A Master Forms Residential Index
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AREA Agency Disclosure Forms Jan 22, 2004
Customer Status Disclosure
Jan 22, 2004
Informed Dual Agency Sale
Jan 22, 2004
Referral Disclosure (Jan 2004)
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AREA Brokerage Forms Jan 22, 2004
Buyer Brokerage Amendment
Jan 22, 2004
Buyer Brokerage Contract
Jan 22, 2004
Buyer Brokerage Termination
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AREA Residential Contracts Jan 21, 2004
Addendum Purchase Contract
Jan 21, 2004
Amendment Addendum Form
Jan 21, 2004
Amendment Agreement Extension
Jan 21, 2004
Ammendment Purchase Contract
Jan 21, 2004
Commission Agreement
Jan 21, 2004
Condo Property Schedule
Jan 21, 2004
Condominium Appendix
Jan 21, 2004
Dower Schedule
Jan 21, 2004
Financing Schedule
Jan 21, 2004
Listing Contract Appendix
Jan 21, 2004
Listing Termination Agreement
Jan 21, 2004
Notice
Jan 21, 2004
Property Inspection Schedule
Jan 21, 2004
Property Schedule
Jan 21, 2004
Residential Listing Contract
Jan 21, 2004
Residential Purchase Contract
Jan 21, 2004
Sale Buyer Home
Jan 21, 2004
Seller Buyer Notice
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Forms Nov 1, 2002
Agent Disclosure Form
Nov 1, 2002
Alberta New Home Warranty Program Appendix A
Nov 1, 2002
Alberta New Home Warranty Program Appendix A - Schedule A
Nov 1, 2002
Alberta New Home Warranty Program Appendix A - Schedule B
Nov 1, 2002
Alberta New Home Warranty Program Appendix A - Schedule C
Dec 1, 2002
Alberta New Home Warranty Program Appendix B - Addendum
Dec 1, 2002
Alberta New Home Warranty Program Appendix C AREA Credential Form for Alberta Crown Land - Residential
Jun 1, 2002
Broker / Agent Buying On Own Behlaf
Sep 1, 2000
Builder / Realtor Registration Form
Nov 1, 2002
Condominium Sellers Property Disclosure Statement
Aug 1, 2001
Corporate Relocation Buyer / Seller Disclosure
Sep 26, 2003
CREN Ad Form
Mar 1, 2003
MLS Preview Form & Background
Jun 1, 2002
Mortgage Verification
Jan 1, 2003
New Home Schedule
Dec 1, 2001
Non Disclosure of Buyer / Seller Name
Sep 25, 2003 Dec 1, 2001 Jan 14, 2004
Real Estate Listing Contract Extension / Amendment Agreement Residential Listing Input Form Revised Supra Keyholders Lease Agreement
Jan 8, 2004
Supra Key Exchange
Jan 8, 2004
Supra Letter of Authenticity for 3rd Party Pickup
Sep 25, 2003
Urban Residential Property Disclosure Statement
Customer Status Disclosure Acknowledgment (To be used when there is no agency relationship)
Members of the Canadian Real Estate Association are required to abide by a strict Code of Ethics and Standards of Business Practice, which serves to protect the buying and selling public alike. One of the ethical obligations embodied in the Code requires that REALTORS disclose who they are representing (or not representing) in a real estate transaction: A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the customer or other party to the transaction.
Agency/Client Relationship A REALTOR representing a client in a real estate transaction works within a legal relationship called agency. As an agent, the REALTOR owes the client a number of duties including loyalty, obedience of lawful instructions of the client, confidentiality, reasonable care and skill in performing the tasks required, accounting of all money received, full disclosure of all relevant facts, and nondelegation of responsibilities. The client, on the other hand, owes the agent a duty of reasonable compensation for the services rendered.
Customer A party may choose to represent him/herself in a real estate transaction. A party representing him/herself (either as a buyer or a seller) is referred to as a third party to the client, and a customer to the REALTOR representing the client. Unless otherwise expressly agreed to in writing, the customer is not expected to pay the REALTOR any compensation. On the other hand, the customer does not have the protection of the duties which a client in an agency relationship receives from his/her agent. Notwithstanding the foregoing, a REALTOR assisting a customer has to be honest and ensure that all information provided to the customer is factually correct.
Acknowledgment Having read and understood this form, I/we acknowledge that: ______________________________________________________________________ (name of broker, associate broker or agent) being registered with ______________________________________________________________________ (name of brokerage) disclosed that he/she is representing ______________________________________________________________ (name of client) in the purchase/sale of _________________________________________________________________________________________ __________________________________________________________________ (property address) and is not acting on my behalf. I further acknowledge that my status in the above transaction is that of a customer. Dated this _________________ day of ___________________________________________________________, _____________.
_____________________________________________________________ Customer
_______________________________________________________________________ Witness
_____________________________________________________________ Customer
_______________________________________________________________________ Witness © January 2004 The Alberta Real Estate Association
Informed Dual Agency Consent (To be completed by the Buyer and attached to the Purchase Contract #_________________) As required by the Real Estate Council of Alberta's Code of Conduct, a real estate brokerage (including its broker, associate brokers, and agents) must only act for one party in a transaction, unless there is full disclosure to all parties, and the dual agency is agreed to in writing. The client must fully understand the implications of dual agency and give an informed consent in writing prior to entering into a real estate transaction.
The Agency Relationship You, the Buyer, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate brokers and agents (collectively referred to as the Buyer's Agent). A brokerage, its broker, associate brokers and agents representing a seller are referred to as the Seller's Agent. The Buyer's Agent is obligated to protect and promote your interests. Specifically, the Buyer's Agent owes you the fiduciary duties of loyalty, obedience, confidentiality, reasonable care and skill, full disclosure, and full accounting. You, as the Buyer, and potential sellers may be represented by different brokerages (the Buyer's Agent and the Seller's Agent). Each of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing sellers will not have a fiduciary relationship with you. The seller may be acting on its own behalf. In this situation, the Buyer understands that the Brokerage will represent only the Buyer as Buyer’s Agent and will not owe fiduciary duties to the seller.
Dual Agency Dual Agency occurs when one brokerage (the Dual Agent) trading in real estate from one or more locations, represents both you and the seller, or more than one buyer, with respect to the potential purchase of the Property. In such circumstances, the described fiduciary duties are limited as follows: The Dual Agent: (a) will not, without prior written authority, disclose: (i) to the seller that you will pay a price higher than the offered price (or countered price), (ii)
to you that the seller will accept a price lower than the listed price,
(iii) to the seller the reason that you are buying, (iv) to you the reason that the seller is selling, and (v)
to you or other buyers the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will disclose to you and the seller all facts known that materially affect or may materially affect the marketability or value of the Property. The Buyer authorizes the Buyer's Agent (______________________________________________________________________) to act as a Dual Agent in accordance with the above disclosure.
(the Brokerage)
__________________________________________ Buyer
___________________________________________ Witness
______________________________________________ Date
__________________________________________ Buyer
___________________________________________ Witness
______________________________________________ Date
_________________________________________ Seller
___________________________________________ Witness
______________________________________________ Date
__________________________________________ Seller
___________________________________________ Witness
______________________________________________ Date © January 2004 The Alberta Real Estate Association
REFERRAL FEE DISCLOSURE FORM Acknowledgment I/We acknowledge and agree that: ______________________________________________________________________________________________________________ (Broker, associate broker, agent) representing ____________________________________________________________________________________________________ (Brokerage) will be receiving a referral fee of ____________________________________________________________________________________ as a result of q sale of property q lease of property q purchase of property q approved mortgage q other __________________________________________________________
Client Referred From:
Client Referred To:
__________________________________________________ Broker, associate broker, agent
__________________________________________________
__________________________________________________ Brokerage
__________________________________________________
__________________________________________________ Address __________________________________________________ (postal code) __________________________________________________ Phone Fax
__________________________________________________ Address __________________________________________________ (postal code) __________________________________________________ Phone Fax
__________________________________________________ Email
__________________________________________________ Email
Client Information Client's Name ___________________________________________________________________________________________________ Address _______________________________________________________________________________________________________ ______________________________________________________________________________________________________________ (postal code) ______________________________________________________________________________________________________________ Phone Fax Email
Additional Client Information ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ SIGNED at _____________________________________, this ________ day of _________________________________, ___________.
________________________________________________
_____________________________________________________
________________________________________________
_____________________________________________________
Signature of Referred Client Signature of Referred Client
Witness Witness
January 2004
AMENDMENT TO THE BUYER BROKERAGE CONTRACT Contract # ______________________ Further to the Buyer Brokerage Contract dated the __________ day of ___________________________________________, ______________. Between THE BUYER
and
THE BUYER’S BROKERAGE (the “Brokerage”)
Name ____________________________________________________
Brokerage Name _____________________________________________
Name ____________________________________________________
___________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
The following changes shall be made to the above Contract and except for such changes noted below, all other terms and conditions in the Contract shall remain as stated therein. DELETE: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
INSERT: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Dated at ____________________________, Alberta, this ______________day of ______________________________, __________ at __________ a.m./p.m. ______________________________________________________________
__________________________________________________________
Buyer
Witness
______________________________________________________________
__________________________________________________________
Buyer
Witness
________________________________________________________ Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
September 2002/January 2004
CONTRACT # _________________________
BUYER BROKERAGE CONTRACT
This form was developed by the Alberta Real Estate Association for the use of its members and may not be altered electronically by any person. Others who use this document do so at their own risk.
This Contract is between
THE BUYER
THE BUYER’S BROKERAGE (the “Brokerage”)
and
Name _____________________________________________________________
Brokerage Name ____________________________________________________
Name _____________________________________________________________
___________________________________ Email _________________________
Address ___________________________________________________________
Address ___________________________________________________________
__________________________________________________________________
Phone _____________________________ Fax __________________________
(postal code) (postal code)
Phone _______________________________ Fax ________________________
__________________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
Email ______________________________________________________________
Member of the ____________________________ Real Estate Board (the “Board”)
1.
OTHER BUYER BROKERAGE CONTRACTS
1.1
Have you entered into any other buyer brokerage contract with a brokerage in Alberta during the last twelve months?
1.2
Are you currently in a buyer brokerage contract with another real estate brokerage?
2.
TERM OF THIS CONTRACT
2.1
The Buyer agrees to retain only the Brokerage:
2.2
q Yes
q No
q Yes
q No
advise prospective sellers or their brokerages with whom the Brokerage is negotiating that they represent the Buyer;
(d)
cooperate with brokerages which represent sellers of real estate;
(e)
not disclose the Buyer's identity if instructed not to do so.
ENDING THIS CONTRACT
5.1 This Contract will automatically end if the Brokerage:
(a)
to find real estate suitable for the Buyer to Purchase and,
(b)
to assist the Buyer in negotiating the terms of the Purchase.
The following properties are excluded from this Contract: _____________________________________________________________ _____________________________________________________________
2.3
5.
(c)
(a)
has had its licence to trade in real estate suspended or cancelled under the Real Estate Act (Alberta);
(b)
ceases to be a member in good standing of a real estate board; or
(c)
is bankrupt, insolvent, or in receivership.
5.2 Where a party to this Contract has breached the Contract, the other party may end the Contract by notice in writing to the party in breach.
_____________________________________________________________
5.3 The Brokerage may enforce clause 6.4(b) even if the Contract has ended or expired.
_____________________________________________________________
6.
The Term of the Contract is effective today until 11:59 p.m. on ___________
6.1 The Brokerage’s fee (the “Fee”) shall be:
______________________________________________ (the “Expiry Date”)
THE BROKERAGE’S COMPENSATION
(a)
the portion of the real estate commission, if any, paid to the Brokerage by the seller's brokerage respecting a transaction involving the Buyer (the “Collected Commission”), or
(b)
_______________________________________________________ plus GST,
unless renewed/extended in writing. 3.
DUTIES OF THE BUYER
3.1
The Buyer agrees to:
whichever is greater.
(a)
advise the Brokerage of real estate in which the Buyer is interested;
(b)
provide the Brokerage with sufficient personal and financial information to enable the Brokerage to determine the Buyer's ability to Purchase real estate;
6.2 (a)
As security for payment of the Fee when this Contract is signed, the Buyer will deposit with the Brokerage, to be held in trust, the sum of $________________________________________ (the “Fee Deposit”).
(c)
negotiate in good faith the Purchase of any specific property in which the Buyer is interested.
(b)
The Brokerage is authorized to apply the Fee Deposit toward the Fee and applicable GST.
(c)
The Fee Deposit shall be refunded to the Buyer not later than 90 days after the Expiry Date if the Fee is not earned according to clause 6.4. If the Buyer has signed a contract with a new brokerage as per clause 6.5, the Fee Deposit shall be refunded forthwith to the Buyer.
4.
DUTIES OF THE BROKERAGE
4.1
The Brokerage will: (a)
(b)
provide the Buyer with information about real estate listed on the Board's Multiple Listing Service® or such other real estate as the Brokerage is or becomes aware of and which may meet the Buyer's requirements; assist the Buyer at the Buyer's written request and expense to obtain inspections, real property reports, certificates of title and any other searches and additional information which the Buyer may require in order to decide whether to Purchase any specific property;
January 2004 The Alberta Real Estate Association
______________ Buyer’s Initials
6.3 If any Collected Commission plus the Fee Deposit: (a)
exceeds the Fee and GST, then the excess will immediately be paid by the Brokerage to the Buyer, or
(b)
is less than the Fee and GST, then the shortfall will immediately be paid by the Buyer to the Brokerage.
______________ Buyer’s Initials
Page 1 of 2
CONTRACT # _________________________
6.4 The Brokerage will be entitled to receive the Fee and the Buyer will be obligated to pay it, if: (a)(i) during the term of this Contract, the Buyer enters into a contract for the Purchase of any specific property; (ii) the obligations of the parties are (have become) unconditional; and (iii) at the closing date the seller is willing and able to complete the transaction; or (b) within 90 days after this Contract has ended, the Buyer enters into a contract for the Purchase of any specific property and during the term of this Contract the specific property was introduced to the Buyer by the Brokerage or through the efforts of the Brokerage.
9.
DEFINITIONS
9.1
In this Contract:
6.5 Clause 6.4 will not apply if after this Contract has ended the Buyer has signed an agreement with a new brokerage and the Buyer is obligated to pay a fee to the new brokerage as a result of the Purchase of any specific property. 6.6 The Fee plus GST earned by the Brokerage shall be payable upon completion of the transaction. If there is an additional amount payable to the Brokerage, the Buyer will pay it upon completion of the transaction. In the event the Buyer refuses to complete the transaction, the Fee is due and payable within seven (7) days of demand by the Brokerage. 7.
AGENCY DISCLOSURE/ACKNOWLEDGMENT
7.1 You, the Buyer, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate brokers and agents (collectively referred to as the Buyer's Agent). A brokerage, its broker, associate brokers and agents representing a seller are referred to as the Seller's Agent. 7.2 The Buyer's Agent is obligated to protect and promote your interests. Specifically, the Buyer's Agent owes you the fiduciary duties of loyalty, obedience, confidentiality, reasonable care and skill, full disclosure and full accounting. 7.3 You, as the Buyer, and potential sellers may be represented by different brokerages (the Buyer's Agent and the Seller's Agent). Each of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing sellers will not have a fiduciary relationship with you. 7.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in real estate from one or more locations, represents both you and the seller, or more than one buyer, with respect to the potential purchase of a property. In such circumstances, the described fiduciary duties are limited as follows: The Dual Agent: (a) will not, without prior written authority, disclose: (i)
to the seller that you will pay a price higher than the offered price (or countered price),
(ii) to you that the seller will accept a price lower than the listed price, (iii) to the seller the reason that you are buying,
10.
(a)
“Buyer” is understood to include a tenant.
(b)
“Buyer's Agent” means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Buyer or tenant.
(c)
“Lease” is a contract between an owner and a tenant that transfers to the tenant the right to use a piece of property for a specified length of time under specific conditions.
(d)
“Purchase” includes any sale, agreement for sale, exchange or trade of property and a Lease, Offer to Lease, or a Lease with an option to purchase.
(e)
“Purchase Price” means the total consideration to be paid by the Buyer either at the closing date or at some future described time.
(f)
“Seller” is understood to include a landlord.
(g)
“Seller's Agent” means the licensed brokerage (including its broker, all associate brokers and agents) who represents the seller or landlord.
ACKNOWLEDGMENT
10.1 The Buyer acknowledges that the Brokerage is being retained as a real estate broker, not as a lawyer, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, or other professional service provider. 10.2 This Contract creates binding legal obligations. The Buyer acknowledges that he/she has been advised to seek professional advice concerning the condition of any specific property that the Buyer might be introduced to and with respect to any legal and tax matters regarding the entering into of this Contract. 10.3 The Buyer consents to have the Brokerage collect, use and disclose personal information provided for purposes relating to the real estate services provided by the Brokerage to the Buyer including, but not limited to: (a) locating, assessing and qualifying property for the Buyer; (b) advertising on behalf of the Buyer; (c) providing information as needed to third parties retained by the Buyer to assist in a transaction (e.g., financial institutions, building inspectors, etc.); and (d) 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 other related information regarding any property purchased by the Buyer through the Brokerage may be retained and disclosed by the Brokerage and/or the Board(s) as required for closing and for reporting, appraisal and statistical purposes.
