Fillable C4752416 Ontario Condo Purchase Agreement 1588609669 (City of Oakland)

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C4752416 Ontario Condo Purchase Agreement 1588609669 (City of Oakland)

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Form 101 Revised 2020
Page 1 of 7
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
Agreement of Purchase and Sale
Condominium Resale
Form 101
for use in the Province of Ontario
This Agreement of Purchase and Sale dated this ........................ day of ................................................................................................... 20............
BUYER: ......................................................................................................................................................................., agrees to purchase from
(Full legal names of all Buyers)
SELLER: ..............................................................................................................................
........................................................, the following
(Full legal names of all Sellers)
PROPERTY:
a unit in the condominium proper
ty known as ....................................................................................................................... No..........................
(Apar
tment/Townhouse/Suite/Unit)
located at ........................................................................................................................................................................................................
in
the ...............................................................................................................................................................................................................
being ..................................................................................................................... Condominium Plan No ........................................................
(Legal Name of Condominium Corporation)
Unit Number .................................................. Level No. ....................................... Building No. ..................................... together with ownership
or
exclusive use of Parking Space(s) ...................................................................................................., together with ownership or exclusive use of
(Number(s), Level(s))
L
ocker(s) ................................................................................................., together with Seller’s proportionate undivided tenancy-in-common interest
(Number(s), Level(s))
in the common elements appurtenant to the Unit as described in the Declaration and Description including the exclusive right to use such other parts of
the
common elements appurtenant to the Unit as may be specied in the Declaration and Description: the Unit, the proportionate interest in the common
elements appurtenant thereto, and the exclusive use portions of the common elements, being herein called the “Property”.
PURCHASE PRICE: Dollars (CDN$) ..........................................
............................................................................................................................................................................................................. Dollars
DEPOSIT: Buyer submits ...................................................................................................................................................................................
(Herewith/Upon Acceptance/as other
wise described in this Agreement)
..................................................................................................................................................... Dollars (CDN$) ..........................................
by
negotiable cheque payable to ............................................................................................................................. “Deposit Holder” to be held
in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. For the purposes of this
Agreement, “Upon Acceptance” shall mean that the Buyer is required to deliver the deposit to the Deposit Holder within 24 hours of the acceptance of
this Agreement. The parties to this Agreement hereby acknowledge that, unless otherwise provided for in this Agreement, the Deposit Holder shall place
the deposit in trust in the Deposit Holder’s non-interest bearing Real Estate Trust Account and no interest shall be earned, received or paid on the deposit.
Buyer agrees to pay the balance as more particularly set out in Schedule A attached.
SCHEDULE(S) A..............................................................................................................attached hereto form(s) part of this Agreement.
1.
IRREVOCABILITY: This offer shall be irrevocable by ..................................................................... until ............................ on the ................
(Seller/Buyer) (a.m./p.m.)
day of ...................................................................................................... 20 ........., after which time, if not accepted, this offer shall be null
and void and the deposit shall be returned to the Buyer in full without interest.
2.
COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .......... day of ......................................................,
20 ............... Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement.
INITIALS OF BUYER(S): INITIALS OF SELLER(S):
04
May
20
Lisa Andrews
Suite
3511
300 Front Street West
City of
TSCC
2338
11
34
Level A Unit 34
1,300,000.00
One Million Three Hundred Thousand
Upon acceptance
Sixty-five Thousand
65,000.00
ROYAL LEPAGE SIGNATURE REALTY
Buyer
6
January
20
Form 101 Revised 2020
Page 2 of 7
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
3. NOTICES: The
Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this
Agreement.
Where a Brokerage (Buyer’s Brokerage) has entered into a representation agreement with the Buyer, the Buyer hereby appoints
the
Buyer’
s Brokerage as agent for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage represents
both
the
Seller and the Buyer (multiple representation), the Brokerage shall not be appointed or authorized to be agent
for
either
the Buyer or the Seller for the purpose of giving and receiving notices. Any notice relating hereto or provided for herein
shall
be
in writing. In addition to any provision contained herein and in any Schedule hereto, this offer, any counter-offer, notice of acceptance
thereof
or
any notice to be given or received pursuant to this Agreement or any Schedule hereto (any of them, “Document”) shall be deemed given
and
received
when delivered personally or hand delivered to the Address for Service provided in the Acknowledgement below, or where a
facsimile
number
or email address is provided herein, when transmitted electronically to that facsimile number or email address, respectively, in which
case,
the signature(s) of the par
ty (parties) shall be deemed to be original.
FAX No.: ...................................................................................... FAX No.: ..........................................................................................
(For delivery of Documents to Seller) (For deliver
y of Documents to Buyer)
Email Address: .............................................................................. Email Address: ..................................................................................
(For delivery of Documents to Seller) (For delivery of Documents to Buyer)
4. CH
ATTELS INCLUDED:
Unless other
wise stated in this Agreement or any Schedule hereto, Seller agrees to convey all xtures and chattels included in the Purchase Price free
from all liens, encumbrances or claims affecting the said xtures and chattels.
5. FIXTURES EXCLUDED:
6. RENTAL ITEMS (Including Lease, Lease to Own): The following equipment is rented and not included in the Purchase Price. The Buyer `
agrees
to assume the rental contract(s), if assumable:
The Buyer agrees to co-operate and execute such documentation as may be required to facilitate such assumption.
7. COMMON
EXPENSES: Seller warrants to Buyer that the common expenses presently payable to the Condominium Corporation in respect of
the
Proper
ty are approximately $ ............................... per month, which amount includes the following: ................................................................
................................................................................................................................................................................................................
................................................................................................................................................................................................................
8. PARKING AND LOCKERS: Parking and Lockers are as described above or assigned as follows: .....................................................................
....................................................................................... at an additional cost of: ......................................................................................
INITIALS OF BUYER(S): INITIALS OF SELLER(S):
4165831660
andrewa@condos.ca
Stainless Steel Fridge/Freezer, Stainless Steel Over-the-Range Microwave with Built in Exhaust Fan, Stainless
Steel Dishwasher, Stainless Steel Oven With Electric Range, Stacked Front Loading Washer & Dryer, All Electric
Light Fixtures, All Existing Window Coverings
630.12
Building Insurance, Common Elements, Central Air Conditioning, Water, Heat, One Underground Parking Spot
Form 101 Revised 2020 Page 3 of 7
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
9. HST: If the sale of the Property (Real Property as described above) is subject to Harmonized Sales Tax (HST), then such tax shall be
............................................................... the Purchase Price. If the sale of the Property is not subject to HST, Seller agrees to certify on or before
(included in/in addition to)
closing, that the sale of the Property is not subject to HST. Any HST on chattels, if applicable, is not included in the Purchase Price.
10. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the .............. day of ......................................................., 20......., (Requisition Date)
to examine the title to the Property at Buyer’s own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date
on which the conditions in this Agreement are fullled or otherwise waived or; (ii) ve days prior to completion, to satisfy Buyer that there are no
outstanding work orders or deciency notices affecting the Property, and that its present use (.............................................................................)
may be lawfully continued. If within that time any valid objection to title or to any outstanding work order or deciency notice, or to the fact the said
present use may not lawfully be continued, is made in writing to Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain
insurance save and except against risk of re (Title Insurance) in favour of the Buyer and any mortgagee, (with all related costs at the expense of the
Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be
at an end and all monies paid shall be returned without interest or deduction and Seller, Listing Brokerage and Co-operating Brokerage shall not be
liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Buyer
shall be conclusively deemed to have accepted Seller’s title to the Property. Seller hereby consents to the municipality or other governmental agencies
releasing to Buyer details of all outstanding work orders and deciency notices affecting the Property, and Seller agrees to execute and deliver such
further authorizations in this regard as Buyer may reasonably require.
11. TITLE: Buyer agrees to accept title to the Property subject to all rights and easements registered against title for the supply and installation of
telecommunication services, electricity, gas, sewers, water, television cable facilities and other related services; provided that title to the Property is
otherwise good and free from all encumbrances except: (a) as herein expressly provided; (b) any registered restrictions, conditions or covenants that
run with the land provided such have been complied with; (c) the provisions of the Condominium Act and its Regulations and the terms, conditions
and provisions of the Declaration, Description and By-laws, Occupancy Standards By-laws, including the Common Element Rules and other Rules and
Regulations; and (d) any existing municipal agreements, zoning by-laws and/or regulations and utilities or service contracts.
12. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property,
and where the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, Chapter
L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that
the exchange of closing funds, nonregistrable documents and other items (the “Requisite Deliveries”) and the release thereof to the Seller and Buyer
will (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the
completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold
same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers. The Seller
and Buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the
Law Society of Ontario. Unless otherwise agreed to by the lawyers, such exchange of Requisite Deliveries shall occur by the delivery of the Requisite
Deliveries of each party to the ofce of the lawyer for the other party or such other location agreeable to both lawyers.
13. STATUS CERTIFICATE AND MANAGEMENT OF CONDOMINIUM: Seller represents and warrants to Buyer that there are no special assessments
contemplated by the Condominium Corporation, and there are no legal actions pending by or against or contemplated by the Condominium
Corporation. The Seller consents to a request by the Buyer or the Buyer’s authorized representative for a Status Certicate from the Condominium
Corporation. Buyer acknowledges that the Condominium Corporation may have entered into a Management Agreement for the management of the
condominium property.
14. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the Property
except such as are in the possession or control of Seller. Seller agrees to deliver to Buyer, if it is possible without incurring any costs in so doing,
copies of all current condominium documentation of the Condominium Corporation, including the Declaration, Description, By-laws, Common Element
Rules and Regulations and the most recent nancial statements of the Condominium Corporation. If a discharge of any Charge/Mortgage held by a
corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire
or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to
accept Seller’s lawyer’s personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same
to be registered, on title within a reasonableperiod of time after completion, provided that on or before completion Seller shall provide to Buyer a
mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared
funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the
discharge out of the balance due on completion.
15. MEETINGS: Seller represents and warrants to Buyer that at the time of the acceptance of this Offer the Seller has not received a notice convening
a special or general meeting of the Condominium Corporation respecting; (a) the termination of the government of the condominium property; (b)
any substantial alteration in or substantial addition to the common elements or the renovation thereof; OR (c) any substantial change in the assets or
liabilities of the Condominium Corporation; and Seller covenants that if Seller receives any such notice prior to the date of completion Seller shall
forthwith notify Buyer in writing and Buyer may thereupon at Buyer’s option declare this Agreement to be null and void and all monies paid by Buyer
shall be refunded without interest or deduction.
INITIALS OF BUYER(S): INITIALS OF SELLER(S):
Included in
30
December
19
Residential Use Only
Form 101 Revised 2020 Page 4 of 7
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
16. INSPECTION: Buyer acknowledges having had the opportunity to inspect the Property and understands that upon acceptance of this offer there shall
be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the opportunity to include a
requirement for a property inspection report in this Agreement and agrees that except as may be specically provided for in
this Agreement, the Buyer will not be obtaining a property inspection or property inspection report regarding the Property.
17. APPROVAL OF THE AGREEMENT: In the event that consent to this sale is required to be given by the Condominium Corporation or the Board of
Directors, the Seller will apply forthwith for the requisite consent, and if such consent is refused, then this Agreement shall be null and void and the
deposit monies paid hereunder shall be refunded without interest or other penalty to the Buyer.
18. INSURANCE: The Unit and all other things being purchased shall be and remain at the risk of the Seller until completion. In the event of substantial
damage to the Property Buyer may at Buyer’s option either permit the proceeds of insurance to be used for repair of such damage in accordance
with the provisions of the Insurance Trust Agreement, or terminate this Agreement and all deposit monies paid by Buyer hereunder shall be refunded
without interest or deduction. If Seller is taking back a Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with
reasonable evidence of adequate insurance to protect Seller’s or other mortgagee’s interest on completion.
19. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Afdavit, be prepared in registrable form at the expense of
Seller, and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer.
20. RESIDENCY: (a) Subject to (b) below, the Seller represents and warrants that the Seller is not and on completion will not be a non-resident under the
non-residency provisions of the Income Tax Act which representation and warranty shall survive and not merge upon the completion of this transaction
and the Seller shall deliver to the Buyer a statutory declaration that Seller is not then a non-resident of Canada; (b) provided that if the Seller is a
non-resident under the non-residency provisions of the Income Tax Act, the Buyer shall be credited towards the Purchase Price with the amount, if any,
necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer’s liability in respect of tax payable by Seller under the non-residency
provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prescribed certicate.
21. ADJUSTMENTS: Common Expenses; realty taxes, including local improvement rates; mortgage interest; rentals; unmetered public or private utilities
and fuel where billed to the Unit and not the Condominium Corporation; are to be apportioned and allowed to the day of completion, the day of
completion itself to be apportioned to the Buyer. There shall be no adjustment for the Seller’s share of any assets or liabilities of the Condominium
Corporation including any reserve or contingency fund to which Seller may have contributed prior to the date of completion.
22. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment
and properties may be re-assessed on an annual basis. The Buyer and Seller agree that no claim will be made against the Buyer or Seller, or any
Brokerage, Broker or Salesperson, for any changes in property tax as a result of a re-assessment of the Property, save and except any property taxes
that accrued prior to the completion of this transaction.
23. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be
extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specically authorized in that regard.
24. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion.
Money shall be tendered with funds drawn on a lawyer’s trust account in the form of a bank draft, certied cheque or wire transfer using the Large
Value Transfer System.
25. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990
unless the spouse of the Seller has executed the consent hereinafter provided.
26. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the Property, Seller has not caused any building on the Property
to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller’s knowledge no building on the Property contains or has
ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the
building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction.
27. LEGAL, ACCOUNTING AND ENVIRONMENTAL ADVICE: The parties acknowledge that any information provided by the brokerage is not
legal, tax or environmental advice.
28. CONSUMER REPORTS: The Buyer is hereby notied that a consumer report containing credit and/or personal information
may be referred to in connection with this transaction.
29. AGREEMENT IN WRITING: If there is conict or discrepancy between any provision added to this Agreement (including any Schedule attached
hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such
conict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There
is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For the purposes of this
Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context.
