalties, and in
any real estate commission.
The Purchaser(s) will bear any costs involved
in the Title search and registration, in obtaining any new
mortgage(s), and in any property appraisal and/or house inspection.
Other expenses to be borne by either party:
Tax Issues
The Vendor(s) will pay the taxes relating to
realtor fees (if any) involved in the sale or to other expenses to
which they've committed. The Purchaser(s) will pay any GST or PST
applicable to the purchase of a new home or to other expenses to
which they've committed. (GST is not normally an issue with
residences that the vendors have occupied for 6 months or more.)
Cancellation and Default
The deposit will be returned to the
Purchaser(s) if the offer is not accepted, falls through because a
condition could not be satisfied in time, or if the Vendor defaults
(in which case the Purchaser(s) may pursue other remedies as well).
If the Purchaser defaults, the deposit is forfeit to the Vendor(s),
who may also seek other remedies against the Purchaser(s)
Other Clauses
|
For an assumed mortgage (if any): |
| mortgagee: |
|
|
| amount: |
|
$ |
| interest rate: |
|
_______% per
annum |
| end of term: |
|
_______ day of
_________, ______ |
| IP: |
|
$ _______/month |
|
|
|
|
For a new mortgage (if any): |
| maximum
amount |
|
$ |
| maximum
interest rate: |
|
_____% per annum |
| maximum
amortization: |
|
____ years |
| maximum term: |
|
____ months |
| maximum IP: |
|
$ _____/month |
Deadline For Acceptance
This offer is open for acceptance until 11:59
p.m. on the ______ day of ______________, ______ after which time
(if not accepted) it will become void and the deposit will be
returned to the Purchaser(s).
Signatures
| ____________________ |
____________________ |
_____________ |
| Purchaser |
Witness |
date
|
| ____________________ |
____________________ |
_____________ |
| Purchaser |
Witness |
date
|
| ____________________ |
____________________ |
_____________ |
| Vendor |
Witness |
date
|
| ____________________ |
____________________ |
_____________ |
| Vendor |
Witness |
date
|
| fixtures |
If you need
tools to remove it, it's a fixture and will be included in
the purchase price unless specifically excluded. Anything
not firmly attached to a building is a chattel and would not
stay with the property unless specifically included in the
purchase price.
Be careful to list all major
appliances and items of furniture to be included in the
purchase, noting makes and model numbers where possible. As
well, you may wish to include, under the
"Warrantees" section of your contract, a statement
guaranteeing the working condition of specific appliances.
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| negotiations |
It is normal for an
offer to go back and forth several times between purchaser
and vendor before an acceptable price and terms are
determined. This should always be done on paper!
Here's how . . .
The original offer, signed and
witnessed by the purchaser(s), is presented to the vendor(s).
The vendor(s) make any changes by crossing out the relevant
details - price, chattels, possession date, deposit, etc.,
replacing them with the preferred alternatives, and initialing
each amendment. Then the document is returned to
the purchaser(s) for consideration. This can happen several
times.
Once all final changes have been initialed
by all parties, you have a SALE
(pending removal of any subject-tos, of course). Be
sure to see a lawyer.
|
| possession
date |
As with the closing
date, it is best to avoid the last or first day of the month
- in this case to ensure availability of a moving van!
In any case, DO NOT take possession of
a property before the closing date, as that could leave you
in a difficult situation should the condition of the
property come into dispute on closing.
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| "subject
to" conditions |
Conditions are usually
inserted, and waivable, at the discretion of the purchaser,
and are often prefaced with a statement like "The
following conditions are inserted for the benefit of, and
may be waived at the sole option of, the Purchaser."
Each condition must set specific
objectives which the purchaser must attempt to meet in
good faith, and must include a deadline for completion.
NOTE: the fewer the conditions, and
the shorter their deadlines, the more attractive the offer
to the Vendor. Some examples:
This offer is conditional on the
Purchaser arranging for, and receiving within 10 days from
the date of acceptance of this offer, a satisfactory
professional home inspection of the property.
This offer is conditional on the
Purchaser arranging, within 10 business days of the date of
acceptance, mortgage financing of not less than _________
thousand dollars, at an interest rate not to exceed _____%
per annum, and IP payments of no more than $_____ per month.
This offer is conditional on the
Purchaser obtaining an unconditional agreement for the sale
of his or her property, located at
_____________________________ within 30 days of the date of
acceptance of this offer.
This offer is conditional on a
review and approval by the Purchaser's lawyer, within 5
business days of the acceptance of this offer, of its form
and content.
If purchasing a condominium: This
offer is conditional on the Vendor's providing the
Purchaser(s), within 5 business days of the date of
acceptance of this offer, with a satisfactory and current estoppal
certificate providing information on the development's
current finances and insurance and on any restrictions on
the renovation or use of the subject property.
NOTE: conditions may also be inserted
for the benefit of the Vendor:
This offer is conditional on the
removal by the Purchaser(s) of all subject-to clauses within
72 hours of receiving written notice by the Vendor of an
unconditional bona fide backup offer, failing which removal,
this offer will become void and all deposit monies shall be
returned to the Purchaser(s). This condition is inserted for
the benefit of, and may be waived at the sole option of, the
Vendor.
This offer is conditional on the
Vendor's receiving within 5 business days of the acceptance
of this offer, written confirmation from the Vendor's bank
that all liabilities of the Vendor relating to the existing
first mortgage shall cease upon said mortgage being assumed
by the Purchaser(s).
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This is not a contract--essential
clauses are not covered, however it will help make sure both parties
are agreed on most of the significant points in the transaction.
Be sure to bring this to a lawyer to have a contract
prepared.
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