(iv) to you the reason the seller is selling, and (b)
(v) to you or other buyers the terms and conditions of competing offers; except as set out in (a), will owe no duty of confidentiality and will disclose to you and the seller all facts known that materially affect or may materially affect the marketability or value of the specific property.
THIS CONTRACT IS MADE AS OF __________________________________________________________________ Date
_______________________________
_______________________________
Buyer
Witness
_______________________________
_______________________________
Print Name of Buyer
Print Name of Witness
8.1 All changes of number will be made where required. 8.2 This Contract will be governed by the laws of the Province of Alberta. The parties submit to the jurisdiction of the Courts in the Province of Alberta in any dispute that may arise out of this transaction.
_______________________________
_______________________________
Buyer
Witness
_______________________________
_______________________________
8.3 This Contract may be signed by the parties and transmitted by fax. This procedure will be as effective as if the parties had signed and delivered an original copy.
Print Name of Buyer
Print Name of Witness
7.5
8.
The Buyer authorizes the Buyer's Agent to act as a Dual Agent according to the terms of this section. ADDITIONAL TERMS
8.4 The Buyer warrants that, prior to completion, he/she is NOT an “ineligible person” or a “foreign controlled corporation” and is eligible to purchase “controlled land” as those terms are defined in the Foreign Ownership of Land Regulations.
__________________________________________________________________ Signature of broker, associate broker, or agent authorized to sign on behalf of the Brokerage
Buyers' initials to acknowledge they have received a copy of this Contract.
___________________________ Page 2 of 2
BUYER BROKERAGE TERMINATION AGREEMENT Contract # _________________________ Between THE BUYER
and
THE BUYER’S BROKERAGE (the “Brokerage”)
Name _________________________________________________
Brokerage Name _________________________________________
Name _________________________________________________
_______________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
The parties wish to terminate the Buyer Brokerage Contract dated ______________________________________________, ______________.
q Conditional Termination Fee entitlement will continue as per the provisions of clauses 6.4 and 6.5 of the Buyer Brokerage Contract.
q Unconditional Termination To be used where the parties want to sever their relationship with no ongoing obligations. Additional terms: ______________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________
DATED at ________________________, Alberta this ___________day of ___________________________________________, __________.
______________________________________________________________
__________________________________________________________
Buyer
Witness
______________________________________________________________
__________________________________________________________
Buyer
Witness
_____________________________________________________________
_____________________________________________________
Approved and accepted by the Buyer’s Broker/Manager
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
Buyer acknowledges receiving a copy of this Agreement.
___________________________________________________________ January 2004
ADDENDUM ________ TO THE REAL ESTATE PURCHASE CONTRACT This Addendum is attached to and forms part of the Real Estate Purchase Contract # _____________________________ Between THE SELLER
and
THE BUYER
Name ________________________________________________________
Name _________________________________________________________
Name ________________________________________________________
Name _________________________________________________________
With respect to the Property described as: Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Legal Address: Plan ________________________________________________ Block ____________________ Lot/Unit _________________ Legal Legal Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________ Other ___________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Note: This form must be signed by all parties to the Real Estate Purchase Contract. _____________________________________________________________ Date
_____________________________________________________________
_________________________________________________________________
Seller
Witness
_____________________________________________________________
_________________________________________________________________
Seller
Witness
_____________________________________________________________
_________________________________________________________________
Buyer
Witness
_____________________________________________________________
_________________________________________________________________
Buyer
Witness January 2004
AMENDMENT/ADDENDUM FORM Contract # ____________________________ Further to the Contract dated the _____________ day of ________________________________________________________, ____________. Between and
Name ______________________________________________________
Name ______________________________________________________
Name ______________________________________________________
Name ______________________________________________________
With respect to the Property described as: Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Legal Address: Plan __________________________________________________ Block ____________________ Lot/Unit ______________ W. of
Range
Township
Section
Part
Acres
Legal Legal Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________ Other ___________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Dated at _______________________________, Alberta, this ________ day of ________________________, _________ at ________ a.m./p.m. _____________________________________________________________
_________________________________________________________________
_____________________________________________________________
_________________________________________________________________
Witness Witness
Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m. _____________________________________________________________
_________________________________________________________________ Witness
_____________________________________________________________
_________________________________________________________________ Witness January 2004
REAL ESTATE LISTING CONTRACT EXTENSION/AMENDMENT AGREEMENT MLS# _______________________________________
Real Estate Listing Contract # ________________________________
TO: _____________________________________________________________________________________________________________________________ Brokerage Name (the “Brokerage”) My/Our Property known as: ________________________________________________________________________________________________________________________________. Municipal Address Plan _________________________________________________ Block ______________________ Lot ________________ Subdivision ________________ _ OR W. of
Range
Township
Section
Part
Acres
OR Condo. Unit No. _________________________________ Plan No. _________________________________ Project Name ____________________________ Current Price $ ________________________________________________ Current Expiry Date __________________________________________________
I/We hereby agree to the following changes with reference to the above listing: 1. Listing Extension: The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on ________________________________________________________________________________________________________, _________________
2.
Price Change: The asking price for the Property will be changed to $ __________________________________________________________________________ effective as of ____________________________________________________________________________________________, ________________.
3.
Other Amendments (if any): _______________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________
Dated this ___________________________day of ____________________________________________________________________, ___________________ _________________________________________________________
______________________________________________________________________
Seller
Witness
_________________________________________________________
______________________________________________________________________
Seller
Witness
________________________________________________________________________
__________________________________________________________________________________________
Address
Seller acknowledges receiving a copy of this Agreement
_________________________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
AMENDMENT TO THE REAL ESTATE PURCHASE CONTRACT Real Estate Purchase Contract # __________________________ Further to the Real Estate Purchase Contract dated the ____________ day of _________________________________________, __________. Between and
THE SELLER
THE BUYER
Name ________________________________________________________
Name _________________________________________________________
Name ________________________________________________________
Name _________________________________________________________
With respect to the Property described as: Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ W. of
Range
Township
Section
Part
Acres
Legal Address: Plan __________________________________________________ Block ___________________ Lot/Unit ________________ Legal Legal Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________ Other ___________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
The following changes shall be made to the above Purchase Contract and except for such changes noted below, all other terms and conditions in the Purchase Contract shall remain as stated therein. DELETE: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
INSERT: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Dated at _______________________________, Alberta, this ________ day of ________________________, _______ at __________ a.m./p.m. _____________________________________________________________
_________________________________________________________________
Seller
Witness
_____________________________________________________________
_________________________________________________________________
Seller
Witness
Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m. _____________________________________________________________
_________________________________________________________________
Buyer
Witness
_____________________________________________________________
_________________________________________________________________
Buyer
Witness
January 2004
COMMISSION AGREEMENT This Agreement is between and
THE SELLER
THE BUYER’S BROKERAGE (the “Brokerage”)
Name ____________________________________________________________
Brokerage Name ___________________________________________________
Name ____________________________________________________________
Address __________________________________________________________
Address __________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
1.
Broker, associate broker or agent authorized to represent the Brokerage
AGENCY DISCLOSURE I, the Seller, acknowledge that ____________________________________________________________________________________ is acting (Brokerage Name)
2.
only on behalf of the buyer in this transaction and owes me no fiduciary duties. THE PROPERTY I hereby authorize the Brokerage to offer for sale my Property known as: Address ______________________________________________________________________________________________________________ Plan ____________________________________________________ Block _________________________ Lot __________________________ Condominium Plan ________________________________________ Legal Unit No. __________________ Legal Parking Unit ______________ Other ________________________________________________________________________________________________________________
3.
I have stated an asking price of $ __________________________________________________________________________________________ I warrant that I have the legal authority to sell the Property and that all the information I have provided to the Brokerage is correct and accurate to the best of my knowledge. COMMISSION If the Brokerage is successful in obtaining an offer with terms satisfactory to me within 10 days of this Agreement, I will pay the Brokerage a Commission of _________________________________________________________________ plus GST. I will pay the Commission to the Brokerage no later than the third day after the sale is complete. If an offer is not brought in within 10 days, this Agreement is terminated.
4.
If the Property is sold or disposed of by me to a person introduced to the Property by the Brokerage within 90 days after the introduction, I must pay the Commission. DEPOSITS
5.
I further authorize the Brokerage to secure and have the Deposits received placed in the Brokerage’s trust account and I authorize the Brokerage to deduct the said Commission from the Deposits on the sale closing date. If the Deposit is less than the total Commission due, the balance owing will be deducted from the sale proceeds. SECURITY FOR THE BROKERAGE’S FEES (a) (b) (c) (d)
(e)
I direct the Brokerage or any other person who holds the Deposits to use the Deposits to pay for any money owed in this Agreement. I assign to the Brokerage enough of the purchase money to pay all money owed under this Agreement. I agree not to revoke this assignment. I direct my lawyer to pay all money owed under this Agreement from the purchase money or Deposits held by my lawyer. I now encumber all of my interest in the Land, Buildings and Attached Goods for the benefit of the Brokerage to secure payment to the Brokerage of all money which may be owed by me to the Brokerage under this Agreement. I agree that the Brokerage is entitled to encumber the Land in accordance with the Land Titles Act (Alberta). I now authorize the Brokerage to file and maintain a caveat to give notice of this encumbrance. If the Brokerage successfully enforces any of its rights or remedies under this section, I will pay reasonable lawyer and legal fees and costs incurred by the Brokerage.
The Seller consents to the collection, use and disclosure of personal information by the Brokerage for the purpose of listing and marketing the Property. Dated at _________________________________________ this ____________day of _______________________________________________, __________. _________________________________________________________
_____________________________________________________________________
Seller
Witness
_________________________________________________________
_____________________________________________________________________
Seller
Witness
___________________________________________________________ Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage January 2004
CONDOMINIUM PROPERTY SCHEDULE This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________ Name of project _______________________________________________________________________________________________________ Municipal address (including suite #) ______________________________________________________________________________________ Condominium plan(s) _____________________________ Condominium plan(s) of redivision, if applicable ______________________________ Legal unit no.(s) _________________________________ Legal parking unit(s) ___________________________ Stall #(s) _________________ Parking condominium plan(s) _______________________ Parking stall(s) owned __________ leased ___________ assigned ______________ Legal storage unit(s) ______________________________ Locker #(s) ___________________________________________________________ Storage unit(s) owned __________ leased ___________ assigned ______________ Condominium type: Conventional ___________________ Bare Land (creating a lot) _________________________ The Buyer's Condition applies only to condominium units for resale [that is, they are not covered by sections 12 and 13 of the Condominium Property Act (Alberta) (the "Act")]. All terms have the same meaning as in the Act. Buyer's Condition - The Contract is subject to the Buyer’s satisfaction with the condominium documents (the "Documents") listed below. - The Seller will deliver original or true copies of the Documents to the Buyer at least five (5) Business Days before the Condition Day. The Documents are: l l l
l l
l
l l l
l l
copy of registered condominium plan copy of the Condominium Corporation's current bylaws copy of the Condominium Corporation's current financial statement, most recent annual financial statement and annual report copy of current annual budget and condominium fee schedule copy of the minutes of the most recent general meeting of the Condominium Corporation condominium board of directors minutes for the past 12 months copy of any special resolution being circulated copy of the insurance certificate copy of any lease agreement or exclusive use agreement with respect to the possession of a portion of the Common Property, including a parking stall or storage unit copy of any management agreement copy of any recreational agreement
l l l l l l
l l
l l
l
l
details of any structural deficiencies in the condominium complex the amount of the reserve fund copy of any reserve fund study copy of any reserve fund report copy of any reserve fund plan the particulars of any post tension cables that are located anywhere on or within the Property that is included in the condominium plan percentage of owner occupancy in the complex details of any contributions already levied but which will only become effective after the Completion Day details of any actions commenced against the Corporation details of any unsatisfied judgment or outstanding court order against the Corporation details of any written demand upon the Corporation for payment of an amount in excess of $5,000 any other relevant details
________________________________________
___________________________________________
________________________________________
___________________________________________
________________________________________
___________________________________________
- If the Seller fails or refuses to deliver the Documents by the agreed time, the Buyer may obtain the Documents through other sources. All reasonable costs incurred by the Buyer to obtain the Documents will be paid by the Seller including solicitor/client legal fees and disbursements. The Buyer may set off these costs against the Purchase Price at the Completion Day. The Buyer will have no other remedy against the Seller for failing or refusing to deliver the Documents.
_____________________________ Date
_________________________________________________ Seller’s Signature
___________________________________________________ Buyer’s Signature
January 2004
CONDOMINIUM PROPERTY APPENDIX This Appendix forms part of the Real Estate Listing Contract # _________________________
Name of project ___________________________________________________________________________________________________________________ Municipal address (including suite #) __________________________________________________________________________________________________ Condominium plan(s) _____________________________________Condominium plan(s) of redivision, if applicable ___________________________________ Legal unit no.(s) _________________________________________Legal parking unit(s) ____________________________ Stall #(s) ____________________ Parking condominium plan(s) ______________________________ Parking stall(s) owned _____________ leased ______________ assigned _____________ Legal storage unit(s) _____________________________________ Locker #(s) ________________________________________________________________ Storage unit(s) owned _____________ leased _____________ assigned ______________ Condominium type: Conventional __________________________ Bare Land (creating a lot) _____________________________ Important Information (as per clause 9.1 of the Listing Contract):
q copy of registered condominium plan q copy of the Condominium Corporation's current bylaws q copy of the Condominium Corporation's current financial statement, most recent annual financial statement and annual report q copy of current annual budget and condominium fee schedule q copy of the minutes of the most recent general meeting of the Condominium Corporation q condominium board of directors minutes for the past 12 months q copy of any special resolution being circulated q copy of the insurance certificate q copy of any lease agreement or exclusive use agreement with respect to the possession of a portion of the Common Property, including a parking stall or storage unit
q copy of any management agreement q copy of any recreational agreement q details of any structural deficiencies in the condominium complex q the amount of the reserve fund q copy of any reserve fund study q copy of any reserve fund report q copy of any reserve fund plan q the particulars of any post tension cables that are located anywhere on or within the Property that is included in the condominium plan q percentage of owner occupancy in the complex q details of any contributions already levied but which will only become effective after the Completion Day q details of any actions commenced against the Corporation q details of any unsatisfied judgment or outstanding court order against the Corporation q details of any written demand upon the Corporation for payment of an amount in excess of $5,000 q any other relevant details This Important Information (referred to in the Purchase Contract as the “Documents”) will be required by the buyer as a condition of sale. January 2004
DOWER SCHEDULE This Schedule is attached to and forms part of the Real Estate Contract # _____________________________
CONSENT OF SPOUSE I, __________________________________________________ being married to ________________________________________________ the registered owner of the Property, hereby give my consent to the disposition of our homestead made in the Real Estate Contract to which this consent is attached and forms a part. I have signed this document for the purpose of giving up my life estate and other dower rights in the Property, which are given to me by the Dower Act. I am giving up these rights to the extent necessary to give effect to the disposition. __________________________________________________ Signature of Spouse
CERTIFICATE OF ACKNOWLEDGMENT BY SPOUSE 1.
This document was acknowledged before me by __________________________________________________________________ apart from her husband (or his wife).
2.
_______________________________________________________________________________ acknowledged to me that she (or he) (a) is aware of the nature of the disposition (or agreement). (b) is aware that the Dower Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent. (c) consents to the disposition (or agreement) for the purpose of giving up the life estate and other dower rights in the homestead given to her (or him) by the Dower Act, to the extent necessary to give effect to the said disposition (or agreement). (d) is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife).
DATED at __________________________ in the Province of Alberta, this ___________ day of _________________________, __________. __________________________________________________ Title of Officiating Officer
DOWER AFFIDAVIT I, ________________________________________________________ of _____________________________________________ in the Province of Alberta, MAKE OATH AND SAY: 1.
I am the Seller named in the Real Estate Contract to which this Affidavit is attached and forms a part.
2.
I am not married, OR Neither my spouse nor I have resided on the Property at any time during our marriage.
SWORN before me at ______________________________________________________________________ in the Province of Alberta this ___________________ day of ____________________________________________________________________, ___________________. _________________________________________________ A Commissioner for Oaths, etc. (or as the case may be) September 2002/January 2004
FINANCING SCHEDULE This Schedule is attached to and forms part of the Real Estate Purchase Contract # ______________________ 1.
ASSUMPTION OF MORTGAGE(S)
3.
