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Last Updated:  November 03, 2007

 

 
Offer To Purchase - Guide          

 

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.

 

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.
 

"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).
 

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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