What
does an offer to purchase usually include?
In
Alberta, most offers to purchase are contained in a standard form
prepared by the local real estate board. At a minimum, these forms
will cover the following information:
- the
parties, that is the names of the vendor (seller) and purchaser
(buyer)
- the
legal and municipal title of the property
- the
purchase price, including the deposit and information about whether
an existing mortgage on the property will be taken over by the
purchaser or whether the purchaser will obtain a new mortgage,
the payment of the outstanding balance between the deposit, the
mortgage funding and the total price
- interest
on any outstanding balances
- conditions
(subject to's), such as the right to have the agreement looked
at by the parties' lawyers, obtaining financing, satisfactory
building inspection, etc.
- any
items that are to be included in the purchase price such as drapes,
appliances, rugs, mirrors and so on
- any
information about the state of repair of the property or warranties
about land use, and bylaws or, as the case may be, a statement
that no warranties about the property are made
- time
requirements, such as the amount of time the vendor will have
to accept the offer; for the transfer of actual possession; and
the date for adjustments to such things as the municipal tax account
- insurance
requirements; who is responsible for insuring the property, for
what time periods and for how much
- information
about how to deal with default if one of the parties tries to
back out of the deal
- payment
of the real estate commission
- payment
of GST and other taxes
- places
for the signatures of the vendor and purchaser, their witnesses
and the real estate agent
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
March
2000 |