30. TIME AND DATE: Any reference to a time and date in this Agreement shall mean the time and date where the Property is located.
INITIALS OF BUYER(S): INITIALS OF SELLER(S):
Form 101 Revised 2020
Page 5 of 7
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
31. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the ter
ms herein.
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
............................................................................... .......................................................................... .........................................
(Witness) (Buyer) (Seal) (Date)
............................................................................... ........................................................................... .........................................
(Witness) (Buyer) (Seal) (Date)
I, the Undersigned Seller, agree to the above offer. I hereby irrevocably instruct my lawyer to pay directly to the brokerage(s) with whom I have agreed
to
pay commission, the unpaid balance of the commission together with applicable Harmonized Sales Tax (and any other taxes as may hereafter be
applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the brokerage(s) to my lawyer.
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
............................................................................... ........................................................................... ..........................................
(Witness) (Seller) (Seal) (Date)
............................................................................... ........................................................................... ..........................................
(Witness) (Seller) (Seal) (Date)
SPOUSAL CONSENT:
The undersigned spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family
Law Act, R.S.O.1990, and hereby agrees to execute all necessary or incidental documents to give full force and effect to the sale evidenced herein.
............................................................................... ........................................................................... ..........................................
(Witness) (Spouse) (Seal) (Date)
CONFIRMATION OF ACCEPTANCE:
Notwithstanding anything contained herein to the contrary, I conrm this Agreement with all changes both typed
and written was nally accepted by all parties at .......................................... this ................. day of....................................................., 20...........
(a.m./p.m.)
..................................................................................................
(Signature of Seller or Buyer)
INFORMATION ON BROKERAGE(S)
Listing Brokerage .............................................................................................................
.......... ...........................................................
(Tel.No.)
...............................................................................................................................................................................................................
(Salesperson/Broker/Broker of Record Name)
Co-op/Buyer Brokerage ............................................................................................................. ...........................................................
(Tel.No.)
...............................................................................................................................................................................................................
(Salesperson/Broker/Broker of Record Name)
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of I acknowledge receipt of my signed copy of this a
ccepted Agreement of
Purchase and Sale and I authorize the Brokerage to forward a copy to my lawyer.
Purchase and Sale and I authorize the Brokerage to forward a copy to my lawyer.
.......................................................................... ............................ ........................................................................ ...............................
(Seller) (Date) (Buyer) (Date)
.......................................................................... ............................ ........................................................................ ...............................
(Seller) (Date) (Buyer) (Date)
Address for Service ............................................................................ Address for Service ............................................................................
........................................................ ............................................. ........................................................ .............................................
(Tel. No.) (Tel. No.)
Seller’s Lawyer ................................................................................... Buyer’s Lawyer ...................................................................................
Address
............................................................................................ Address .............................................................................................
Email ................................................................................................ Email ................................................................................................
....................................................... .............................................. ....................................................... ........... ...................................
(Tel. No.)
(Fax. No.) (Tel. No.) (Fax. No.)
Property Manager: ...........................................................................................................................................................................................
(Name) (Address) (T
el No.,FAX No)
FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT
To: Co-operating Brokerage shown on the foregoing Agreement of Purchase and Sale:
In consideration for the Co-operating Brokerage procuring the foregoing Agreement of Purchase and Sale, I hereby declare that all moneys received or receivable by me in
connection with the Transaction as contemplated in the MLS
®
Rules and Regulations of my Real Estate Board shall be receivable and held in trust. This agreement shall constitute
a Commission Trust Agreement as dened in the MLS
®
Rules and shall be subject to and governed by the MLS
®
Rules pertaining to Commission Trust.
DATED as of the date and time of the acceptance of the foregoing Agreement of Purchase and Sale. Acknowledged by:
.......................................................................................................................
.............................................................................................
(Authorized to bind the Listing Brokerage) (Authorized to bind the Co-operating Brokerage)
Lisa Andrews
Royal Lepage Signature Realty, Brokerage
Property.ca Realty Inc Brokerage
4165831660
Andrew Ahmed
Lisa Andrews
Form 101 Revised 2020
Page 6 of 7
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
BUYER: ..............................................................................................................................
....................................................................., and
SELLER: .........................................................................................................................................................................................................
for the purchase and sale of ..............................................................................................................................................................................
........................................................................ dated the ................. day of .............................................................................., 20 ...............
Buyer agrees to pay the balance as follows:
This form must be initialed by all parties to the Agreement of Purchase and Sale.
Schedule A
Agreement of Purchase and Sale –
Condominium Resale
Form 101
for use in the Province of Ontario
INITIALS OF BUYER(S): INITIALS OF SELLER(S):
Lisa Andrews
300 Front St, Unit 3511
Toronto
M5V 0E9
04
May
20
The Buyer agrees to pay the balance of the purchase price, subject to adjustments, to the Seller on completion of this transaction,
with funds drawn on a lawyer's trust account in the form of a bank draft, certified cheque or wire transfer using the Large Value
Transfer System.
The Seller represents and warrants that, with respect to the unit, the Condominium Act, Declaration, Bylaws and Rules of the
Condominium Corporation have been complied with, and that no improvements, additions, alterations or repairs that require the
consent of the Condominium Corporation have been carried out in the said unit, the exclusive use areas or the common elements,
unless the required consent has been obtained from the Condominium Corporation.
The Seller represents and warrants that the chattels and fixtures as included in this Agreement of Purchase and Sale will be in good
working order and free from all liens and encumbrances on completion.
This offer is conditional upon the Buyer's lawyer reviewing the Status Certificate and Attachments and finding the Status
Certificate and Attachments satisfactory in the Buyer's Lawyer's sole and absolute discretion. The Seller agrees to request at the
Seller's expense, the Status Certificate and attachments within 1 day after acceptance of this offer. Unless the buyer gives notice in
writing to the Seller personally or in accordance with any other provisions for the delivery of notice in thisAgreement of Purchase
and Sale or any Schedule thereto not later than 5 p.m. on the First day (excluding Saturdays, Sundays and Statutory Holidays)
following receipt by the buyer of the Status Certificate and attachments, that this condition is fulfilled, this Offer shall be null and
void and the deposit shall be returned to the Buyer in full without deduction. This condition is included for the benefit of the Buyer
and may be waived at the Buyer's sole option by notice in writing to the Seller as aforesaid within the time period stated herein.
This Offer is conditional upon the Buyer arranging, at the Buyer's own expense, a new Mortgage satisfactory to the Buyer in the
Buyer's sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance
with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than 5
p.m. on the Third day (excluding Saturdays, Sundays and Statutory Holidays) of the acceptance of this offer, that this condition is
fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without deduction. This condition is
included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller as aforesaid
within the time period stated herein.
The Seller agrees to leave the Storage Locker and Parking Spot in a clean and broom swept condition.
The Buyer shall have the right to visit the property three further times prior to completion, at a mutually agreed upon time,
provided that written notice is given to the Seller. The Seller agrees to provide access to the property for the purpose of this visit.
Form 101 Revised 2020 Page 7 of 7
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
BUYER: ..................................................................................................................................................................................................., and
SELLER: .........................................................................................................................................................................................................
for the purchase and sale of ..............................................................................................................................................................................