If the Buyer is to assume a mortgage(s), then the Seller warrants the following to the Buyer: l
Name of lender __________________________________ _______
l
l
Address of lender ________________________________________ _______________________________________________________ Approximate principal balance $ ____________________________
l
Maturity date ____________________________________________
l
Interest rate ____________________________________________
l
Payments of $ __________________________________________
l
Payments include taxes?
q Yes
q No
l
Approval to assume required?
q Yes
q No
l
SELLER FINANCING If the Seller is to provide financing to the Buyer, then the details are as follows: l
Principal sum of $ ________________________________________
l
Subject to adjustments?
l
Interest rate at ____________ percent, calculated ___________ not in advance.
l
Payments of $ ___________________________________________
l
Payments to include taxes?
l
Amortization of ________________________ years.
l
Term of ________________________ year(s)/months commencing from the Completion Day.
Other terms ____________________________________________
l
Interest adjustment day ____________________________________
______________________________________________________
l
Security (mortgage, general security agreement, assignment of rents, etc.) ___________________________________________________
______________________________________________________ l
_______________________________________________________ l
_______________________________________________________
2.
OTHER VALUE
Prepayment?
q Closed q Open
If open, what prepayment privileges? _________________________ _______________________________________________________
Where the covenant for payment in the mortgage(s) being assumed is enforceable against the Seller, the Seller must approve any assignment of this Contract by the Buyer. The Buyer will pay the costs to process and document any approvals to assume a mortgage(s).
q No
_______________________________________________________
_______________________________________________________ _______________________________________________________
q Yes
q No
_______________________________________________________
Assumed second or other mortgage details ___________________ _______________________________________________________
q Yes
_______________________________________________________ _______________________________________________________ l
Assumable?
q Yes
q No
l
Special conditions _______________________________________
The Buyer will provide the following to the Seller as part of the Purchase Price: (Describe the value by detailed description, serial number, etc. - if the Other Value is a mortgage, then use the same information/details as under New Financing)
_______________________________________________________
__________________________________________________________
_______________________________________________________
__________________________________________________________
_______________________________________________________
_______________________________________________________ _______________________________________________________
__________________________________________________________
_______________________________________________________
__________________________________________________________ __________________________________________________________
l
The Buyer will pay for the reasonable costs to prepare the Seller Financing security.
__________________________________________________________
l
The Buyer will pay for registering the Seller Financing security.
The Buyer will pay for preparing and registering any security documents regarding the Other Value.
l
Where there is Seller Financing, the Seller must approve any assignment of this Contract by the Buyer
__________________________________________________________ __________________________________________________________
_____________________________ Date
__________________________________________________ Seller’s Signature
___________________________________________________ Buyer’s Signature September 2002/January 2004
APPENDIX TO THE REAL ESTATE LISTING CONTRACT This Appendix is attached to and forms part of the Real Estate Listing Contract # _________________________________ Between THE SELLER
and
THE SELLER’S BROKERAGE (the “Brokerage”)
Name _____________________________________________________________
Brokerage Name _____________________________________________________
Name _____________________________________________________________
___________________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
With respect to the Property described as: Municipal Address __________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________
(postal code)
Legal Address: Plan ________________________________________________________ Block __________________________ Lot/Unit ________________________ Plan _____________________________________________________________________ Block __________________________ Lot/Unit ________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________
Note: This form must be initialled by all parties to the Real Estate Listing Contract. Dated this ___________________________day of ____________________________________________________________________, ___________________ _________________________________________________________
______________________________________________________________________
Seller
Witness
_________________________________________________________
______________________________________________________________________
Seller
Witness
_________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
REAL ESTATE LISTING CONTRACT TERMINATION AGREEMENT MLS# _______________________________________
Real Estate Listing Contract # ____________________________ Between and
THE SELLER
THE BROKERAGE (the “Brokerage”)
Name _________________________________________________________
Brokerage Name ________________________________________________
Name _________________________________________________________
______________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
The parties wish to terminate the Listing Contract. The Brokerage hereby agrees to terminate the Listing Contract on the Property at __________________________________________________ ____________________________________________________________________________________________________________________ which was dated ______________________________________________________________________________, ______________________.
q Option A: To be used where it is not intended to relist the Property for sale. The Seller agrees with the Brokerage that: 1. It shall not sell, exchange and/or lease, or accept an offer for the sale, exchange and/or lease of the said Property during the term of 90 days from the date of this Termination Agreement. 2. In the event that the Seller breaches any of the terms of this Termination Agreement, the Seller shall immediately pay to the Brokerage as liquidated damages a sum equal to the Real Estate Commission as set out in the said Listing Contract. This clause replaces the provisions of 10.1 in the Real Estate Listing Contract.
q Option B: To be used where the Property is meant to be relisted by another brokerage. Commission entitlement will continue as per the provisions of clause 10.1 of the Real Estate Listing Contract.
q Option C: To be used where the parties want to sever their relationship with no ongoing obligations. Additional terms: ______________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________
DATED this ____________________________day of ______________________________________________________________________, ______________ _______________________________________________________
______________________________________________________________________
Seller
Witness
_______________________________________________________
______________________________________________________________________
Seller
Witness
__________________________________________________
_______________________________________________________________
Seller acknowledges receiving a copy of this Agreement
Approved and accepted by Seller’s Broker/Manager
January 2004
NOTICE As per the Real Estate Purchase Contract Notice to: _________________________________________________________________________________________________________________________________ Seller/Buyer of the Property
Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Legal Address: Plan __________________________________________________ Block ___________________ Lot/Unit ________________ 1.
I am the Seller/Buyer of the Property in the Real Estate Purchase Contract # ______________________________________________________ The conditions(s) in that Contract that I now unilaterally waive or have satisfied is (are): __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________
2. 3. 4. 5.
All other provisions in the Contract remain in full force and effect. In this Notice, the singular shall be constituted as the plural where the context so requires. This Notice shall enure to the benefit and be binding upon my heirs, executors, administrators, successors and assigns. As per the Real Estate Purchase Contract, if a Notice has not been given to the other party before 9 p.m. on or before the stated Condition Day, then the transaction is ended.
SIGNED in the presence of a witness, and DATED at ____________________________________________________________, Alberta at ________________ a.m./p.m. this ___________________ day of ________________________________________________________________________, ___________________. _____________________________________________________
_____________________________________________________________________
Seller/Buyer
Witness
_____________________________________________________
_____________________________________________________________________
Seller/Buyer
Witness
If needed for commercial transactions: Per: _____________________________________________________
_____________________________________________________________________
Authorized Signing Officer(s)
Witness
_____________________________________________________
_____________________________________________________________________
Authorized Signing Officer(s)
Witness January 2004
PROPERTY INSPECTION SCHEDULE This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________
This Schedule is part of the Residential Real Estate Purchase Contract dated the __________________ day of _____________________________________________, ______________, and is to be attached to that Contract as a Buyer’s Condition. Between __________________________________________________________________________________________________________ as Buyer(s) and __________________________________________________________________________________________________________ as Seller(s) Property Address ______________________________________________________________________________________________________ Legal Description ______________________________________________________________________________________________________ 1.
The Buyer will have the right to have a property inspection completed by a professional or otherwise qualified inspector. l The Seller agrees to provide access (within reason) to the Property for this purpose. l The inspection is at the Buyer's expense unless otherwise agreed to in writing.
2.
If the property inspection identifies defects in the Property that are not acceptable to the Buyer, then the Buyer will have a valid reason not to give the "Notice" to waive/release the Condition.
3.
Cosmetic items will not be considered a defect for the purposes of paragraph 2 above.
4.
In the event the Buyer does not give the "Notice" to waive/release the Condition, the Seller is entitled to a copy of the complete inspection report. l The Seller must request the inspection report no later than 9 p.m. on the second day following the Condition Day. l The Buyer must provide the inspection report no later than 9 p.m. on the second day following the day the Seller requests it.
5.
In the event the Seller does not agree that the Buyer has a valid reason not to give the "Notice" to waive/release the Condition, then the Seller and Buyer may pursue all available remedies.
Signed at _____________________________, Alberta, at ______a.m./p.m. this __________ day of _________________________, _________. _________________________________________________
_____________________________________________________________
Buyer Signature
Witness
_________________________________________________
_____________________________________________________________
Buyer Signature
Witness
Signed at _____________________________, Alberta, at ______a.m./p.m. this __________ day of _________________________, _________. _________________________________________________
_____________________________________________________________
Seller Signature
Witness
_________________________________________________
_____________________________________________________________
Seller Signature
Witness January 2004
PROPERTY SCHEDULE This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________
1.
COUNTRY RESIDENTIAL ACREAGE The Seller warrants to the Buyer the following: l
l
l
l
Unless otherwise indicated below, the utilities, connections and equipment (including but not limited to charges for electrical service, telephone service, water, roads and natural gas or other fuel service) are fully paid for and are not amortized. ________________________________ _____________________________________________ The following contracts for utility service providers are to be assumed by the Buyer. _______________________ _____________________________________________ Water rights registered? q Yes q No
l
l
l
l
Water rights included with the Property? qYes qNo Access to the Property: q publicly owned q privately owned with access by agreement (describe) ____________________________________ Electrical service available onto the Property? q Yes q No Cable service available onto the Property? q Yes q No Fuel supply: q Natural gas q Propane/LPG q None
l
l
l
2.
Septic system? q Tank & field q None
Commencement date of the lease __________________
l
Expiry or end date of the lease ____________________
l
Renewal rights _________________________________
l
Rent payable __________________________________
l
Security deposit $ ______________________________ Date received _________________________________
l
3.
l l l
l
Written rental agreement exists. q Yes q No If yes, a copy will be provided to the Buyer.
_____________________________ Date
Other details __________________________________ _____________________________________________ _____________________________________________
If the Property includes a Manufactured/Mobile Home, then the Seller warrants the following to the Buyer:
q Holding tank q Other (describe) _____________
The Seller is providing the following well/water reports: Bacterial analysis q Yes q No Chemical analysis q Yes q No Flow test q Yes q No Driller’s report q Yes q No
Rental agreement in default? q Yes q No If yes, give details ______________________________
MANUFACTURED/MOBILE HOME
l
RENTAL AGREEMENT Possession will be given subject to the terms of the Rental Agreement. If the Buyer is to assume a tenancy, then the Seller warrants the following to the Buyer: l Name of tenant(s) _____________________________ ____________________________________________ l
l
q Other (describe) _____________
Water supply q Drilled well q Cistern q Municipal q Community coop q Other (describe) __________
q No
l
Priority #: ____________________________________ l
Move-in inspection report exists. q Yes If yes, a copy will be provided to the Buyer.
Make ________________________________________ Model & serial number __________________________ Approximate year of manufacture (age) _____________________________________________ C.S.A. number _________________________________ _____________________________________________ Foundation? q Yes q No If yes, the construction details are __________________ _____________________________________________
l
Is the land leased or owned? _____________________
l
Written lease agreement exists.
q Yes
q No
If yes, a copy of the lease will be provided to the Buyer. l l l
l
l
Is a security deposit required?
q Yes
q No
Amount of monthly pad rental $ ___________________ Fees for: - water $ _____________________________ - heat $_______________________________ - gas $ _______________________________ - basic cable/digital/satellite $_____________ _____________________________________ Are there any restrictions on occupancy? q Yes q No If yes, explain _________________________________ Other details __________________________________ _____________________________________________ _____________________________________________
_______________________________________________ Seller’s Signature
______________________________________________ Buyer’s Signature
January 2004
# ______________________
RESIDENTIAL REAL ESTATE LISTING CONTRACT
Listing Contract Number
This form was developed by the Alberta Real Estate Association for the use of its members and may not be altered electronically by any person. Others who use this document do so at their own risk.
This Contract is between
THE SELLER (“You”)
and
THE SELLER’S BROKERAGE (the “Brokerage”)
Name _________________________________________________________________
Brokerage Name _________________________________________________________
Name _________________________________________________________________
___________________________________ Email ______________________________
Address _______________________________________________________________
Address _______________________________________________________________
______________________________________________________________________
Phone _______________________________
(postal code) (postal code)
Phone _______________________________
Fax ___________________________
Fax ___________________________
______________________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
Email _________________________________________________________________
Member of the ________________________________ Real Estate Board (the “Board”)
1.
THE PROPERTY
1.1
The Property is the Land and Buildings located at (municipal street address): ______________________________________________________________
2. OTHER LISTING CONTRACTS 2.1 Have you entered into any other listing contract for the Property during the last twelve months?
______________________________________________________________
2.2
q No
q Yes
q No
3.
TERM OF CONTRACT
______________________________________________________________
3.1
You list the Property for sale with only the Brokerage(s) effective today until 11:59 p.m. on __________________________________________________
The legal description of the Property is:
______________________________________________ (the “Expiry Date”).
Plan ______________________ Block ____________ Lot/Unit ___________ Other _________________________________________________________ If Condominium Property, legal description and details as per Condominium Property Appendix (attached). 1.3
q Yes
______________________________________________________________ (postal code)
1.2
Is the Property currently listed for sale with another real estate brokerage?
The Property includes: (a) Goods not attached to the Land and Buildings (“Unattached Goods”) as listed below: _________________________________________________________
4.
4.1 The Asking Price for the Property is $ _______________________________ ______________________________________________________________ 4.2
Will the buyer have to pay GST on the purchase of the Property (land/lot/new or renovated home)?
q Yes
q No
5.
POSSESSION DATE
5.1
The proposed Possession Date is __________________________________
_________________________________________________________
______________________________________________________________
_________________________________________________________
6.
_________________________________________________________
6.1 The Real Estate Commission (the “Commission”) is ____________________
REAL ESTATE COMMISSION
_________________________________________________________
______________________________________________________________
_________________________________________________________
______________________________________________________ plus GST.
_________________________________________________________
6.2 The Brokerage will offer ___________________________________________
_________________________________________________________
______________________________________________________ plus GST as compensation to other brokerages for finding a buyer.
_________________________________________________________ (b)
ASKING PRICE
_________________________________________________________
7.
DEPOSITS
All goods attached to the Land and Buildings (“Attached Goods”) except those goods listed below:
7.1
All Deposits will be held in accordance with the terms of the signed Purchase Contract. The Deposits must be held in trust according to the Real Estate Act (Alberta).
7.2
You direct the Brokerage, the buyer’s brokerage or the lawyer who holds the Deposits to use the Deposits to pay any money owed under this Contract. Any Commission or Alternate Compensation, plus GST, that has been earned by another brokerage and is no longer required to be held in trust shall be paid directly out of a trust account by the party holding the Deposits.
7.3
You assign to the Brokerage enough of the purchase money or forfeited Deposits to pay all money owed under this Contract. You agree not to revoke this assignment.
_________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________
January 2004 The Alberta Real Estate Association
______________ Seller’s Initials
______________ Brokerage Representative’s Initials Page 1 of 4
# ______________________
Listing Contract Number 7.4 8.
You direct your lawyer to pay all money owed under this Contract from the purchase money or the forfeited Deposits held by your lawyer.
(b)
a person contacts you directly or through a brokerage or inspects the Property and the Property is then sold, exchanged or otherwise disposed of by you or anyone else to that person within 90 days after the Expiry Date. This clause will not apply where you have signed another listing contract after the Expiry Date and a real estate commission is payable to another brokerage according to the terms of that other listing contract as a result of the sale or disposition;
(c)
you have signed a Purchase Contract with a buyer who is willing and able to complete the sale but you refuse to complete the sale; or
(d)
a buyer is found who is willing and able to complete the sale upon the terms outlined in this Contract but you refuse to sign the Purchase Contract.
THE BROKERAGE’S AUTHORITY
8.1 You authorize the Brokerage to obtain the following information: l
property tax search, local improvement assessment search and related information
l
search of title
l
condominium additional plan sheet, if condominium property
l
a Mortgage Verification Statement containing the Mortgage Details set out in the Appendix
l
any other Important Information as set out in the Appendix or Condominium Property Appendix.
8.2 Do you authorize the Brokerage to install and use a key box?
q Yes
q No
8.3 Do you authorize the Brokerage to install “FOR SALE” and “SOLD” signs?
q Yes
q No
8.4 Unless otherwise agreed in writing, only the Brokerage may advertise the Property for sale. 9.
IMPORTANT INFORMATION
9.1
You will provide the following Important Information to the Brokerage within ten (10) days of your signing this Contract and at your expense: l
9.2
9.4
a real property report reflecting the current state of improvements on the Property, according to the Alberta Land Surveyors’ Manual of Standard Practice, with evidence of municipal compliance or non-conformance. Please Note: Not having a current real property report with compliance may result in complications on closing or rescission of the purchase contract.
l
if the Property is a residential resale condominium, the Important Information as described in the Condominium Property Appendix (attached).
l
if the Property includes a manufactured/mobile home, is rented or is a country residential acreage, the Important Information described in the Appendix.