........................................................................ dated the ................. day of .............................................................................., 20 ...............
Buyer agrees to pay the balance as follows:
This form must be initialed by all parties to the Agreement of Purchase and Sale.
Schedule A
Agreement of Purchase and Sale –
Condominium Resale
Form 101
for use in the Province of Ontario
INITIALS OF BUYER(S): INITIALS OF SELLER(S):
Lisa Andrews
300 Front St, Unit 3511
Toronto
M5V 0E9
04
May
20
The SELLER agrees to provide Two (2) copies of the suite entry keys, Two (2) copies of the key fobs, One (1) Mailbox Key, One
(1) garage door opener (if applicable), One (1) locker room key (if applicable) to the BUYER on completion of this transaction. In
the event the aforesaid undertaking is not fulfilled, the SELLER directs their solicitor to withhold the amount of Five Hundred
Dollars ($500) pending rectification of such issue. Provided that in the event the SELLER does not rectify such issue within 5
Business days, the funds shall be released to the BUYER in full as settlement of such issue.
The SELLER represents and warrants to the BUYER that during the time the SELLER owned the property, the SELLER has not
installed in any building on the property Kitec plumbing, any fittings for Kitec plumbing nor any Kitec Plumbing System ("Kitec")
and that to the best of the undersigned's knowledge, no building on the property contains or has ever contained Kitec. This
representation and warranty shall survive and not merge on the completion of the above transaction, and if the building is part of a
multiple unit building, this warranty shall only apply to the part of the building, which is subject to this transaction.
The SELLER agrees to have the premises professionally cleaned at the SELLER's expense, prior to the completion of this
transaction. The SELLER agrees to have the carpets (if any) professionally steam cleaned at the SELLER's expense, prior to the
completion of this transaction. In the event the aforesaid undertaking is not fulfilled, the SELLER agrees to credit the BUYER Two
Hundred and Fifty Dollars ($250) as compensation for settlement of such undertaking.
The parties acknowledge that information provided by a real estate salesperson or broker or real estate brokerage shall not be
construed as expert legal advice, tax advice, advice on zoning changes, engineering advice or environmental advice and the parties
acknowledge that the salesperson or broker and the brokerage have advised that the parties seek independent professional advice on
any of the above matters and concerns.
The parties hereto consent and agree to the use of electronic signature pursuant to the Electronic Commerce Act 2000, S.O. 2000,
c17 as amended from time to time with respect to this Agreement and any other documents respecting this transaction.
Form 320 Revised 2019 Page 1 of 2
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
INITIALS OF BUYER(S)/SELLER(S)/BROKERAGE REPRESENTATIVE(S) (Where applicable)
BUYER CO-OPERATING/BUYER BROKERAGE SELLER LISTING BROKERAGE
Conrmation of Co-operation
and Representation
Form 320
for use in the Province of Ontario
BUYER: ..........................................................................................................................................................................................................
SELLER: ..........................................................................................................................................................................................................
For the transaction on the property known as: ........................................................................................................................................................
DEFINITIONS AND INTERPRETATIONS: For the purposes of this Conrmation of Co-operation and Representation:
“Seller” includes a vendor, a landlord, lessor, or a prospective, seller, vendor, landlord or lessor and “Buyer” includes a purchaser, a tenant, lessee or
a prospective, buyer, purchaser, tenant or lessee and “sale“ includes a lease, and “Agreement of Purchase and Sale” includes an Agreement to Lease.
Commission shall be deemed to include other remuneration.
The following information is conrmed by the undersigned salesperson/broker representatives of the Brokerage(s). If a Co-operating Brokerage is involved
in the transaction, the brokerages agree to co-operate, in consideration of, and on the terms and conditions as set out below.
DECLARATION OF INSURANCE: The undersigned salesperson/broker representative(s) of the Brokerage(s) hereby declare that he/she is insured as
required by the Real Estate and Business Brokers Act, 2002, (REBBA).
1. LISTING BROKERAGE
a)
The Listing Brokerage represents the interests of the Seller in this transaction. It is further understood and agreed that:
1)
The Listing Brokerage is not representing or providing Customer Service to the Buyer.
(If the Buyer is working with a Co-operating Brokerage, Section 3 is to be completed by Co-operating Brokerage)
2)
The Listing Brokerage is providing Customer Service to the Buyer.
b)
MULTIPLE REPRESENTATION: The Listing Brokerage has entered into a Buyer Representation Agreement with the Buyer and
represents the interests of the Seller and the Buyer, with their consent, for this transaction. The Listing Brokerage must be impartial and
equally protect the interests of the Seller and the Buyer in this transaction. The Listing Brokerage has a duty of full disclosure to both
the Seller and the Buyer, including a requirement to disclose all factual information about the property known to the Listing Brokerage.
However, the Listing Brokerage shall not disclose:
• That the Seller may or will accept less than the listed price, unless otherwise instructed in writing by the Seller;
• That the Buyer may or will pay more than the offered price, unless otherwise instructed in writing by the Buyer;
• The motivation of or personal information about the Seller or Buyer, unless otherwise instructed in writing by the party to which the
information applies, or unless failure to disclose would constitute fraudulent, unlawful or unethical practice;
• The price the Buyer should offer or the price the Seller should accept;
• And; the Listing Brokerage shall not disclose to the Buyer the terms of any other offer.
However, it is understood that factual market information about comparable properties and information known to the Listing Brokerage
concerning potential uses for the property will be disclosed to both Seller and Buyer to assist them to come to their own conclusions.
Additional comments and/or disclosures by Listing Brokerage: (e.g. The Listing Brokerage represents more than one Buyer offering on this property.)
2. PROPERTY SOLD BY BUYER BROKERAGE – PROPERTY NOT LISTED
The Brokerage ............................represent the Buyer and the property is not listed with any real estate brokerage. The Brokerage will be paid
(does/does not)
by the Seller in accordance with a Seller Customer Service Agreement
or:
by the Buyer directly
Additional comments and/or disclosures by Buyer Brokerage: (e.g. The Buyer Brokerage represents more than one Buyer offering on this property.)
Lisa Andrews
300 Front St, Unit 3511
Toronto
M5V 0E9
✔
✔
Form 320 Revised 2019 Page 2 of 2
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
3. Co-operating Brokerage completes Section 3 and Listing Brokerage completes Section 1.
CO-OPERATING BROKERAGE- REPRESENTATION:
a)
The Co-operating Brokerage represents the interests of the Buyer in this transaction.
b)
The Co-operating Brokerage is providing Customer Service to the Buyer in this transaction.
c)
The Co-operating Brokerage is not representing the Buyer and has not entered into an agreement to provide customer service(s) to the Buyer.
CO-OPERATING BROKERAGE- COMMISSION:
a)
The Listing Brokerage will pay the Co-operating Brokerage the commission as indicated in the MLS® information for the property
……………………………………………................................... to be paid from the amount paid by the Seller to the Listing Brokerage.
(Commission As Indicated In MLS
®
Information)
b)
The Co-operating Brokerage will be paid as follows:
Additional comments and/or disclosures by Co-operating Brokerage: (e.g., The Co-operating Brokerage represents more than one Buyer offering on this
property.)
Commission will be payable as described above, plus applicable taxes.
COMMISSION TRUST AGREEMENT: If the above Co-operating Brokerage is receiving payment of commission from the Listing Brokerage, then the
agreement between Listing Brokerage and Co-operating Brokerage further includes a Commission Trust Agreement, the consideration for which is the
Co-operating Brokerage procuring an offer for a trade of the property, acceptable to the Seller. This Commission Trust Agreement shall be subject to and
governed by the MLS
®
rules and regulations pertaining to commission trusts of the Listing Brokerage’s local real estate board, if the local board’s MLS
®
rules and regulations so provide. Otherwise, the provisions of the OREA recommended MLS
®
rules and regulations shall apply to this Commission Trust
Agreement. For the purpose of this Commission Trust Agreement, the Commission Trust Amount shall be the amount noted in Section 3 above. The Listing
Brokerage hereby declares that all monies received in connection with the trade shall constitute a Commission Trust and shall be held, in trust, for the
Co-operating Brokerage under the terms of the applicable MLS
®
rules and regulations.
SIGNED BY THE BROKER/SALESPERSON REPRESENTATIVE(S) OF THE BROKERAGE(S) (Where applicable)
........................................................................................................
(Name of Co-operating/Buyer Brokerage)
........................................................................................................
Tel:. ......................................... Fax: ................................................
..................................................................... ................................
(Authorized to bind the Co-operating/Buyer Brokerage) (Date)
........................................................................................................
(Print Name of Salesperson/Broker/Broker of Record)
........................................................................................................
(Name of Listing Brokerage)
........................................................................................................
Tel:. ......................................... Fax: ................................................
..................................................................... ................................
(Authorized to bind the Listing Brokerage) (Date)
........................................................................................................
(Print Name of Salesperson/Broker/Broker of Record)
CONSENT FOR MULTIPLE REPRESENTATION (To be completed only if the Brokerage represents more than one client for the transaction)
The Buyer/Seller consent with their initials to their Brokerage
representing more than one client for this transaction.
BUYER’S INITIALS SELLER’S INITIALS
ACKNOWLEDGEMENT
I have received, read, and understand the above information.
......................................................... ................................................ ................................................... .......................................
(Signature of Buyer) (Date) (Signature of Seller) (Date)
......................................................... ................................................ ................................................... .......................................
(Signature of Buyer) (Date) (Signature of Seller) (Date)
✔
✔
Property.ca Realty Inc Brokerage
36 Distillery Lane Suite 500
Toronto
4165831660
4165831660
Andrew Ahmed
Royal Lepage Signature Realty
Lisa Andrews
Form 127 Revised 2019 Page 1 of 1
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
This Acknowledgement Made By:
BUYER: ..........................................................................................................................................................................................................
TO:
BROKERAGE: ................................................................................................................................................................................................
FOR THE PURCHASE OF:
ADDRESS: ......................................................................................................................................................................................................
SELLER: ..........................................................................................................................................................................................................
The Buyer hereby acknowledges, with respect to conditions, that the Buyer:
will not be including a condition in the Buyer’s offer for the above described property
(Initials of Buyer(s))
will be waiving the condition in the Buyer’s offer for the above described property, that has not been satised or achieved
(Initials of Buyer(s))
Pertaining To:
the nancing of the above described property
(Initials of Buyer(s))
the sale of the Buyer’s property known as ..................................................................................................
(Initials of Buyer(s))
the arranging of insurance on the building
(Initials of Buyer(s))
the obtaining of a home inspection report
(Initials of Buyer(s))
Other: ..................................................................................................................................................
(Initials of Buyer(s)) ............................................................................................................................................................
I acknowledge it has been recommended that I obtain independent legal advice prior to signing the offer/waiver.
I acknowledge that, prior to signing the offer/waiver, I understand the factors to consider and the risks involved in not including the condition(s)/waiving the
condition(s) in my offer. I take full responsibility for making the decision not to include the condition(s)/to waive the condition(s) in my offer. I understand that I
am committed to take whatever steps are necessary to complete the transaction, and I may be liable if the Agreement of Purchase and Sale is not completed.
Additional Information: ......................................................................................................................................................................................
.......................................................................................................................................................................................................................
I further acknowledge that upon acceptance of the offer or delivery of the waiver of condition(s), I have entered into a binding Agreement of Purchase and
Sale with the Seller.
I acknowledge having received a copy of this Condition(s) In Offer - Buyer Acknowledgment.
.......................................................................................................................................................... ..........................................................
(Signature of Buyer) (Date)
.......................................................................................................................................................... ..........................................................
(Signature of Buyer) (Date)
Condition(s) In Offer -
Buyer Acknowledgement
Form 127
for use in the Province of Ontario
Lisa Andrews
Property.ca Realty Inc Brokerage
300 Front St, Unit 3511
Toronto
M5V 0E9
Lawyers Review of Status Certificate
Lisa Andrews
Form 801 Revised 2019 Page 1 of 1
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
Offer Summary Document
For use with Agreement of Purchase and Sale
Form 801
for use in the Province of Ontario
For Brokerage submitting the offer on behalf of the Buyer:
When sent to the Listing Brokerage this form can be used as evidence that you have a written signed offer from a Buyer to the Seller.
REAL PROPERTY ADDRESS: ………….......................................…………………………………………………………………..…………. (the “property”)
(municipal address and/or legal description)
for an Agreement of Purchase and Sale dated: the ................ day of ........................................................................ , 20............... (“offer”)
This offer was submitted by: BROKERAGE: ..........................................................................................................................................................
SALES REPRESENTATIVE/BROKER: ...............................................................................................................................................................
I/We, ........................................................................................................................................................., have signed an offer for the property.
Name of Buyer(s)
................................................................... .................................... ................................................................... ....................................
(Signature of Buyer) (Date) (Signature of Buyer) (Date)
This offer was submitted, ...................................................................... to the Listing Brokerage at .......................... on the ........................ day of
(by fax, by email or in person) (a.m./p.m.)
............................................., 20............ Irrevocable until ....................... on the ................ day of .............................................., 20.............
(a.m./p.m.)
(For Buyer counter offer - complete the following)
I/We, ........................................................................................................................................................., have signed an offer for the property.
Name of Buyer(s)
................................................................... .................................... ................................................................... ....................................
(Signature of Buyer) (Date) (Signature of Buyer) (Date)
An offer was submitted, ....................................................................... to the Listing Brokerage at ............................ on the ....................... day of
(by fax, by email or in person) (a.m./p.m.)
............................................., 20............ Irrevocable until ....................... on the ................ day of .............................................., 20.............
(a.m./p.m.)
For Listing Brokerage receiving the offer:
SELLER(S): ......................................................................................................................................................................................................
SELLER(S) CONTACT: .....................................................................................................................................................................................
(ie. phone / email / fax)
LISTING BROKERAGE: ..................................................................................................................................................................................
SALES REPRESENTATIVE/BROKER: ...............................................................................................................................................................
This offer was received, ....................................... by the Listing Brokerage at ...................... on the ........... day of ....................................., 20......
(by fax, by email or in person) (a.m./p.m.)
This offer was presented, ........................................... to the Seller(s) at ...................... on the ............... day of ....................................., 20........