You hereby authorize the Brokerage to obtain the Important Information on your behalf and at your expense. q Yes
is signed but the buyer defaults and the Deposits are forfeited. This Alternate Compensation will be the lesser of the Commission that would have been
___________________ q Yes
q No
Will you allow the mortgage to be assumed?
q Yes
q No
q Yes
10.4 If the Brokerage pays for the Important Information, you will repay the Brokerage promptly upon demand. 10.5 In addition, you will pay GST, where applicable, to the Brokerage on the Commission or on any Alternate Compensation due under this Contract. 10.6 You will make your best efforts to insure the Property and its contents against loss or damage due to perils that are normally insured against for similar properties. This insurance will be effective even when the Property is vacant. 10.7 You will make reasonable efforts to cooperate with the Brokerage and any other brokerages. 10.8 You will immediately inform the Brokerage of any relevant changes respecting
Is the mortgage CMHC insured?
Are you aware of any defects in the Property that are not visible and are either structural in nature or a possible health hazard?
Alternate Compensation shall be payable upon the forfeiture of the Deposits.
q No
If the Property is encumbered by a mortgage, then:
Seller’s Initials 10.
10.3 You will pay Alternate Compensation to the Brokerage if a Purchase Contract
payable had the sale been completed or 50% of the forfeited Deposits.
Seller’s Initials 9.3
10.2 You will pay the Commission to the Brokerage no later than the second business day after the sale is completed, unless you and the Brokerage otherwise agree in writing. A sale is completed when the change in ownership is registered at the Land Titles Office and the buyer pays the purchase money to you or your lawyer. Any holdbacks or conditions accepted by you or your lawyer will not delay payment to the Brokerage.
the Property or its ownership that may occur after this Contract is signed. 11.
DUTIES OF THE BROKERAGE
11.1 The Brokerage: l
will make reasonable efforts to find a buyer for the Property.
l
will market the Property through the Multiple Listing Service (MLS) operated by the Board.
q No
___________________
l
the Real Estate Act (Alberta) and who is not a member of the Board from
DUTIES OF THE SELLER
attempting to sell the Property, unless you otherwise instruct the
10.1 You will pay the Commission to the Brokerage if, during the Term of the Contract: (a)
will not discourage any person who is an industry member as defined in
Brokerage in writing.
the Property is sold, exchanged or otherwise disposed of by you or anyone else;
______________ Seller’s Initials
l
will pay any Commission, Alternate Compensation and GST that are payable to another brokerage.
______________ Brokerage Representative’s Initials Page 2 of 4
# ______________________
Listing Contract Number 12.
SECURITY FOR THE BROKERAGE’S FEES
12.1 You now encumber all of your interest in the Land, Buildings and Attached Goods for the benefit of the Brokerage to secure payment of all money which may be owed by you to the Brokerage under this Contract. The parties agree that the Brokerage is entitled to encumber the Land in accordance with the Land Titles Act (Alberta). You now authorize the Brokerage to file and maintain a caveat to give notice of this encumbrance. 12.2 If the Brokerage successfully enforces any of its rights or remedies under this section, you will pay reasonable lawyer and client legal fees and costs incurred by the Brokerage. 12.3 If you owe money under this Contract and the Brokerage does not wish to enforce this Contract against you, then upon mutual agreement between the Brokerage and the buyer’s brokerage, the Brokerage may assign this Contract to the buyer’s brokerage. If this Contract is assigned, then the buyer’s brokerage may enforce this Contract against you to collect the portion of the Commission or Alternate Compensation, plus GST, to which the buyer’s brokerage is entitled, and the buyer’s brokerage will have the same rights and security given to the Brokerage according to Section 12 of this Contract. 13.
SELLER’S WARRANTIES
You have the legal authority to sell the Property subject to any dower rights.
l
You have a right to sell the Unattached Goods listed in clause 1.3(a).
l
The goods attached to the Land and Buildings and the included Unattached Goods listed in clause 1.3 are free and clear of financial encumbrances.
l
Where applicable, you have complied with the bylaws of the Condominium Corporation.
13.2 You warrant that, to the best of your knowledge, the following is truthful and accurate:
14.
14.3 You and the Brokerage may enforce parts of this Contract even if this Contract has ended or expired. 15.
ADDITIONAL TERMS
15.1 This Contract is for the benefit of and will be binding upon the heirs, administrators, executors, successors and assigns of the parties. 15.2 All changes of number and gender will be made where required. 15.3 This Contract is a Seller’s Brokerage Agreement for the purposes of the Real Estate Act (Alberta). 15.4 This Contract will be governed by the laws of the Province of Alberta. The parties submit to the jurisdiction of the Courts in the Province of Alberta in any dispute that may arise out of this transaction. 16.
ADVICE TO THE SELLER
16.1 This Contract creates binding legal obligations. You are encouraged to obtain legal advice before signing. 16.2 If a CMHC insured mortgage is to be assumed, you should seek legal advice.
13.1 You warrant the following: l
14.2 Where a party to this Contract has breached a part of this Contract, the other party may end this Contract by notice in writing to the party in breach.
l
You have disclosed all information necessary to truthfully and accurately market the Property, including any environmental problems.
l
The current use of the Land complies with the existing municipal land use bylaw.
l
The Buildings and other improvements on the Land are not placed partly or wholly on any easement or utility right-of-way and are entirely on the Land and do not encroach upon neighbouring lands, except where an encroachment agreement is in place.
l
The location of Buildings and other improvements on the Land complies with all relevant municipal bylaws, regulations or relaxations granted by the appropriate municipality prior to Completion Day, or the Buildings and other improvements on the Land are “non-conforming buildings” as that term is defined in the Municipal Government Act (Alberta).
ENDING THE CONTRACT
16.4 The Seller consents to the collection, use and disclosure of personal information by the Brokerage for the purpose of listing and marketing the Property including, but not limited to: (a)
l
has had its licence to trade in real estate suspended or cancelled under the Real Estate Act (Alberta).
l
ceases to be a member in good standing of a real estate board.
l
is bankrupt, insolvent, or in receivership.
listing and advertising the Property using any medium including electronic media, photographs and video;
(b) disclosing Property information to prospective buyers, brokers, agents and others who may assist in the sale of the Property; (c)
such other use of the Seller's personal information as is consistent with listing and marketing of the Property.
16.5 The Seller consents to placement of the listing information and any sale information by the Brokerage into the database(s) of the appropriate MLS® system(s) and acknowledges that the MLS® database is the property of the Board(s) and can, during or after the termination or expiry of this listing, be licensed, resold or otherwise dealt with by the Board(s). The Seller further acknowledges that the Board(s) may: (a)
distribute the information to any persons authorized to use such service which may include other brokers, government departments, appraisers, municipal organizations and others;
(b) market the Property, at its option, in any medium, including electronic media; (c)
14.1 This Contract will automatically end if the Brokerage:
______________ Seller’s Initials
16.3 The Seller acknowledges that the Brokerage is being retained as a real estate broker, not as a lawyer, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, or other professional service provider.
compile, retain and publish any statistics including historical MLS® data which may be used by licensed board members to conduct comparative market analyses; and
(d) make such other use of the information as the Board deems appropriate in connection with the listing, marketing and selling of real estate.
______________ Brokerage Representative’s Initials Page 3 of 4
# ______________________
Listing Contract Number 17.
AGENCY DISCLOSURE/ACKNOWLEDGMENT
17.1 You, the Seller, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate brokers and agents (collectively referred to as the Seller’s Agent). A brokerage, its broker, associate brokers and agents representing a buyer are referred to as the Buyer’s Agent. 17.2 The Seller’s Agent is obligated to protect and promote your interests. Specifically, the Seller’s Agent owes you the fiduciary duties of loyalty, obedience, confidentiality, reasonable care and skill, full disclosure and full accounting. 17.3 You, as the Seller, and potential buyers may be represented by different brokerages (the Seller’s Agent and the Buyer’s Agent). Each of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing buyers will not have a fiduciary relationship with you. 17.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in real estate from one or more locations, represents both you and one or more buyers with respect to the potential purchase of the Property. In such circumstances, the described fiduciary duties are limited as follows: The Dual Agent: (a)
will not, without prior written authority, disclose: (i)
to a buyer that you will accept a price less than the asking price (or a countered selling price),
(ii)
to you that a buyer will pay a price higher than the price offered,
(iii)
to a buyer the reason that you are selling,
(iv) to you the reason that a buyer is buying, and (v) (b)
to a buyer the terms and conditions of competing offers;
except as set out in (a), will owe no duty of confidentiality and will disclose to you and a buyer all facts known that materially affect or may materially affect the marketability or value of the Property.
17.5 The Seller authorizes the Seller’s Agent to act as a Dual Agent according to the terms of this section. 18. SIGNATURES 18.1 This Contract may be signed by the parties and transmitted by fax. This procedure will be as effective as if the parties had signed and delivered an original copy. This Contract is made effective _________________________________________ _____________________________________________, ____________________. _________________________________ ________________________________ Signature of Seller
Signature of Witness
_________________________________ ________________________________ Print Name of Seller
Print Name of Witness
_________________________________ ________________________________ Signature of Seller
Signature of Witness
_________________________________ ________________________________ Print Name of Seller
Print Name of Witness
__________________________________________________________________ Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
Seller: Initial here to show you have received a copy of this Contract. _________________________________ Dower consent may be required for this Listing Contract to be binding if Title is in only one name and the registered owner is legally married.
APPENDIX IMPORTANT INFORMATION (as per clause 9.1) Mortgage Details (Mortgage Verification Statement): • Name of lender • Principal balance owing with per diem interest
• Is there a tax account? • Is approval to assume the loan required?
• Interest rate
• Maturity date
• Amount of payment and frequency • Any other relevant details
• Is the loan CMHC insured?
Country Residential Acreage Details: • Utilities, connections & equipment (including but not limited to charges for electrical service, telephone service, water, roads and natural gas or other fuel service) are fully paid for and are not amortized. ____________________ • Utility contracts for utility service providers are to be assumed by the buyer. ______________________________________________________________ • Water rights registered? q Yes q No Priority # ________________ • Water rights included with Property? q Yes q No • Access to Property: q publicly owned q privately owned with access by agreement • Electrical service available onto the Property? q Yes q No • Cable service available onto the Property? q Yes q No • Fuel supply: q natural gas q propane/LPG q none q other ____________________________ • Septic system: q tank & field q holding tank q none q other ____________________________ • Water supply: q drilled well q cistern q municipal q community coop q other ________________________ • You are providing the following well/water reports: - bacterial analysis q Yes q No - chemical analysis q Yes q No - flow test q Yes q No - driller’s report q Yes q No Rental Agreement Details: • Name of the tenant ______________________________________________ • Written rental agreement exists? q Yes (copy to buyer) q No • Move-in inspection report exists? q Yes (copy to buyer) q No • Commencement date of lease _____________________________________ • Expiry or end date of lease _______________________________________ • Does the tenant have any right to renew the rental agreement? q Yes q No • What is the rent? _______________________________________________ • If there is a security deposit, how much is it and when was it last paid? _____________________________________________________________ • Is there a property management contract? q Yes q No • Is the tenant in possession? q Yes q No • Is the rental agreement in default? q Yes q No • Any other relevant details Manufactured/Mobile Home Details: • Make ________________________ • Model/serial number _____________ • Year of manufacture (age) ________________________________________ • C.S.A. number _________________________________________________ • Construction details of any foundation _______________________________ • Is the land leased or owned? q leased q owned • Written lease agreement exists. q Yes (copy to buyer) q No • Is a security deposit required? q Yes q No • Monthly pad rental $ _____________________________________________ • Fees for: water $________________ heat $__________________________ gas $_________________ cable/digital/satellite $_____________ • Any occupancy restrictions? q Yes q No • Any other relevant details Page 4 of 4
# _________________________
Purchase Contract Number
RESIDENTIAL REAL ESTATE PURCHASE CONTRACT This form was developed by the Alberta Real Estate Association for the use of its members and may not be altered electronically by any person. Others who use this document do so at their own risk.
This Contract is between
THE SELLER
THE BUYER
and
Name _____________________________________________________________
Name _____________________________________________________________
Name _____________________________________________________________
Name _____________________________________________________________
1.
THE PROPERTY
2.
1.1
The Property is the Land, Buildings, Attached Goods (unless excluded) and included Unattached Goods located at (municipal address): _______________
2.1
The Buyer and the Seller agree to act cooperatively, reasonably, diligently and in good faith.
2.2
Other than the Deposits, the Buyer shall pay the Purchase Price by certified cheque, lawyer's trust cheque, bank draft or other agreed value as follows:
______________________________________________________________ 1.2
THE TRANSACTION
The legal description of the Property is: Plan ______________________ Block _______________ Lot/Unit _________
$ __________________________________
Initial Deposit
$ __________________________________
Additional Deposit
$ __________________________________
Assumption of Mortgage (approximate principal balance)
Other _________________________________________________________ ______________________________________________________________ ______________________________________________________________ If Condominium Property, details as described in Condominium Property Schedule (attached). 1.3
$ __________________________________
No Unattached Goods (chattels) except for: __________________________ ______________________________________________________________
$ __________________________________
______________________________________________________________
New Financing
______________________________________________________________ $ __________________________________ Seller Financing (as per attached Financing Schedule)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________
$ __________________________________
Other Value
$ __________________________________
Balance Owing (subject to adjustments)
$ __________________________________
Purchase Price
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________
Unless otherwise agreed in writing, the Purchase Price includes any applicable Goods and Services Tax (GST).
______________________________________________________________ 1.4
All Attached Goods (fixtures) except for: _____________________________ ______________________________________________________________ ______________________________________________________________
3.
DEPOSITS
3.1 All Deposits shall be delivered in trust to _____________________________
______________________________________________________________
______________________________________________________________.
______________________________________________________________
Unless otherwise agreed in writing, the Initial Deposit shall accompany the offer.
______________________________________________________________
______________________________________________________________
1.5 Unless otherwise agreed in writing, title will be free and clear of all encumbrances, registrations and obligations except the following: (a) those implied by law; (b) non-financial obligations now on title such as easements, utility rights-ofway, covenants and conditions that are normally found registered against property of this nature and which do not affect the saleability of the Property; (c) homeowners association caveats, encumbrances and similar registrations; and (d) those items which the Buyer agreed to assume in this Contract.
January 2004 The Alberta Real Estate Association
______________ Seller’s Initials
3.2 The Initial Deposit shall be deposited no later than the second Business Day following the day that final signing occurred (as per clause 15.1). Additional Deposits shall be deposited no later than the second Business Day following the day the Additional Deposit is received by the brokerage. 3.3 Any Additional Deposits shall be delivered as follows: ___________________ ______________________________________________________________ 3.4 Unless otherwise agreed in writing, no interest on the Deposits shall be paid to the Seller or the Buyer. ___________________________________________ _______________________________________________________________ ______________ Buyer’s Initials Page 1 of 4
# _________________________
Purchase Contract Number 3.5 The Deposits shall be held in trust for both the Seller and the Buyer and shall be: (a) applied against the Commission (as defined in the Residential Real Estate Listing Contract or any other commission agreement signed by the Seller) and paid directly out of trust to the brokerage(s) when the Commission is earned in accordance with the terms of the Listing Contract or any other commission agreement signed by the Seller;
4.6
If the Seller agrees in writing to accept late payment of the Purchase Price, then the Buyer will pay Interest to the Seller calculated daily from and including the Completion Day to (but excluding) the day the Seller is paid in full. Payment received after noon on any day will be payment as of the next Business Day. Interest means the prime lending rate of the Province of Alberta Treasury Branches at the Completion Day plus 3%.
4.7
The Seller's lawyer may use the Purchase Price to pay out all mortgages, condominium contributions, registrations and other financial obligations that are the Seller's obligation to pay or discharge. Within a reasonable period of time after the Completion Day, the Seller's lawyer will provide the Buyer's lawyer with evidence of all discharges including, where required, a certified copy of the certificate of title and an Estoppel Certificate evidencing the payment of all condominium contributions that are the Seller’s obligation to pay.
(b) refunded forthwith to the Buyer if this offer is not accepted; (c) refunded forthwith to the Buyer upon the Buyer’s cheque clearing the brokerage’s trust account if a condition is not satisfied or waived (as per clause 8.4) or the Seller fails to perform this Contract; and (d) forfeited to the Seller if this offer is accepted and all conditions are satisfied or waived and the Buyer fails to perform on this Contract. 3.6
3.7
The brokerage holding the Deposits is further directed and authorized to pay that portion of the Deposits exceeding the Commission in trust to the Seller's lawyer no later than two (2) Business Days prior to the Completion Day. If there is a dispute between the Seller and the Buyer as to entitlement to the Deposits then: (a) the brokerage holding the Deposit shall review the circumstances, determine entitlement and pay the money to the party who is entitled to the Deposit; (b) if no reasonable conclusion can be made in regard to (a) above, the brokerage shall notify the parties to the Contract in writing and shall pay the money into a lawyer's trust account; (c) the parties agree to allow the lawyer or the brokerage to deduct from the Deposit a reasonable fee and costs incurred for dealing with the Deposit; (d) a brokerage and/or lawyer acting in good faith under this clause shall not be liable to either party for any damages associated with the handling of the Deposit, except arising from the negligence of the brokerage or lawyer.