(by fax, by email or in person) (a.m./p.m.)
Offer was: Accepted Signed Back/Countered Expired/Declined
Comments: ...................................................................................................................................................................................................
300 Front St, Unit 3511
Toronto
M5V 0E9
04
May
20
Property.ca Realty Inc Brokerage
Andrew Ahmed
Lisa Andrews
by email
Lisa Andrews
Royal Lepage Signature Realty
Form 810 Revised 2019 Page 1 of 1
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
Working with a REALTOR
®
Form 810
for use in the Province of Ontario
The REALTOR® Consumer Relationship
In Ontario, the real estate profession is governed by the Real Estate and
Business Brokers Act, 2002, and Associated Regulations (REBBA 2002 or
Act), administered by the Real Estate Council of Ontario (RECO). All Ontario
REALTORS
®
are registered under the Act and governed by its provisions. REBBA
2002 is consumer protection legislation, regulating the conduct of real estate
brokerages and their salespeople/brokers. The Act provides consumer protection
in the form of deposit insurance and requires every salesperson/broker to carry
errors & omission (E&O) insurance.
When you choose to use the services of a REALTOR
®
, it is important to understand
that this individual works on behalf of a real estate brokerage, usually a
company. The brokerage is operated by a Broker of Record, who has the ultimate
responsibility for the employees registered with the brokerage. When you sign
a contract, it is with the brokerage, not with the salesperson/broker employee.
The Act also requires that the brokerage (usually through its REALTORS
®
) explain
the types of service alternatives available to consumers and the services the
brokerage will be providing. The brokerage must document the relationship being
created between the brokerage and the consumer, and submit it to the consumer
for his/her approval and signature. The most common relationships are “client”
and “customer”, but other options may be available in the marketplace.
Client
A “client” relationship creates the highest form of obligation for a REALTOR
®
to a consumer. The brokerage and its salespeople/brokers have a duciary
(legal) relationship with the client and represent the interests of the client in a
real estate transaction. The REALTOR
®
will establish this relationship with the use
of a representation agreement, called a Listing Agreement with the seller and
a Buyer Representation Agreement with the buyer. The agreement contains an
explanation of the services the brokerage will be providing, the fee arrangement
for those services, the obligations the client will have under the agreement, and
the expiry date of the agreement. Ensure that you have read and fully understand
any such agreement before you sign the document.
Once a brokerage and a consumer enter into a client relationship, the brokerage
must protect the interests of the client and do what is best for the client. A
brokerage must strive for the benet of the client and must not disclose a client’s
condential information to others. Under the Act, the brokerage must also make
reasonable efforts to determine any material facts relating to the transaction
that would be of interest to the client and must inform the client of those facts.
Although they are representing the interests of their client, they must still treat all
parties to the transaction with fairness, honesty, and integrity.
Customer
A buyer or seller may not wish to be under contract as a client with the
brokerage but would rather be treated as a customer. A REALTOR
®
is obligated
to treat every person in a real estate transaction with honesty, fairness, and
integrity, but unlike a client, provides a customer with a restricted level of
service. Services provided to a customer may include showing the property or
properties, taking customer direction to draft an offer and present the customer
offer etc. Brokerages use a Customer Service Agreement to document the
services they are providing to a buyer or seller customer.
Under the Act, the REALTOR
®
has disclosure obligations to a customer and must
disclose material facts known to the brokerage that relate to the transaction.
What Happens When...
Buyer(s) and the seller(s) are sometimes under contract with the same brokerage
when properties are being shown or an offer is being contemplated. There can
also be instances when there is more than one offer on a property and more
than one buyer and seller are under a representation agreement with the same
brokerage. This situation is referred to as multiple representation. Under the
Act, the REALTORS
®
and their brokerage must make sure all buyers, sellers,
and their REALTORS
®
conrm in writing that they acknowledge, understand,
and consent to the situation before their offer is made. REALTORS
®
typically
use what is called a Conrmation of Co-operation and Representation form to
document this situation.
Offer negotiations may become stressful, so if you have any questions when
reference is made to multiple representation or multiple offers, please ask your
REALTOR
®
for an explanation.
Critical Information
REALTORS
®
are obligated to disclose facts that may affect a buying or selling
decision. It may be difcult for a REALTOR
®
to judge what facts are important.
They also may not be in a position to know a fact. You should communicate to
your REALTOR
®
what information and facts about a property are important to
you in making a buying or selling decision, and document this information to
avoid any misunderstandings and/or unpleasant surprises.
Similarly, services that are important to you and are to be performed by the
brokerage, or promises that have been made to you, should be documented in
your contract with the brokerage and its salesperson/broker.
To ensure the best possible real estate experience, make sure all your questions
are answered by your REALTOR
®
. You should read and understand every
contract before you nalize it.
Acknowledgement by: ................................................................................................................................................................................
(Names)
I/we have read, understand, and have received a copy of Working with a REALTOR
®
Please note that Federal legislation requires REALTORS
®
to verify the identity of sellers and buyers with whom they are working.
For the purposes of this information, the term “seller” can be interpreted as “landlord” and “buyer” can mean “tenant.” This form is for information only and is not a contract.
Sellers: As seller(s), I/we understand that
(Name of Brokerage)
(initial one)
Is representing my interests, to be documented in a
separate written agency representation agreement, and I
understand the brokerage may represent and/or provide
customer service to other sellers and buyers.
Is not representing my interests, to be documented in a
separate written customer service agreement, but will act
in a fair, ethical and professional manner.
(Signature) (Date)
(Signature) (Date)
Buyers: As buyer(s), I/we understand that
(Name of Brokerage)
(initial one)
Is representing my interests, to be documented in a
separate written agency representation agreement, and I
understand the brokerage may represent and/or provide
customer service to other buyers and sellers.
Is not representing my interests, to be documented in a
separate written customer service agreement, but will act
in a fair, ethical and professional manner.
(Signature) (Date)
(Signature) (Date)
Lisa Andrews
Property.ca Realty Inc Brokerage
Form 300 Revised 2020 Page 1 of 3
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
This is an Exclusive Buyer Representation Agreement Authority for Purchase or Lease
BETWEEN:
BROKERAGE: ....................................................................................................................................................................... (the “Brokerage”),
ADDRESS: ......................................................................................................................................................................................................
........................................................................................................ Tel. No. ......................................... Fax. No. ..........................................
AND
BUYER: ......................................................................................................................................................................................, (the “Buyer”),
ADDRESS: ......................................................................................................................................................................................................
Street Number Street Name
MUNICIPALITY: ............................................................................................................ POSTAL CODE: ........................................................
The Buyer hereby gives the Brokerage the exclusive and irrevocable authority to act as the Buyer’s agent
commencing at ................................ on the ........................... day of ..................................................................................... , 20....................,
(a.m./p.m.)
and expiring at 11:59 p.m. on the .......................... day of ......................................................................................, 20...................(Expiry Date),
Buyer acknowledges that the time period for this Agreement is negotiable between the Buyer and the Brokerage, however, in
accordance with the Real Estate and Business Brokers Act, 2002, (REBBA) if the time period for this Agreement exceeds six
months, the Brokerage must obtain the Buyer’s initials.
for the purpose of locating a real property meeting the following general description:
Property Type (Use): ..........................................................................................................................................................................................