4.
CLOSING
4.1
Unless otherwise agreed in writing, this Contract will be completed, the Purchase Price will be fully paid and vacant possession will be available by: noon on the _______________________________________________ day of __________________________________________________, ___________, (the "Completion Day"), subject to the rights of the existing tenants, if any.
4.8 The Seller will pay the costs to prepare the closing documents; to prepare, register and discharge any Seller's caveat based on this Contract; and to provide the documents described in clause 4.11. 4.9 The Buyer will pay the costs to prepare, register and discharge any Buyer's caveat based on this Contract; and to register the transfer of land. 4.10 If the Property is rented and the Buyer is not assuming the tenancy, then the Seller is responsible for all costs related to ending the tenancy and to giving vacant possession to the Buyer. 4.11 At least ten (10) Business Days prior to the Completion Day, the Seller will provide the Buyer, regarding the matters described in clause 6.1, a real property report reflecting the current state of improvement on the Property, according to the Alberta Land Surveyors’ Manual of Standard Practice, with evidence of municipal compliance or non-conformance. This obligation will not apply to condominium units that do not create a lot or will not apply to any transaction where there are no improvements on the land. 4.12 Notwithstanding the closing provisions in this Contract, the parties authorize their lawyers to follow, if appropriate, the Law Society of Alberta Conveyancing Protocol in the closing of this transaction. 5.
6.
WARRANTIES AND REPRESENTATIONS
6.1
The Seller represents and warrants to the Buyer that: (a) the Seller has the legal right to sell the Property;
When the Buyer obtains possession, the Property will be in substantially the same condition as it was in when this Contract was accepted. 4.2
4.3
(b) the Attached Goods and included Unattached Goods are in normal working order and are free and clear of all encumbrances;
Items which are normally adjusted for, such as real estate taxes, amortized local improvement levies, utilities, rents, security deposits, statutory interest on security deposits, mortgage interest, homeowners association fees and monthly condominium contributions, will be assumed by the Buyer and will be adjusted as of 24:00 hours on the Completion Day.
(c) the Seller is not a non-resident of Canada for the purposes of the Income Tax Act (Canada); (d) the current use of the Land complies with the existing municipal land use bylaw; (e) the Buildings and other improvements on the Land are not placed partly or wholly on any easement or utility right-of-way and are entirely on the Land and do not encroach on neighbouring lands, except where an encroachment agreement is in place;
The Seller and the Seller's lawyer will deliver normal closing documents to the Buyer or the Buyer's lawyer upon reasonable conditions consistent with the terms of this Contract. The Buyer must have a reasonable period of time before the Completion Day to confirm registration of documents at the Land Titles Office and to obtain the advance of proceeds for any New Financing and Other Value.
4.4 If the Seller fails to deliver the closing documents according to clause 4.3, then payment of the Purchase Price and Interest will be postponed until the Buyer has received the closing documents and has a reasonable period of time to register them. 4.5 If the Buyer has not paid all of the Purchase Price, then the Seller may give the Buyer possession upon reasonable terms. ______________ Seller’s Initials
INSURANCE
5.1 The risk of loss or damage to the Property shall lie with the Seller until the Purchase Price is paid according to the terms of this Contract. If loss or damage to the Property occurs before the Seller is paid the Purchase Price, then any insurance proceeds shall be held in trust for the Buyer and the Seller according to their interests in the Property.
(f) the location of Buildings and other improvements on the Land complies with all relevant municipal bylaws, regulations or relaxations granted by the appropriate municipality prior to the Completion Day, or the Buildings and other improvements on the Land are "non-conforming buildings" as that term is defined in the Municipal Government Act (Alberta); and (g) $_________________ is the current monthly condominium contribution payable (fee for administrative and other expenses). 6.2
All of the warranties contained in this Contract and any attached Schedules are made as of and will be true at the Completion Day, unless otherwise agreed in writing.
______________ Buyer’s Initials
Page 2 of 4
# _________________________
Purchase Contract Number 6.3
6.4
ADDITIONAL TERMS
7.1
All time periods, deadlines and dates in this Contract shall be strictly followed and enforced. All times will be Alberta time unless otherwise stated.
7.2
This Contract is for the benefit of and shall be binding upon the heirs, executors, administrators and assigns of the individual parties and the successors and assigns of corporate parties.
7.3
All changes of number and gender shall be made where required.
7.4
This Contact will be governed by the laws of the Province of Alberta. The parties submit to the jurisdiction of the Courts in the Province of Alberta in any dispute that may arise out of this transaction.
7.6
This Contract is subject to the Buyer's Condition regarding Condominium Documents, as per attached Condominium Property Schedule. q Yes q No
The Seller and the Buyer each acknowledge that, except as otherwise described in this Contract, there are no other warranties, representations or collateral agreements made by or with the other party, the Seller's brokerage and the Buyer's brokerage about the Property, any neighbouring lands, and this transaction, including any warranty, representation or collateral agreement relating to the size/measurements of the Land and Buildings or the existence or non-existence of any environmental condition or problem.
7.
7.5
(c) Condominium Documents Condition
The representations and warranties in this Contract may be enforced after the Completion Day, provided that any legal action is commenced within the time limits prescribed by the Limitations Act (Alberta).
Before 9 p.m. on ___________________________________________ (the "Condition Day"). (d) Sale of Buyer’s Home Condition This Contract is subject to the sale of the Buyer's home, as per attached Sale of Buyer's Home Schedule. q Yes q No Before 9 p.m. on ___________________________________________ (the "Condition Day"). (e) Additional Buyer's Conditions: _______________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________
The Schedules form part of this Contract: q Financing Schedule
q Property Schedule
q Addendum
q Condominium Property Schedule
__________________________________________________________ __________________________________________________________ __________________________________________________________
Additional terms of sale (if any): ____________________________________
__________________________________________________________
______________________________________________________________
Before 9 p.m. on ____________________________________________ (the "Condition Day").
______________________________________________________________ ______________________________________________________________ ______________________________________________________________
8.2
The Seller's Conditions are: _____________________________________ ______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
8.
CONDITIONS
______________________________________________________________
8.1
The Buyer's Conditions are:
______________________________________________________________ Before 9 p.m. on ________________________________________________ (the "Condition Day").
(a) Financing Condition The Buyer will apply and be approved for New Financing as follows: l
as per clause 2.2 (plus applicable mortgage insurance fee, if any)
l
interest rate not to exceed __________ percent a year calculated semi-annually not in advance
l
8.3
Unless otherwise agreed in writing, the Buyer's Conditions are for the sole benefit of the Buyer and the Seller's Conditions are for the sole benefit of the Seller.
8.4
The Buyer and the Seller may unilaterally waive or satisfy their Conditions by giving a Notice to the other party (the "Notice") on or before the stated Condition Day.
8.5
Provided that the Buyer or the Seller, as the case may be, uses reasonable efforts to satisfy the Condition(s), if the Notice has not been given on or before the stated Condition Day, then this Contract is ended.
9.
REMEDIES/DISPUTES
9.1
If the Seller or the Buyer fails or refuses to complete this Contract according to its terms, then the other party may pursue all available remedies. The Seller's remedies include keeping the Deposits and claiming additional damages. Both the Seller and the Buyer can claim reasonable costs including legal fees and disbursements on a solicitor/client full indemnity basis.
9.2
If the Seller must restore title to the Property, enforce a lien against the Property or regain possession of the Property due to the Buyer's default, then the Buyer will pay the Seller's reasonable costs including legal fees and disbursements on a solicitor/client full indemnity basis.
a term of not less than ______________________________ years
Monthly payment of principal and interest not to exceed $ ___________ _________________________________________________________ (including mortgage insurance fee, if applicable) for an amortization of 25 years. The Buyer will pay for all costs associated with the New Financing. Before 9 p.m. on ___________________________________________ (the "Condition Day"). (b) Property Inspection Condition This Contract is subject to the Buyer's approval of a Property Inspection, as per attached Property Inspection Schedule. q Yes q No Before 9 p.m. on ___________________________________________ (the "Condition Day"). ______________ Seller’s Initials
______________ Buyer’s Initials Page 3 of 4
# _________________________
Purchase Contract Number 10. ADVICE/DISCLOSURE 10.1 This Contract is intended to create binding legal obligations. The Seller and the Buyer should read this Contract carefully and are encouraged to obtain legal advice before signing. 10.2 The Buyer may wish to obtain an independent property inspection and verify the measurements of the Property. 10.3 Unless there is a dual agency or another written agreement, the Seller's brokerage represents the Seller as Seller's Agent and does not have a fiduciary relationship with the Buyer, and the Buyer's brokerage represents the Buyer as Buyer's Agent and does not have a fiduciary relationship with the Seller. 10.4 The Seller and the Seller's brokerage have signed a Listing Contract. The Seller directs the Seller's lawyer to honour the terms of the Listing Contract and in particular to close the transaction according to the irrevocable assignment of the Purchase Price contained in the Listing Contract. 10.5 The Buyer and Seller agree that the sale and other related information regarding this transaction may be retained and disclosed by the brokerage and/or the real estate boards(s) as required for closing and for reporting, appraisal and statistical purposes. 10.6 This Contract may be signed and sent by fax and this procedure will be as effective as signing and delivering an original copy.
13.
11.
Buyer
DEFINITIONS
11.1 In this Agreement: (a) Business Day means a day when both the Land Titles Office and the Schedule I chartered banks are open for business. (b) Buyer's Agent means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Buyer. (c) Commission means the sum owing from the Seller for services rendered under the Listing Contract plus GST. (d) Completion Day is the day described in clause 4.1. (e) Deposits mean the Initial Deposit plus all Additional Deposits. (f) Seller's Agent means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Seller. (g) Unless otherwise agreed in writing means a written agreement by letter or otherwise between the Seller or the Seller's lawyer and the Buyer or the Buyer's lawyer.
Buyer's Representative: ______________________________________________________________ Broker, associate broker or agent registered to the brokerage
Brokerage Name ________________________________________________ Brokerage Address ______________________________________________ ______________________________________________________________ (postal code)
Phone ______________________________ Fax ______________________ OFFER
13.1 The Buyer offers to buy the Property for the Purchase Price according to the terms of this Contract. 13.2 This offer / counter offer shall be open for acceptance in writing until ___________.m. on __________________________________, __________. SIGNED AND DATED at ______________________________________, Alberta at __________.m. on the ___________ day of _______________________, _______. _________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
Print Name of Buyer
Buyer
Print Name of Buyer
14.
Witness
Print Name of Witness
Witness
Print Name of Witness
ACCEPTANCE
14.1 The Seller accepts the Buyer's offer and agrees to sell the Property for the Purchase Price according to the terms of this Contract. SIGNED AND DATED at ______________________________________, Alberta at
12. REPRESENTATIVES/NOTICE Note: This section must be completed at the offer stage prior to the Contract being signed. 12.1 The Representatives identified in clause 12.2 represent the Seller and the Buyer. 12.2 For the purposes of giving and receiving any notice referred to in this Contract, and for acceptance of an offer to purchase, communication must be in writing and must be delivered to the address or faxed to the number described below. A notice sent or received by a Representative is proper notice for the purposes of this Contract.
__________.m. on the ___________ day of _______________________, _______.
Seller's Information:
Print Name of Seller
_________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
Seller
Print Name of Seller Seller
Witness
Print Name of Witness Witness
Print Name of Witness
Seller's Address ________________________________________________
15.
______________________________________________________________
15.1 Final signing of this Contract occurred at ____________________ .m. on _______________________________________________, __________.
(postal code)
Phone ____________________________ Fax ________________________ Seller's Representative:
FINAL SIGNING
Initials of the person(s) who signed last ________________________
______________________________________________________________ Broker, associate broker or agent registered to the brokerage
Brokerage Name ________________________________________________
CONVEYANCING
Brokerage Address ______________________________________________
Seller's Lawyer ______________________________________________________
______________________________________________________________
Lawyer's Address ____________________________________________________
(postal code)
Phone ____________________________ Fax ________________________ Buyer's Information:
(postal code)
Lawyer's Phone ___________________________ Fax ______________________
Buyer's Address ________________________________________________
Buyer's Lawyer ______________________________________________________
______________________________________________________________
Lawyer's Address ____________________________________________________
Phone _____________________________ Fax _______________________
Lawyer's Phone ___________________________ Fax ______________________
(postal code)
(postal code)
Page 4 of 4
SALE OF BUYER’S HOME This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________
1.
The Buyer owns land (the Buyer’s Home) described as: Municipal address: ________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Legal description: Plan ____________________________________ Block _______________________ Lot/Unit ____________________ Legal Legal Condominium Plan(s) ________________________________________ Unit No.(s) ______________ Parking Unit(s) ________________ Other ___________________________________________________________________________________________________________
2.
The Buyer's Home is listed (or will be listed within 24 hours of acceptance of this Contract) with: ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ at an asking price of (or not more than) $ ______________________________________________________________________________
3.
"Sell the Buyer's Home" means the Buyer has signed a legally binding and enforceable contract and that all conditions have been either satisfied or waived by a properly given notice.
4.
The Seller's brokerage will continue to market the Property and the Seller may sign another Real Estate Purchase Contract (the "Second Contract") until the Buyer gives notice (the "Notice") that all conditions have been satisfied or waived according to the Purchase Contract.
5.
The Second Contract may contain a Buyer's Condition(s).
6.
If the Seller signs the Second Contract, then: -
the Seller will give notice (the Seller's Notice) to the Buyer; and within _______________ hours of receiving the Seller's Notice, the Buyer must give a Buyer's Notice waiving, as per the Contract, all of the Buyer's Conditions contained in this Purchase Contract.
7.
If the Buyer gives the Buyer's Notice properly, according to the Purchase Contract, then this Contract will be enforceable and will be completed according to its terms.
8.
If the Buyer fails to give the Buyer's Notice properly, then this Contract is ended, the Deposits must be returned to the Buyer as soon as reasonably possible and the Buyer and the Seller will have no further obligations or liabilities under this Contract.
Dated at ______________________________, Alberta this _______________ day of ________________________________, _____________. _________________________________________________
_____________________________________________________________
Buyer
Witness
_________________________________________________
_____________________________________________________________
Buyer
Witness
_________________________________________________
_____________________________________________________________
Seller
Witness
_________________________________________________
_____________________________________________________________
Seller
Witness January 2004
SELLER’S NOTICE/BUYER’S NOTICE For Use With “Sale of Buyer’s Home” Schedule
SELLER’S NOTICE TO:
_____________________________________________________________________________________________________ (Buyer)
FROM: _____________________________________________________________________________________________________ (Seller) RE:
___________________________________________________________________________________________ (Municipal Address) ____________________________________________________________________________________________ (Legal Description)
The Residential Real Estate Purchase Contract # __________________________ accepted the _________________ day of ____________________________________________________________________________________, _________________ (the "Contract"). I/We have accepted another Residential Real Estate Purchase Contract (the "Second Contract") regarding the Property. You have _________________ hours from receipt of this Seller's Notice to waive all of the Buyer's Conditions in the Purchase Contract. If you do not give the Notice within the agreed time, then the Purchase Contract # ___________________________ is ended, the Deposits must be returned to you as soon as reasonably possible and neither of us will have any further obligations or liabilities under the Contract. _______________________________________________________
_____________________________________________________________________
Seller
Witness
_______________________________________________________
_____________________________________________________________________
Seller
Witness
The Seller signed at _______________. m on _____________________________________________________________, ________________.
BUYER’S NOTICE I/We waive all of the Buyer's Conditions in the Purchase Contract # _____________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ _______________________________________________________
_____________________________________________________________________
Buyer
Witness
_______________________________________________________
_____________________________________________________________________
Buyer
Witness
The Buyer signed at _______________. m on _____________________________________________________________, ________________. OR I/We agree that the Contract is ended and that you, the Seller, are free to proceed to complete the Second Contract. _______________________________________________________
_____________________________________________________________________
Buyer
Witness
_______________________________________________________
_____________________________________________________________________
Buyer
Witness
The Buyer signed at _______________. m on _____________________________________________________________, ________________.
Notice must be given as described in clause 12.2 of the Purchase Contract. January 2004
The Agency Relationship REALTORS work within a legal relationship called agency. The agency relationship exists between you, the Client, and the brokerage, your Agent. The essence of the agency relationship is that the Agent has the authority to represent the Client in dealings with others. Agents are obligated to protect and promote the interests of their clients as they would their own. Specifically, the Agent has the following fiduciary duties: (1) Loyalty. The Agent must protect the Client’s negotiating position at all times, and disclose all known facts which may affect or influence the Client’s decision. (2) Obedience. The Agent must obey all lawful instructions of the Client. (3) Confidentiality. The Agent has an obligation to keep the confidences of the Client. (4) Reasonable care and skill in performing all assigned duties. (5) Full disclosure of information that might affect the value of the property. (6) Full accounting for all money and property placed in the Agent’s hands while acting for the Client. You can expect competent service from your Agent, knowing that the brokerage is bound by ethics and the law to be honest and thorough in every real estate transaction. This approach is reflected in the standard real estate contracts produced by the Alberta Real Estate Association. Please feel free to ask your REALTOR to show you the contracts appropriate to your real estate transaction. The Client, as well, has duties towards the Agent. (1) You have the duty to compensate the Agent for the expenses that the Agent incurs as a result of carrying out the Agent's responsibilities. (2) You have the duty to pay the agreed-upon remuneration or compensation as outlined in the signed contract. In addition, you have a duty to disclose material facts to the Third Party in the real estate transaction.
Single Agency
Acknowledgment
Brokerage
Brokerage
A broker, associate broker, or agent
A broker, associate broker, or agent
In real estate sales, the Dual Agent: (a) will not, without prior written permission of the applicable Client, disclose to the other Client(s): (i)
Client (Seller or Landlord)
Client (Buyer or Tenant)
Single Agency occurs when both Buyer and Seller (Landlord and Tenant) are represented by their own Agent in a real estate transaction. Each Agent owes full fiduciary duties to its own Client.
Dual Agency Dual Agency occurs when one brokerage, trading in real estate from one or more locations, represents two parties with respect to the potential purchase/lease of a property. Brokerage One broker, associate broker, or agent
Client
Brokerage A broker, associate broker, or agent
Client
One individual representing two (or more) clients in the same transaction
Client
A broker, associate broker, or agent
Client
Two individuals working for the same brokerage in the same transaction
Since the brokerage is working for both parties, it is necessary to limit (as described below) the fiduciary duties owed to both Clients. These limitations on the fiduciary duties will also apply for buyers when one brokerage represents two or more buyers.
that the Seller will accept a price less than the asking price (or a countered selling price),
(ii) that the Buyer will pay a price higher than the price offered, (iii) the reason the Seller is selling and the Buyer is buying, and (iv) the terms and conditions of competing offers. (b) will disclose to both parties all facts known to the Dual Agent that materially affect or may materially affect the marketability or value of the property. In leasing transactions, the Dual Agent: (a) will not, without prior written permission of the applicable Client, disclose to the other Client(s): (i)
that the Landlord will accept a price lower than the asking rate (or a countered asking rate),
(ii) that the Tenant will pay a price higher than the rate offered, (iii) the reason the Landlord is leasing and the Tenant is seeking to lease, and
I have received an explanation of agency relationships and have read the brochure “Agency Disclosure”.
In accordance with the disclosure in the brochure, I acknowledge that:
,(brokerage name)
represented by: (name of broker, associate broker, or agent registered to the brokerage)
may act as a Dual Agent in possible real estate transactions, in addition to their role as: ____ Seller’s Agent
____ Buyer’s Agent
____ Landlord’s Agent ____ Tenant’s Agent
(signed)
(signed)
(iv) the terms and conditions of competing offers. (b) will disclose to both parties all facts known to the Dual Agent that materially affect or may materially affect the marketability or value of the property.
(date) This panel is to be detached and retained in the Agent’s (brokerage) files.
Unrepresented Parties The Seller/Landlord may wish to act on its own behalf. In this situation, the Seller/Landlord understands that the brokerage (including its broker, associate brokers, and agents) represents the Buyer/Tenant as Buyer's Agent/Tenant's Agent and owes no duties to the Seller/Landlord.
The Landlord is the Client who engages a brokerage to act on behalf of the Landlord when offering to lease real estate.
The Buyer/Tenant may wish to act on its own behalf. In this situation, the Buyer/Tenant understands that the brokerage (including its broker, associate brokers, and agents) represents the Seller/Landlord as Seller's Agent/Landlord's Agent and owes no duties to the Buyer/Tenant.
The Tenant is the Client who engages a brokerage to act on behalf of the Tenant when leasing real estate.
Definitions Under the Law of Agency: l the Agent is the individual or entity who works on behalf of another individual or entity (e.g. the brokerage). l the Principal is the individual or entity on whose behalf the Agent works; also called the Client. l the Third Party is the individual or entity who is not represented by an Agent or is represented by a different Agent. In Alberta, a broker / associate broker / agent is licensed under the Real Estate Act and registered to a licensed real estate company called the brokerage. The Seller is the Client who engages a brokerage to act on behalf of the Seller when selling real estate. The Seller's Agent represents the Seller and is the licensed brokerage including the broker, associate brokers, and agents registered to it. The Buyer is the Client who engages a brokerage to act on behalf of the Buyer when buying real estate. The Buyer's Agent represents the Buyer and is the licensed brokerage including the broker, associate brokers, and agents registered to it.
The Landlord's Agent represents the Landlord and is the licensed brokerage including the broker, associate brokers, and agents registered to it.
The Tenant's Agent represents the Tenant and is the licensed brokerage including the broker, associate brokers, and agents registered to it. A Dual Agent represents both the Seller and the Buyer (or the Landlord and the Tenant), or more than one buyer or tenant, and is the licensed brokerage including the broker, associate brokers, and agents registered to it. The singular terms "The Seller" and "The Buyer" or "The Landlord" and "The Tenant" include the plural where applicable. Buyers are sometimes referred to as purchasers; sellers are sometimes referred to as vendors. Brokers, associate brokers, and agents can use the term REALTOR only if they belong to a local real estate board, and its provincial and national real estate associations, that enforce a strict code of ethics and standards of business practice.
Advice to Buyer and Seller, Landlord and Tenant l Carefully read all documents and understand what you are signing. l If you need special or expert advice, seek other professionals such as lawyers, notaries, accountants, property inspectors, environmental assessors, contractors, engineers, and surveyors.
AGENCY DISCLOSURE Members of the Canadian Real Estate Association are required to abide by a strict Code of Ethics and Standards of Business Practice, which serves to protect the buying and selling public alike. One of the ethical obligations embodied in the Code requires that REALTORS disclose who they are representing in a real estate transaction. Article 3 states: A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the customer or other party to the transaction. The REALTOR shall also disclose his or her role to other REALTORS involved in the transaction. September 2002 The Alberta Real Estate Association
The Alberta New Home Warranty Program MANDATORY CLAUSES for all Sales Contracts for Residential Housing* APPENDIX A Deposit Protection The Builder confirms to the Purchaser(s) that it is a Registered Builder Member of The Alberta New Home Warranty Program (the “Program”) and that payments made by the Purchaser(s) to the Builder are protected under the Deposit Protection of the Program, subject to the terms, conditions, limits and exclusions of the Deposit Protection Certificate. The terms of the Deposit Protection Certificate are printed on Schedule A. Builder Performance Protection The Builder confirms to the Purchaser(s) that it is a Registered Builder Member of The Alberta New Home Warranty Program (the “Program”), and that the Home to be constructed under this Agreement will be protected under the Builder Performance Protection of the Program, subject to the terms, conditions, limits and exclusions of the Builder Performance Protection Certificate. The terms of the Builder Performance Protection Certificate are printed on Schedule B. Warranty The Builder agrees to provide the Builder Warranty set forth in detail in the Warranty Certificate appearing on Schedule C of this Agreement as the minimum requirement on the part of the Builder. The Builder may provide warranty coverage in addition to the minimum required in the said Warranty and in such event, the additional warranty coverage shall be contained in an addendum in writing signed by the Builder and attached to this Agreement. Additional coverage is provided solely by the Builder and The Alberta New Home Warranty Program does not warrant the Home beyond the terms, conditions, limits and exclusions contained in the Warranty Certificate appearing on Schedule C. Arbitration If any dispute arises between the Builder and the Purchaser(s) with respect to any matter in relation to this Agreement, the dispute shall be settled through binding arbitration in accordance with arbitration rules adopted by The Alberta New Home Warranty Program (the “Program”), provided that, where the dispute is in relation to the Builder Warranty, the dispute shall not be referred to arbitration until it has first been referred to and reported on, under the conciliation procedure provided by The Alberta New Home Warranty Program. A copy of the arbitration rules as adopted by The Alberta New Home Warranty Program shall be furnished to both parties for the commencement of an arbitration, the selection of an agreed single arbitrator and the arbitration hearing. It is expressly agreed that the arbitration by the single arbitrator shall be final and binding on both parties. Purchaser(s) Acknowledgment The Purchaser(s) acknowledge(s) that it has read and understand the terms, conditions, limits and exclusions that are specified in the Deposit Protection Certificate, Builder Performance Protection Certificate, and the Warranty Certificate, as printed on Schedules A, B, and C, respectively. __________________________________ *Do not use in sale agreements for condominiums. The Alberta New Home Warranty Program 04/96
__________________________________
Appendix A - Schedule A
DEPOSIT PROTECTION The Alberta New Home Warranty Program (hereinafter called the “Program”) undertakes to and agrees with the Purchaser(s) (herein called “Purchaser”) named in the Purchase Agreement or Construction Agreement to which this Certificate is appended (herein called the “Agreement”) that, subject to the limits, conditions and exclusions set out below, if payment(s) paid by the Purchaser to the Builder become legally refundable and the Purchaser is unable to collect from the Builder, the Program will pay the Purchaser’s actual loss. 1.
Conditions (a) In this Deposit Protection a “Deposit” is defined as only money (Canadian dollars) paid by the Purchaser to the Builder as a deposit for the purchase of the Home under the Agreement. Only the initial Deposit and Deposit confirming removal or satisfaction of conditions, as described and indicated in the Agreement and the Deposit Protection Receipt are covered. Things such as real or personal property, trade in property of any kind, work, materials or services provided by the Purchaser, rentals, payments for use and occupancy, or setoffs in favour of the Purchaser are not considered Deposits. (b) The Builder must be a Registered Builder Member of the Program at the time the Deposit is made by the Purchaser and it is the responsibility of the Purchaser to ensure that the Builder is a Registered Builder Member of the Program. (c) The Purchaser shall: (i) claim against the Program for repayment of a Deposit within one (1) year from the date of the Agreement; (ii) at the request of the Program, assign to the Program any security position, judgment, the Agreement, caveat or equity security held under the Agreement or any contract with the Builder in the event of refund of a Deposit; (iii) comply with all of the obligations, terms, covenants and conditions imposed upon them under the Agreement or this Deposit Protection; and (iv) ensure that the Program’s copy of the Deposit Protection Receipt is mailed or delivered to the Program within three (3) days of the date that the Deposit Protection Receipt is signed by the Builder and the Purchaser.
2.
Limits and Exclusions (a) No claim may be made where the Purchaser has defaulted in any of the obligations under the Deposit Protection Receipt, the Agreement or mortgage financing for the Home. (b) No claim may be made by the Purchaser after the expiration of a period of one (1) year from the date of the Agreement. (c) The Deposit Protection ends when all conditions are released on the Agreement, and thereafter the terms and conditions of the Program’s Builder Performance Protection apply. (d) The limit of liability of the Program, for all Deposit Protection Receipts issued pursuant to the Agreement, is to refund the lesser of: the actual loss to the Purchaser for Deposit(s) made to the Builder; or 15% of the Total Price of the Home including Land under the Agreement to a maximum of $60,000.00.
3.
Arbitration If any dispute arises between the Builder and the Purchaser or between the Program and the Purchaser with respect to any matter in relation to this Deposit Protection, the dispute shall be settled by binding arbitration by a single arbitrator in accordance with the rules adopted by the Program. It is expressly agreed that the arbitration by a single arbitrator shall be final and binding on the parties.
The Alberta New Home Warranty Program #201, 208 - 57 Avenue SW, Calgary, AB T2H 2K8 Telephone in Calgary: (403) 253-3636 or call toll free 1-800-352-8240 In Edmonton: (780) 484-0572
February 1996
Appendix A - Schedule B
BUILDER PERFORMANCE PROTECTION The Alberta New Home Warranty Program (hereinafter called the "Program") undertakes to and agrees with the Purchaser(s) (hereinafter called the "Purchaser") named in the Agreement to which this Certificate is appended (hereinafter called the "Agreement") that in the event that the Builder (hereinafter called the "Builder") named in the Agreement defaults in: 1. completing the requirements of the Agreement in accordance with its terms, covenants and conditions; or 2. paying all sub-trades and suppliers (hereinafter called the "Sub-Contractors") according to law and in compliance with governing statutes; the Program will, subject to the limits and conditions and exclusions set out below: (a) settle as agent of the Purchaser any claims of any Sub-Contractors to the extent required of an owner under the Builders' Lien Act of Alberta R.S.A. 1980 c. B-12 to clear title of any builders' liens filed against the Home being constructed under the Agreement; and (b) complete the construction of the Home in accordance with the Agreement and the plans and specifications pursuant to the Agreement, subject to any reasonable changes required as to the time of completion or other parts of the Agreement as might reasonably be required according to the circumstances in the sole opinion of the Program.
CONDITIONS OF BUILDER PERFORMANCE PROTECTION 1.
BUILDER MEMBERSHIP
(f) cooperate with the Program under any settlement or completion agreement after a default by the Builder including: providing a full accounting of monies paid under the Agreement; the payment to the Program of all purchase monies which are due or which are to become due to the extent of the total price under the Agreement; and turn over all documents relating to the Agreement;
The Builder named in this protection must be a Registered Builder Member of the Program at the time the Agreement is signed with the Purchaser. 2. PURCHASER'S OBLIGATIONS
(g) if requested will promptly inform the Program of the name of any mortgage lender or source of funding at the time such funding is obtained or approved;
The Purchaser shall: (a) claim against the Program for performance of this protection by completion of the Request for Builder Performance Protection Assistance form of the Program within one (1) year from the earlier of the date the Builder defaults under the Agreement or the date the Purchaser takes possession of the Home;
(h) agree to any reasonable changes to the Agreement to allow for the orderly clearance of title or completion of construction including necessary extensions to the completion date after a Builder default and will sign any documents as may reasonably be required by the Program for this purpose;
(b) comply with all of the terms. covenants and conditions of the Agreement;
(i) agree that any dispute arising from the settlement proceedings under a Builder's default, including clearance of title and completion of the Home being constructed, shall be settled by binding arbitration under rules of arbitration adopted by the Program;
(c) conduct themselves prudently and according to law in complying with the Agreement or any extra or related agreement with the Builder and in general make use of any law, statute or trust which may exist to protect a Purchaser under a residential construction agreement by public statute or common usage or custom in the conduct of such business matters (i.e., seasonal, deficiency or lien holdbacks, title trust conditions, etc.); (d) agree to appoint the Program as their duly authorized agent upon its request for any reasonable purpose including the filing of a Purchaser's caveat under the Land Titles Act, dealing with Sub-Contractors; (e) agree to subrogate their rights in law against the Builder, SubContractors or any other third party in favour of the Program relating to the Agreement or sub-agreements of any kind, and agree that the Program may carry on any court proceeding or arbitration in the name of and on behalf of the Purchaser at the sole cost and expense of the Program;
(j) subject to reimbursement of reasonable expenses as determined in the sole opinion of the Program, cooperate in acting as a witness and providing documents or other information with respect to any court or arbitration proceedings in relation to the Builder, the Agreement or the coverage provided by this Builder Performance Protection. 3.
BUILDER DEFAULT Builder default under the Agreement, giving rise to a claim for Builder Performance Protection by the Program, occurs: (a) if after a payment by the Purchaser the Builder, in the sole arbitrary opinion of the Program, becomes insolvent or in any way incapable of completing its obligations to the Purchaser, the Program or others in a proper or timely manner; Page 1 of 2
(g) No claim may be made by the Purchaser under this protection with respect to: completion of the purchase of any real or personal property, such as a house, mobile home or otherwise taken in trade pursuant to the Agreement; the guaranteed purchase or sale of the Purchaser's real or personal property such as a house, mobile home or otherwise; mortgage buydowns; real estate commission; referral fees; mortgage insurance fees (CMHC or otherwise); landscape deposit or any other deposits required by the developer of the lands for the Home; all of which are specifically excluded from this protection.
(b) if after the making of a payment to the Builder, the Builder commits any act of fraud or a judgment of a court of competent jurisdiction makes a finding of fraud (civil or criminal) against the Builder; (c) if the Builder commits any act of bankruptcy or becomes bankrupt; (d) if the Builder fails to pay its Sub-Contractors promptly when due or permits builders' liens arising under the Builder to be filed against the Home under construction for a period exceeding 30 days;
(h) The Total Price required to be paid under the Agreement by the Purchaser must be paid in Canadian dollars and any trades or purchases of real or personal property between the Purchaser and the Builder or others are excluded.
(e) if any final judgments or executions are obtained or taken against the Builder which are not settled, deferred or satisfied within any appeal period applicable to such judgments; (f) if a receiver or receiver/manager is appointed by any creditor or court of competent jurisdiction to operate, manage, oversee or administer the business of the Builder; (g)
5.