.......................................................................................................................................................................................................................
Geographic Location: ........................................................................................................................................................................................
.......................................................................................................................................................................................................................
The Buyer hereby warrants that the Buyer is not a party to a representation agreement with any other registered real estate
brokerage for the purchase or lease of a real property of the general description indicated above.
1. DEFINITIONS AND INTERPRETATIONS: For the purposes of this Agreement (“Authority” or “Agreement”):
“Buyer” includes purchaser, tenant and lessee, a “seller” includes a vendor, landlord and lessor or a prospective seller, vendor, landlord and lessor
and a “real estate board” includes a real estate association. A purchase shall be deemed to include the entering into of any agreement to exchange,
or the obtaining of an option to purchase which is subsequently exercised, and a lease includes any rental agreement, sub-lease or renewal of a lease.
Commission shall be deemed to include other remuneration. This Agreement shall be read with all changes of gender or number required by the
context. For purposes of this Agreement, Buyer shall be deemed to include any spouse, heirs, executors, administrators, successors, assigns, related
corporations and afliated corporations. Related corporations or afliated corporations shall include any corporation where one half or a majority of
the shareholders, directors or ofcers of the related or afliated corporation are the same person(s) as the shareholders, directors, or ofcers of the
corporation introduced to or shown the property.
2. COMMISSION: In consideration of the Brokerage undertaking to assist the Buyer, the Buyer agrees to pay commission to the Brokerage as follows:
If, during the currency of this Agreement, the Buyer enters into an agreement to purchase or lease a real property of the general description indicated
above, the Buyer agrees the Brokerage is entitled to receive and retain any commission offered by a listing brokerage or by the seller. The Buyer
understands that the amount of commission offered by a listing brokerage or by the seller may be greater or less than the commission stated below.
The Buyer understands that the Brokerage will inform the Buyer of the amount of commission to be paid to the Brokerage by the listing brokerage or
the seller at the earliest practical opportunity. The Buyer acknowledges that the payment of any commission by the listing brokerage or the seller will
not make the Brokerage either the agent or sub-agent of the listing brokerage or the seller.
Buyer Representation Agreement
Authority for Purchase or Lease
Form 300
for use in the Province of Ontario
{
{
INITIALS OF BROKERAGE: INITIALS OF BUYER(S):
(Buyer’s Initials)
(Buyer’s Initials)
Property.ca Realty Inc Brokerage
36 Distillery Lane Suite 500
Toronto
M5V0P3
4165831660
4165831660
Lisa Andrews
Residential Use Only
City of Toronto
Form 300 Revised 2020 Page 2 of 3
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
INITIALS OF BROKERAGE: INITIALS OF BUYER(S):
If, during the currency of this Agreement, the Buyer enters into an agreement to purchase any property of the general description indicated above,
the Buyer agrees that the Brokerage is entitled to be paid a commission of ................................................... % of the sale price of the property
or ...........................................................................................................................................................................................................
or for a lease, a commission of ...................................................................................................................................................................
The Buyer agrees to pay directly to the Brokerage any deciency between this amount and the amount, if any, to be paid to the Brokerage by a listing
brokerage or by the seller. The Buyer understands that if the Brokerage is not to be paid any commission by a listing brokerage or by the seller, the
Buyer will pay the Brokerage the full amount of commission indicated above.
The Buyer agrees to pay the Brokerage such commission if the Buyer enters into an agreement within ................................ days after the expiration
of this Agreement (Holdover Period) to purchase or lease any real property shown or introduced to the Buyer from any source whatsoever during the
term of this Agreement, provided, however, that if the Buyer enters into a new buyer representation agreement with another registered real estate
brokerage after the expiration of this Agreement, the Buyer’s liability to pay commission to the Brokerage shall be reduced by the amount paid to the
other brokerage under the new agreement.
The Buyer agrees to pay such commission as described above even if a transaction contemplated by an agreement to purchase or lease agreed to
or accepted by the Buyer or anyone on the Buyer’s behalf is not completed, if such non-completion is owing or attributable to the Buyers default or
neglect. Said commission, plus any applicable taxes, shall be payable on the date set for completion of the purchase of the property or, in the case
of a lease or tenancy, the earlier of the date of occupancy by the tenant or the date set for commencement of the lease or tenancy. All amounts set out
as commission are to be paid plus applicable taxes on such commission.
This Agreement applies for the purchase or lease of one real property. Notwithstanding the foregoing, in the event that the Buyer leases a property,
this agreement remains in force as set out herein for the purchase of the leased property or a property of the general description indicated above. The
leasing of a property by the Buyer does not terminate this Agreement with respect to the purchase of a property.
3. REPRESENTATION: The Buyer acknowledges that the Brokerage has provided the Buyer with written information explaining agency relationships,
including information on Seller Representation, Sub-Agency, Buyer Representation, Multiple Representation and Customer Service. The Brokerage shall
assist the Buyer in locating a real property of the general description indicated above and shall represent the Buyer in an endeavour to procure the
acceptance of an agreement to purchase or lease such a property.
The Buyer acknowledges that the Buyer may not be shown or offered all properties that may be of interest to the Buyer. The Buyer hereby agrees that the
terms of any buyer’s offer or agreement to purchase or lease the property will not be disclosed to any other buyer. The Buyer further acknowledges that the
Brokerage may be entering into buyer representation agreements with other buyers who may be interested in the same or similar properties that the Buyer
may be interested in buying or leasing and the Buyer hereby consents to the Brokerage entering into buyer representation agreements with other buyers
who may be interested in the same or similar properties without any claim by the Buyer of conict of interest. The Buyer hereby appoints the Brokerage
as agent for the purpose of giving and receiving notices pursuant to any offer or agreement to purchase or lease a property negotiated by the Brokerage.
MULTIPLE REPRESENTATION: The Buyer hereby acknowledges that the Brokerage may be entering into listing agreements with sellers of properties
the Buyer may be interested in buying or leasing. In the event that the Brokerage has entered into or enters into a listing agreement with the seller of
a property the Buyer may be interested in buying or leasing, the Brokerage will obtain the Buyer’s written consent to represent both the Buyer and the
seller for the transaction at the earliest practicable opportunity and in all cases prior to any offer to purchase or lease being submitted or presented.
The Buyer understands and acknowledges that the Brokerage must be impartial when representing both the Buyer and the seller and equally protect
the interests of the Buyer and the seller in the transaction. The Buyer understands and acknowledges that when representing both the Buyer and the
seller, the Brokerage shall have a duty of full disclosure to both the Buyer and the seller, including a requirement to disclose all factual information
about the property known to the Brokerage.
However, The Buyer further understands and acknowledges that the Brokerage shall not disclose:
• that the seller may or will accept less than the listed price, unless otherwise instructed in writing by the seller;
• that the Buyer may or will pay more than the offered price, unless otherwise instructed in writing by the Buyer;
• the motivation of or personal information about the Buyer or seller, unless otherwise instructed in writing by the party to which the information
applies or unless failure to disclose would constitute fraudulent, unlawful or unethical practice;
• the price the Buyer should offer or the price the seller should accept; and
• the Brokerage shall not disclose to the Buyer the terms of any other offer.