The protection shall be voided automatically if:
if the Builder makes any arrangement, compromise or settlement with its creditors deferring, altering or extending the time or amount of payment due to them:
(a) the Purchaser is in default of any of their obligations set out in this protection or in the Agreement or in any obligation to the financial institution providing mortgage financing for the Home; or
(h) if the Builder abandons the construction or defaults under any of its other covenants in the Agreement without just cause.
4.
(b) the Purchaser or the Builder amend or alter in any way this protection; or
LIMITS AND EXCLUSIONS (a)
(c) after termination of the membership of the Builder in the Program the Purchaser elects to continue with the Builder for the construction of the Home; or
No claim may be made under this protection where the Purchaser has defaulted or is in breach of any of their obligations pursuant to the Agreement or the requirements for mortgage financing for the Home.
(d) the Purchaser knowingly enters the Agreement or any other agreement with the Builder which is misleading, untrue, or fraudulent resulting in damage, loss or excess cost to the Program or to a mortgage lender.
(b) No claim may be made by the Purchaser under this protection where the Purchaser has received a refund of any payment in whole or in part under the Program's Deposit Protection. (c) No claim may be made by the Purchaser under this protection against the Program after the expiration of a period of one (1) year following the earlier of the date of the default by the Builder or the date of possession of the Home by the Purchaser. (d) The coverage granted under this protection by the Program is limited to clearance of builders' liens and completion of construction. The Program is not liable for any other damages, costs or expenses whatsoever to the Purchaser arising from a default by the Builder. (e) The limit of liability of the Program for the clearance of builders' liens and the completion of the Home under construction (including reasonable excess legal costs of the Purchaser as approved by the Program to a maximum of' $3,000.00) is $30,000.00. (f) If in the sole opinion of the Program there has been minimal initial construction of the Home pursuant to the Agreement, then the Program reserves the right to terminate this Builder Performance Protection and provide only the required payment to the Purchaser under the Program's Deposit Protection.
TERMINATION
6.
NO ASSIGNMENT This Builder Performance Protection cannot be assigned by the Purchaser without the written consent of the Program which consent may be denied in the absolute discretion of the Program.
7.
ARBITRATION If any dispute arises with respect to any matter in relation to this protection, the dispute shall be settled by binding arbitration by a single arbitrator in accordance with arbitration rules adopted by the Program. It is expressly agreed that the arbitration shall be final and binding on all parties. The costs of the arbitration, including the arbitrator's fee, shall be borne by the parties to the arbitration but a final award of costs shall be in the discretion of the arbitrator. December 2001
Page 2 of 2
Appendix A - Schedule C
SINGLE FAMILY RESIDENCE WARRANTY CERTIFICATE General Warning: Please read this Certificate carefully. It contains limits, exclusions and notice requirements. The protections available under this Warranty Certificate are time limited. 1.
DEFINITIONS In this Warranty: (a) “Arbitration” means a binding arbitration in accordance with the rules and procedures adopted by the Program; (b) “Builder” is the Builder named on your Certificate of Possession; (c) “Certificate of Possession” is the Program’s form of Certificate of Possession for the Home provided to the Homeowner by the Builder on or about the actual Date of Possession of the Home by the Homeowner; (d) “Conciliation” means an inspection and a written report issued by the Program that provides a binding decision regarding warranty issues in dispute with respect to Defects and Structural Defects in the Home as provided in this Warranty Certificate. A Conciliation includes, in the case of a Structural Defect, a written Structural Integrity Protection report; (e) “Date of Possession” is the earlier of the date the Purchaser occupies the Home or the Date of Possession described in the Certificate of Possession. The Purchaser shall sign a Certificate of Possession prior to taking possession of the Home. In the event that a Certificate of Possession is not signed or provided to the Program, the Program shall, in its sole discretion, determine the Date of Possession and such date shall be binding upon the Builder and the Purchaser; (f) “Defects” are workmanship and material which are not in compliance with the Program’s Workmanship and Material Guidelines or were noted on the Certificate of Possession and have not been resolved or are not in compliance with the Alberta Building Code in effect as at the date the building permit was issued for the Home or any condition which renders the Home not fit for use as determined by the Program in its sole discretion. Non-compliance with the Alberta Building Code is considered a Defect covered by this Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to result in, material damage to the Home; (g) “Equipment” is all of the mechanical and electrical systems or equipment installed in the Home and without restricting the generality of the foregoing, includes any mechanical, electrical, communication, security, elevator, heating, ventilating, irrigation or appliance systems and components; (h) “Home” is the residential dwelling constructed by the Builder at the address recorded on this Warranty Certificate and described in the Certificate of Possession; (i) “Homeowner” is the registered legal owner of the Home; (j) “Load Bearing Part” is the support system of the Home capable of transmitting live and dead loads to the supporting ground as determined by the Program from the plans and specifications of the Home and includes only the footings, piles, foundation walls, grade beams, teleposts, load bearing walls, beams, floor systems and roof trusses; (k) “Program” means The Alberta New Home Warranty Program; (l) “Structural Defect” is a Defect in material or workmanship that results in damage due to the failure of a Load Bearing Part to provide stable and adequate support in the Home or is not in compliance with the Alberta Building Code in effect as at the date the building permit was issued for the Home. Excluded are driveways, decks, basement and garage floors, patios, sidewalks, retaining walls and all other concrete work which is not a Load Bearing Part. Non-compliance with the Alberta Building Code is considered a Defect covered by this Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to result in, material damage to the Home.
2.
BUILDER WARRANTY (a) The Builder warrants that the Home was built to the construction standards of the Alberta Building Code in effect at the date the building permit was issued for the Home. (b) The Builder agrees to repair or replace Defects or Structural Defects in the Home where written notice has been given to the Builder in accordance with paragraphs 4(a) and 4(b) below. (c) The Builder shall assign to the Homeowner any limited warranty provided to it by a manufacturer or supplier. The scope of the Builder’s obligation to the Homeowner under a manufacturer’s or supplier’s material warranty shall be limited to the terms and conditions contained therein.
July 2001 Version
The Alberta New Home Warranty Program
Page 1 of 5
(d) The following are Not Defects or Structural Defects: (i) (ii)
Any workmanship, design or material, provided or contracted directly by the Homeowner with a supplier, manufacturer or tradesperson; Damage arising from improper or inadequate maintenance by the Homeowner including damage caused by, or resulting from, failure to maintain proper grading of the ground, failure to make necessary telepost adjustments, water leakage or drainage, inadequate water/moisture seals, or the failure of the Homeowner to repair and maintain the Home or mitigate any damage thereto;
(iii) (iv)
Damage caused by alterations or work done by the Homeowner or the agents or sub-contractors of the Homeowner; Defects that were apparent and were accepted by the Homeowner at the Date of Possession;
(v)
Normal cracks in plaster, drywall, paint, masonry, stucco, parging, ceramic tiles, grout and other cementious material and concrete; Normal shrinking and warping of material caused by drying after construction;
(vi)
(vii) Normal soil movement or subsidence along utility lines or backfill consolidation of compaction around the Home; (viii) Damage other than Structural Defects caused by soil movement or subsidence; (ix) (x)
Damage arising from wear and tear, age or weathering; Damage arising from dampness, condensation or fungal or bacterial contamination;
(xi)
Accidental loss or damage caused by a third party or from acts of nature such as, but not limited to: fire, explosion, smoke, water escape, changes which are not reasonably foreseeable in the level of the underground water table, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood and earthquake; (xii) A Defect in any workmanship or material specifically agreed between the Homeowner and the Builder is excluded from this limited warranty; (xiii) Any damage to the extent that it is caused or made worse by the Homeowner or a third party, including: - Negligent or improper maintenance or improper operation of any Equipment by anyone other than the Builder or its employees, agents or sub-contractors; -
Failure of anyone other than the Builder or its employees, agents, or sub-contractors to comply with the warranty requirement of manufacturers of the Equipment or fixtures; Alterations to the Home or the Equipment by anyone other than the Builder or its employees, agents or subcontractors; or
- Changes or failing to maintain the grading of the lot for the Home; (xiv) Matters directly or indirectly arising from or related to environmentally harmful substances or hazards, deleterious substances or toxic conditions or materials on, in or about the Home regardless of the party responsible; (xv) Any loss or damage which arises while the Home is being used primarily or substantially for non-residential purposes; (xvi) Damage arising to the Home or the Equipment from the failure of the Homeowner to take timely action to prevent or minimize loss or damage, including failure to give prompt notice to the Builder and the Program of a discovered loss or potential loss; (xvii) Any damage caused by insects, rodents or other animals except where such damage results from a Building Code Defect; (xviii) Bodily injury, emotional anguish, inconvenience, damage to personal property, economic loss or damage to real property which is not part of the Home; and (xix) Diminution in the value of the Home or the Equipment. 3.
STANDARD PROGRAM WARRANTY (a) The Program shall be responsible to carry out the first year of the Builder Warranty, as defined in this Warranty Certificate and subject to the procedures described herein, if the Builder does not perform in a reasonable and timely manner in accordance with the policies and procedures of the Program. (b) For the four (4) year period following the Builder Warranty the Program shall repair any Structural Defect where a Load Bearing Part fails to provide stable and adequate support for the Home including any consequential damages caused to the Home arising directly from the Structural Defect. (c) Decisions of the Program by Conciliation or otherwise regarding the investigation, method of repair or correction of Defects or Structural Defects and the retaining and payment of any third parties, consultants and repair contractors, shall be in the sole discretion of the Program and shall be final and binding on the Homeowner and the Builder.
Page 2 of 5
(d) If the Home cannot be occupied during the warranty period because of a Defect or Structural Defect, the Program will reimburse the Homeowner any increase in living and moving or storage expenses pre-approved by the Program in accordance with a schedule adopted by the Program. The limit of these expenses shall be SIX THOUSAND ($6,000.00) DOLLARS. (e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative, but the Program may determine the reasonable costs associated with the repair or replacement of Defects or Structural Defects and in its sole discretion the Program has the option to choose the alternative of paying monetary compensation to the Homeowner rather than repairing or replacing Defects or Structural Defects. Any such payment by the Program shall be deducted from the limit of liability of the Program referred to in paragraph 5(f) below and the Program and the Builder shall have no further liability for the Defect or Structural Defect or any consequential damages arising therefrom for which compensation has been paid. The Program shall not be liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in the value of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property not covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at the sole expense of the Homeowner and not subject to reimbursement by the Program. 4.
HOMEOWNER OBLIGATIONS (a) The Homeowner shall: (i)
(ii) (iii) (iv)
(v)
(vi)
Immediately and within one (1) year from the Date of Possession, provide written notice to the Builder giving full details of any Defect and not later than sixty (60) days after the end of that year give to the Program, in the Program’s form, written notice of any Defect which has not been repaired or replaced by the Builder and make a written request for assistance of the Program for Conciliation of the Defect; Immediately and within five (5) years after the Date of Possession, provide a written request for assistance in the Program’s form, to the Program, giving full details of any Structural Defect for Conciliation of the Structural Defect; In cases of a dispute with the Builder, before using any other remedy, provide written notice to the Program for Conciliation of the dispute, the decision of which shall be binding upon both the Builder and the Homeowner unless changed by Arbitration; Not undertake any unilateral action or remedy without the prior written consent of the Program. The cost of such action and any consequent liabilities arising therefrom, will be for the sole account of the Homeowner. Further, unilateral actions or remedies undertaken by the Homeowner without the Program’s consent will be excluded from this warranty and may result in this warranty being voided entirely; Allow timely, free and full access to the Home Monday through Friday, excluding statutory holidays, from 8:00 am to 5:00 pm to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of monitoring complaints or claims, inspecting for required maintenance, investigating warranty or claims issues, monitoring warranty or claim issues, conducting further inspections as required, or to repair or replace Defects or Structural Defects; and Have paid the full purchase price for the Home including all adjustments and extras to the Builder, any holdbacks for Defects, deficiencies, seasonal deficiencies, or Builders’ liens being held in trust with the solicitor for the Builder or paid into the Court of Queen’s Bench of Alberta.
(b) The Homeowner: (i) Agrees that the Program upon making any payment or assuming liability under this Warranty Certificate protection coverage, is subrogated to all rights of recovery of the Homeowner against any person, corporation or other entity who may have caused or contributed to the occurrence of any liability under this coverage protection. The Program may bring action, at the Program’s expense, in the name of the Homeowner or the Program to enforce such rights. The Homeowner shall fully support and assist the Program in the pursuit of its subrogated rights; and (ii) 5.
Acknowledges that any notice required to be given to the Program must in fact be given to the Program in the Program’s form of written notice and within the time limits. Any notice given to the Builder is not effective notice to the Program.
LIMITS AND EXCLUSIONS (a) The only Warranty given by the Builder or the Program, which is binding on the Program, is contained in this Warranty Certificate. (b) When a Structural Defect is not causing damage to the Home, the Program may delay repairs until damage does occur. (c) A Structural Defect caused by improper maintenance of, or an alteration to, the Home or Equipment by the Homeowner is not included in this Warranty. (d) No claim shall be made under this Warranty Certificate where the Program has made a refund to the Homeowner under its Deposit Protection Receipt.
Page 3 of 5
(e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative. The Program shall not be liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in the value of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property not covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at the sole expense of the Homeowner and not subject to reimbursement by the Program. (f)
The limit of liability of the Program for the costs of any and all repairs and third party investigation and consulting engineers under this Warranty Certificate, including the first year Builder’s Warranty and the Standard Structural Warranty is SIXTY THOUSAND ($60,000.00) DOLLARS. (g) The Home has been enrolled by the Program for Warranty Certificate coverage subject to the terms, conditions, exclusions and limits of this Warranty Certificate. 6.
TERMINATION OF WARRANTY (a) This Warranty Certificate shall terminate automatically if: (i) The Homeowner does not maintain the Home in a reasonable and prudent manner; (ii) The Home is not used for residential purposes by the Homeowner, unless the Homeowner obtains the written consent of the Program which consent shall be in the sole discretion of the Program; (iii) The Homeowner fails to comply with the Homeowner Obligations in paragraph 4 above; (iv) The Homeowner undertakes any unilateral action or remedy without the prior written consent of the Program, the cost of such action and any consequent liabilities arising therefrom, will be for the sole account of the Homeowner and unilateral actions or remedies undertaken by the Homeowner will be excluded from this Warranty Certificate and will result in the Program’s Warranty Certificate being cancelled entirely. (b) In any event, unless the Homeowner has met the written notice requirements and obligations to both the Builder and the Program in paragraph 4 above, then the warranty obligations and liability of the Program to the Homeowner under this Warranty Certificate shall be absolutely terminated: (i) Sixty (60) days after the end of one (1) year from the Date of Possession with respect to the first year warranty in paragraph 3(a) above; (ii) Five (5) years from the Date of Possession with respect to the Structural Warranty in paragraph 3(b) above; (iii) Ten (10) years from the Date of Possession with respect to a Structural Warranty in paragraph 3(b) above that has been extended by the payment of a non-refundable fee to the Program within the optional time period offered by the Program.
7.
TRANSFER OF WARRANTY If the legal title to the Home is transferred before the termination of this Warranty Certificate, then: (a) All of the applicable unused benefits under this Warranty Certificate shall be automatically transferred to any subsequent Homeowner. But whether disclosed or not, prior actions or obligations of the Homeowner shall be binding upon any subsequent Homeowner and, in particular, any previous acts, omissions, defaults or agreements of any kind made by the Homeowner with the Builder or the Program shall be binding upon any subsequent Homeowner; (b) Each Homeowner shall promptly deliver this Warranty Certificate to any subsequent Homeowner and shall advise any subsequent Homeowner of any matter that may affect or limit the coverage contained in this Warranty Certificate; (c) All of the Homeowner Obligations contained in this Warranty Certificate shall be binding on any subsequent Homeowner.
8.
CONCILIATION PROCEDURE (a) If there is a dispute between the Builder and the Homeowner with respect to the Builder Warranty or any additional warranty provided by the Builder, then either the Builder or the Homeowner must provide the Program with the Program’s form of written notice requesting Conciliation of the dispute. (b) With respect to Defects, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be received by the Program not later than sixty (60) days after the end of one (1) year from the Date of Possession. (c) With respect to a Structural Defect, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be received by the Program not later than five (5) years from the Date of Possession, or not later than ten (10) years from the Date of Possession if the Structural Defect Warranty has been extended as described in paragraph 6(b)(iii) above.