However, it is understood that factual market information about comparable properties and information known to the Brokerage concerning potential
uses for the property will be disclosed to both Buyer and seller to assist them to come to their own conclusions.
Where a Brokerage represents both the Seller and the Buyer (multiple representation), the Brokerage shall not be entitled or authorized to be agent
for either the Buyer or the Seller for the purpose of giving and receiving notices.
MULTIPLE REPRESENTATION AND CUSTOMER SERVICE: The Buyer understands and agrees that the Brokerage also provides representation
and customer service to other buyers and sellers. If the Brokerage represents or provides customer service to more than one seller or buyer for the
same trade, the Brokerage shall, in writing, at the earliest practicable opportunity and before any offer is made, inform all sellers and buyers of the
nature of the Brokerage’s relationship to each seller and buyer.
4. REFERRAL OF PROPERTIES: The Buyer agrees that during the currency of this Buyer Representation Agreement the Buyer will act in good faith
and work exclusively with the Brokerage for the purchase or lease of a real property of the general description indicated above. The Buyer agrees
that, during the currency of this Agreement, the Buyer shall advise the Brokerage immediately of any property of interest to the Buyer that came to the
Buyer’s attention from any source whatsoever, and all offers to purchase or lease submitted by the Buyer shall be submitted through the Brokerage
to the seller. If the Buyer arranges a valid agreement to purchase or lease any property of the general description indicated above that came to the
attention of the Buyer during the currency of this Agreement and the Buyer arranges said agreement during the currency of this Agreement or within
the Holdover Period after expiration of this Agreement, the Buyer agrees to pay the Brokerage the amount of commission set out above in Paragraph
2 of this Agreement, payable within (5) days following the Brokerage’s written demand therefor.
2.5
Half Months Rent
60
Form 300 Revised 2020 Page 3 of 3
The trademarks REALTOR®, REALTORS®, MLS®, Multiple Listing Services® and associated logos are owned or controlled by
The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
5. INDEMNIFICATION: The Brokerage and representatives of the Brokerage are trained in dealing in real estate but are not qualied in determining
the physical condition of the land or any improvements thereon. The Buyer agrees that the Brokerage and representatives of the Brokerage will not be
liable for any defects, whether latent or patent, to the land or improvements thereon. All information supplied by the seller or landlord or the listing
brokerage may not have been veried and is not warranted by the Brokerage as being accurate and will be relied on by the Buyer at the Buyer’s own
risk. The Buyer acknowledges having been advised to make their own enquiries to conrm the condition of the property.
6. FINDERS FEE: The Buyer acknowledges that the Brokerage may be receiving a nder’s fee, reward and/or referral incentive, and the Buyer consents
to any such benet being received and retained by the Brokerage in addition to the commission as described above.
7. CONSUMER REPORTS: The Buyer is hereby notied that a Consumer Report containing credit and/or personal information may be referred to in
connection with this Agreement and any subsequent transaction.
8. USE AND DISTRIBUTION OF INFORMATION: The Buyer consents to the collection, use and disclosure of personal information by the Brokerage
for such purposes that relate to the real estate services provided by the Brokerage to the Buyer including, but not limited to: locating, assessing and
qualifying properties for the Buyer; advertising on behalf of the Buyer; providing information as needed to third parties retained by the Buyer to assist
in a transaction (e.g. nancial institutions, building inspectors, etc...); and such other use of the Buyer’s information as is consistent with the services
provided by the Brokerage in connection with the purchase or prospective purchase of the property.
The Buyer agrees that the sale and related information regarding any property purchased by the Buyer through the Brokerage may be retained and
disclosed by the Brokerage and/or real estate board(s) (if the property is an MLS® Listing) for reporting, appraisal and statistical purposes and for
such other use of the information as the Brokerage and/or board deems appropriate in connection with the listing, marketing and selling of real estate,
including conducting comparative market analyses.
The Buyer acknowledges that the information, personal or otherwise (“information”), provided to the real estate board or association may be stored on
databases located outside of Canada, in which case the information would be subject to the laws of the jurisdiction in which the information is located.
9. CONFLICT OR DISCREPANCY: If there is any conict or discrepancy between any provision added to this Agreement and any provision in the
standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conict or discrepancy. This
Agreement, including any provisions added to this Agreement, shall constitute the entire Agreement between the Buyer and the Brokerage. There is
no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein.
10. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms of this Agreement.
11. ELECTRONIC COMMUNICATION: This Agreement and any agreements, notices or other communications contemplated thereby may be transmitted
by means of electronic systems, in which case signatures shall be deemed to be original. The transmission of this Agreement by the Buyer by electronic
means shall be deemed to conrm the Buyer has retained a true copy of the Agreement.
12. ELECTRONIC SIGNATURES: If this Agreement has been signed with an electronic signature the parties hereto consent and agree to the use of such
electronic signature with respect to this Agreement pursuant to the Electronic Commerce Act, 2000, S.O. 2000, c17 as amended from time to time.
13. SCHEDULE(S):.......................................................................................................................... attached hereto form(s) part of this Agreement.
THE BROKERAGE AGREES TO REPRESENT THE BUYER IN LOCATING A REAL PROPERTY OF THE GENERAL DESCRIPTION INDICATED ABOVE IN AN
ENDEAVOUR TO OBTAIN THE ACCEPTANCE OF AN AGREEMENT TO PURCHASE OR LEASE A PROPERTY ON TERMS SATISFACTORY TO THE BUYER.
........................................................................................ ............................................ .....................................................................
(Authorized to bind the Brokerage) (Date) (Name of Person Signing)
THIS AGREEMENT HAS BEEN READ AND FULLY UNDERSTOOD BY ME, I ACCEPT THE TERMS OF THIS AGREEMENT AND I ACKNOWLEDGE ON THIS DATE I
HAVE SIGNED UNDER SEAL. Any representations contained herein are true to the best of my knowledge, information and belief.
SIGNED, SEALED AND DELIVERED I have hereunto set my hand and seal:
.............................................................................................. ........................................... ...............................................................
(Signature of Buyer) (Seal) (Date) (Tel. No.)
.............................................................................................. ........................................... ...............................................................
(Signature of Buyer) (Seal) (Date) (Tel. No.)
DECLARATION OF INSURANCE
The Salesperson/Broker/Broker of Record ...................................................................................................................................................
(Name of Salesperson/Broker/Broker of Record)
hereby declares that he/she is insured as required by REBBA.
.............................................................................................................................................................................
(Signature(s) of Salesperson/Broker/Broker of Record)
ACKNOWLEDGEMENT
The Buyer(s) hereby acknowledge that the Buyer(s) fully understand the terms of this Agreement and have received a copy of this Agreement
on the ……................................. day of ………..................………...........................….…………...................…………, 20 …...........................………...
................................................................................................................................................... ..................................................................
(Signature of Buyer) (Date)
................................................................................................................................................... ..................................................................
(Signature of Buyer) (Date)
Andrew Ahmed
Lisa Andrews
Andrew Ahmed
04
May
20
Lisa Andrews
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C4752416 Ontario Condo Purchase Agreement 1588609669 (City of Oakland)

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Completed 20 July 2020

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