Page 4 of 5
(d) The Builder and the Homeowner must comply with the Program’s Conciliation procedures. Upon receiving the Program’s form of written request for Conciliation, the Program will apprise the Homeowner and the Builder of the Program’s Conciliation procedures which include, but are not limited to, the following conditions: (i) (ii)
The inspection and Conciliation procedures of the Program are mandatory before the Program will do any repair work; No Conciliation will be commenced until the full purchase price for the Home has been paid in accordance with paragraph 4(a)(vi) above;
(iii)
The Homeowner must allow reasonable access to the Home Monday through Friday, excluding statutory holidays, from 8:00 am to 5:00 pm to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of inspection or repair; A non-refundable fee specified by the Program must accompany submission of the Program’s form of written request for Conciliation;
(iv) (v) (vi)
The Program will provide a written Conciliation report to the Builder and the Homeowner; A Conciliation decision shall be final and binding;
(vii) If repairs are necessary, the Program may conduct inspections of the Home until the work has been completed to the Program’s satisfaction; (viii) It is an absolute requirement (condition precedent) that prior to the Program commencing any remedial work or repairs, that any outstanding monies due and owing to the Builder including holdbacks for Defects, deficiencies or otherwise as described in 4(a)(vi) above must be unconditionally forwarded to the Program and disbursed in accordance with the written decision of the Program unless the Builder or Homeowner proceeds to Arbitration, in which case the monies shall be disbursed in accordance with the Arbitration proceedings. 9.
ARBITRATION (a) If any issue, with respect to anything in this Warranty Certificate or contained in a Conciliation report, is disputed, it shall be settled by Arbitration by a single arbitrator in accordance with the Arbitration rules and procedures adopted by the Program. It is expressly agreed that the Arbitration shall be final and binding on all parties. (b) Payment of the costs of the Arbitration including: the arbitrator’s fees and expenses; the Arbitration application fee; and the law firm administration fee, shall be the responsibility of the parties to the Arbitration but a final award of costs shall be in the discretion of the arbitrator. (c) The Homeowner, Builder or the Program may initiate an Arbitration. The application to arbitrate must be commenced by completing an Application to Arbitrate in the form approved by the Program and submitting the Application to Arbitrate and a non-refundable application fee to a law firm designated by the Program not later than thirty (30) days from the date of the Program’s Conciliation report.
10. NOTICE Any notice required to be given must be given in writing and mailed or delivered at the addresses indicated in the Certificate of Possession for the Homeowner and the Builder. The Program’s address is: The Alberta New Home Warranty Program Calgary #201, 208 - 57 Avenue S.W. Calgary, AB T2H 2K8 Edmonton #201, 10335 – 172 Street Edmonton, AB T5S 1K9
Any notice delivered by mail shall be deemed to have been received five (5) days after it has been posted in a prepaid addressed envelope.
Page 5 of 5
Appendix B NATIONAL HOME WARRANTY PROGRAM ADDENDUM TO PURCHASE AGREEMENT LIMITED WARRANTY CERTIFICATE - SINGLE-FAMILY RESIDENTIAL UNIT 1. DEFINITIONS - In this Limited Warranty: “Arbitration” means a binding arbitration in accordance with the rules adopted by the Program. “Builder” means the Builder named in the Contract and on the Certificate of Possession. “Certificate of Possession” means the Certificate that is to be dated and executed by the Builder and Purchaser on the Possession Date. “Conciliation” means an inspection and a written report issued by the Program that provides a binding decision regarding warranty issues in dispute between the Builder and the Purchaser. “Contract” means a written agreement made between the Builder and the Purchaser wherein the Builder agrees to construct or sell to the Purchaser a Residential Unit built in accordance with the plans and specifications or model referred to in the agreement. “Contractual Completion Warranty Period” means the period commencing on the date construction of the Residential Unit begins and ending on the earlier of (i) the date the Residential Unit is occupied by the Purchaser, or (ii) the date the Residential Unit is complete and ready for occupancy by the Purchaser, or (iii) the date the unit is complete and title is transferred from the Builder to the Purchaser at the appropriate Land Title Office. “Defects” means workmanship or materials supplied which are not in compliance with the Program’s Defect Guidelines or were noted on the Certificate of Possession and have not been resolved or are not in compliance with the Alberta Building Code in effect as at the date the building permit was issued or any condition which renders the Residential Unit not fit for its intended use as determined by the Program in its sole discretion. Noncompliance with the Alberta Building Code is considered a Defect covered by this Limited Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in material damage to the Residential Unit. “Defect Warranty Period” means the period commencing on the Possession Date of the Residential Unit and ending one (1) year from the Possession Date. “Deposit” means money paid by a Purchaser to a Builder as a deposit only, pursuant to the terms of a contract. “Deposit Receipt” means a receipt in the form provided by the Program to be executed by the Purchaser and the Builder for money paid to the Builder by the Purchaser as a Deposit. “Deposit Warranty Program” means the period commencing on the date the Program receives confirmation of Deposit Coverage under the Limited Warranty from the Builder and ending on the date construction of the Residential Unit commences. “Possession Date” means the date of possession set forth in the Certificate of Possession. “Purchaser” means any person owning the Residential Unit and named in the contract with the Builder for the construction of the Residential Unit, for the purpose of residential occupancy by the Purchaser. “Residential Unit” means the home, constructed for the purpose of residential occupancy by the Purchaser, that is the subject matter of this Limited Warranty Certificate. “Soil Movement” means the subsidence, expansion or lateral movement of soils immediately supporting or surrounding any load bearing portion of a Residential Unit but excludes soil movement caused by flood, earthquake, landslide or act of God. “Structural Defect” means a Defect in a load bearing component of a Residential Unit which will impair the overall structural integrity and stability of the Residential Unit but excludes driveways, basement floors, garage floors, carport slabs, sidewalks, retaining walls, septic tanks and fields or any other construction which by its use, uses or intended uses are not load bearing. For the purposes of this Limited Warranty Certificate “Load Bearing” means the piles, footings, foundation walls, grade beams, teleposts, bearing walls, floor joists, posts and beams, and roof trusses.
“Structural Defect Warranty Period” means the period commencing on the Possession Date of the Residential Unit and ending five (5) years from the Possession Date. “The Program” means National Home Warranty Programs Ltd. 2. BUILDER’S OBLIGATIONS AND WARRANTY a) The Builder warrants that the Residential Unit was constructed in accordance with the Alberta Building Code requirements and standards in effect at the time the building permit was issued for the Residential Unit. b) The Builder agrees to repair or replace Defects listed and attached to the Certificate of Possession in a timely and efficient manner. c) Defects to the Residential Unit will be repaired or replaced where such Defects occur within one (1) year following the Possession Date, provided that the Purchaser has complied with all those obligations as set out in Paragraph 4, following; d) The following are not Defects; i) Normal cracks in plaster, paint, drywall, masonry, stucco and concrete work including without limitation, cracks in basement floors, garage floors, retaining walls, patios, sidewalks and driveways; ii) Normal shrinkage or warping of materials; iii) Defects arising from normal wear and tear or improper and inadequate maintenance by the Purchaser including damage caused by, or resulting from, dampness or condensation due to the failure of the Purchaser to maintain adequate heat and/or ventilation; iv) Defects in workmanship, materials or alterations supplied or made by the Purchaser; v) Damage caused by the Purchaser at the time of the move-in; vi) Damage caused by Soil Movement around the Residential Unit or utility lines other than Structural Defects; vii) Defects accepted by the Purchaser at the Possession Date that were then apparent. 3. PROGRAM WARRANTY In order for the warranties provided in this document to be binding upon the Program, the Purchaser must not be in default of any, some or all of those obligations set out in Paragraph 4 of this Limited Warranty Certificate. The Program shall indemnify the Purchaser, subject to the exclusions, limitations and conditions set out in this Limited Warranty where a claim for direct loss is made within the Deposit and Contractual Completion Warranty Period, Defect Waranty Period or Structural Warranty Period. Subject to the exclusions, limitations and conditions set out in this Limited Warranty, the Program shall only be liable for the limit specified below in respect of all claims made by the Purchaser under each coverage listed; a) Deposit Coverage Warranty The Program will pay to the Purchaser any portion of a Deposit which at law is refundable to the Purchaser under the Contract and is not recovered from the Builder as a result of the bankruptcy, insolvency, liquidation or winding up of the Builder providing the claim therefor is made to the Program within one year from the date of the Contract. The maximum obligation of the Program for Deposit Coverage is Twenty Five Thousand Dollars ($25,000.00). b) Contractual Completion Warranty The Program will provide protection to the Purchaser for damages caused by the Builder’s failure to complete the construction of the Residential Unit as a result of the bankruptcy, insolvency, liquidation or winding up of the Builder providing the claim therefor is made to the Program within the Contractual Completion Warranty Period. The Program will pay reasonable legal costs not to exceed $3,000.00 to remove liens from the Purchaser’s title. The maximum obligation of the Program for damages resulting from the Builder’s failure to complete the construction of the Residential Unit and to clear builder liens with respect to the Residential Unit shall not exceed, in the aggregate, the sum of Twenty Five Thousand Dollars ($25,000.00). Page 1 of 2
The Purchaser cannot make any claims under the provisions of Paragraph 3(b), above, WHERE: a) The Deposit has been returned to the Purchaser; b) The Purchaser fails to comply with any and all laws, statutes or statutory or legal obligations which are designed and intended for the benefit of the Purchaser pursuant to the Contract or any law or statute or legal practice or standard regulating the activities and matters, i.e. Holdbacks (lien or seasonal); c) One (1) year has elapsed following the Default of Builder d) Possession of the Residential Unit has been taken by the Purchasers; e) Any claim is made for any matter beyond the warranty provided by this document; f) If the Purchaser continues to deal with the Builder for completion of the Residential Unit even after termination of the Builder’s registration with the Program; c) Defect and Structural Defect Warranty The Program will: a) fulfill the one (1) year warranty of the Builder as set out in Paragraph 2 of this document if the Builder fails to do so; b) repair Structural Defects which occur during the four (4) year period following the expiration of the Builder’s warranty; The decision to correct a Defect or Structural Defect is in the sole discretion of the Program. This can only be changed by Conciliation; d) Additional Living Expenses Coverage If the Residential Unit becomes uninhabitable due to a Defect or Structural Defect, for such period as is reasonably required to repair the Defect or Structural Defect, pay compensation for additional living and moving expenses in an amount not to exceed Five Thousand Dollars ($5,000.00), q subject to prior approval of the Program q. The maximum obligation of the Program, pursuant to Paragraphs 3(b), 3(c) and 3(d) above, shall not exceed in the aggregate, the sum of Fifty Thousand Dollars ($50,000.00). 4. PURCHASER OBLIGATIONS In order for Parts 3(c) and 3(d) of this Limited Warranty to be in effect the Purchaser shall: a) execute a Certificate of Possession provided by the Builder; b) maintain the statutory lien fund; c) use the Residential Unit only as a residence; d) not remove the Residential Unit from its foundation; e) properly maintain the Residential Unit; f) immediately and within one year from the Possession Date contact the Builder in writing giving full details of any Defect or Structural Defect. If the Builder fails to respond in a reasonable period of time the Purchaser shall notify the Program in writing giving complete details within sixty (60) days of the first anniversary of the Possession Date; g) immediately and within five (5) years after the Possession Date contact the Program in writing giving full details of any Structural Defects; h) in the event of a dispute concerning the Builder’s performance of its one (1) year warranty, before using any other remedy, proceed to conciliation, all in accordance with the procedures set out in this Certificate; i) maintain and ensure that drainage of surface water shall be away from the foundation walls of the Residential Unit; j) cooperate with the Program upon the Builder’s default, including the execution of such agreements and documents as may reasonably be required by the Program to fulfill its obligations under this Limited Warranty; k) fully cooperate with the Builder, sub-trades and the Program in permitting them, or any of them, to obtain easy access in order to repair or replace a Defect or Structural Defect; l) not be in default of any of these obligations and the Contract. 5. LIMITATION AND EXCLUSIONS a) The Warranty contained in this Limited Warranty Certificate is the only Warranty that is binding upon the Builder and the Program. b) This Limited Warranty covers repairs to the Residential Unit and the Program is not liable for any other property damage or personal injury.
6. TRANSFER OF LIMITED WARRANTY To effect a transfer of the Limited Warranty the home, named in the contract with the Builder and the original Purchaser, must have been completed by the Builder and occupied by the original Purchaser named in the contract with the Builder. In the event there is a transfer of ownership of the Residential Unit during the term of this Limited Warranty, then all remaining benefits under this Limited Warranty shall accrue to the new owner who will be bound by all the Purchaser obligations set out herein. The new owner shall not be entitled to any benefits under the Limited Warranty that would not have accrued to the Purchaser had the Purchaser retained ownership of the Residential Unit. 7. CONCILIATION a) In the event of a dispute between the Builder and the Purchaser which cannot be settled between them with respect to the Builder’s performance of its one (1) year warranty, either party shall submit in writing to the Program for conciliation. This shall be done within sixty (60) days of the end of the one (1) year warranty supplied by the Builder. This procedure is a pre-requisite of the Program accepting responsibility pursuant to Paragraph 3 of this Limited Warranty; b) The Conciliator shall be named by the Program and shall have such powers as is necessary, and without limitation the right of reasonable access to the Residential Unit to conduct inspections, in order to make a proper determination of the dispute. Both the Builder and the Purchaser shall make representations to the Conciliator in the manner directed by the Conciliator. c) The Conciliator shall make a determination and advise both parties in writing of the decision, including the work to be done, if any, and by whom. d) If it is determined that there is remedial work to be done the Program shall conduct such inspections as are necessary, in the absolute discretion of the Program, until the work to be completed has been done. e) The decision of the Conciliator shall be final and binding upon all parties hereto unless changed by the decision of an arbitrator. f) It is an absolute requirement (condition precedent) to any remedial work or repairs by the Program, that should the Purchaser be holding back payment of any monies due and owing to the Builder for any claimed defect or deficiency then such monies shall be paid into trust at the direction of the Program prior to the commencement of any remedial work or repairs. The monies shall be held in trust and disbursed in accordance with the written decision of the Program unless the Builder or the Purchaser proceed to arbitration, in which case the monies shall be disbursed in accordance with an arbitration award pursuant to Paragraph 8 (Arbitration). 8. ARBITRATION a) If any issue contained in the conciliation report is disputed, it shall be settled by binding arbitration by a single arbitrator in accordance with the rules adopted by the Program. b) The homeowner, Builder or the Program may initiate an arbitration by making a written request and submitting it and the appropriate non-refundable fee to the law firm designated by the Program not later than 30 days from the date of the conciliation report. c) The cost of the arbitration, including the arbitrator’s fee, shall be borne by the parties to the arbitration. A final award of costs shall be at the discretion of the arbitrator. It is expressly agreed that the arbitration shall be final and binding on all parties. 9. SUBROGATION The Purchaser(s) hereby subrogate(s), in favour of the Program, all their rights against the Builder, sub-trades or any third party relating to the Contract and hereby further agrees that the Program shall have the full right and power to carry on any judicial or other proceeding(s) in the name of the Purchaser(s). I/We acknowledge that I/We have read this Limited Warranty Certificate disclosed to me/us by the Builder on this ______________ day of __________________________________________________, 20__________. Purchaser: ______________________________________________________ Purchaser: ______________________________________________________ Page 2 of 2
Appendix C Limited Warranty Certificate
Page 1
RESIDENTIAL WARRANTY COMPANY OF CANADA INC. LIMITED WARRANTY CERTIFICATE 1.0
Definitions
The following words and phrases when used in this Limited Warranty Certificate shall have the following meanings unless the context otherwise requires: 1.1
“Builder” means the builder or contractor described in the Possession Certificate and/or declaration page attached to this Limited Warranty Certificate;
1.2
“Building Code” means the provincial building code applicable to construction of the Residential Unit and in force at the time the building permit was issued for the Residential Unit;
1.3
“Contract” means the written agreement made between the Builder and the Purchaser for construction or sale to the Purchaser of a Residential Unit;
1.4
“Defect” means any work and materials which fail to comply with the Building Code;
1.5
“Limited Warranty Certificate” means this certificate;
1.6
“Possession Certificate” means the Possession Certificate in the form provided by RWC which is to be dated, completed and executed by the Builder and Purchaser on the Possession Date;
1.7
“Possession Date” means the date of possession stated in the Possession Certificate;
1.8
“Purchaser” means a person who has entered into a Contract with the Builder;
1.9
“Program” means the single family residential warranty program administered by RWC;
1.10
“Residential Unit” or “Unit” means a detached or semi-detached single-family dwelling or duplex newly constructed by the Builder and not occupied prior to the Possession Date but does not include any swimming pool, site grading or surface drainage, landscaping, shrubbery, flowers, trees, patio, driveway, sidewalk, retaining wall, fence, septic tank or field, water well, or detached garage, carport or outbuildings, or a condominium unit;
1.11
“RWC” means Residential Warranty Company of Canada Inc., the corporation which administers the Warranty on behalf of the Builder and Warranty Insurer;
1.12
“Structural Defect” means any defect in the following load bearing components of a Residential Unit which impairs the structural integrity of the Residential Unit: piles, footings, foundation walls, grade beams, teleposts, bearing walls, floor joists, girders, posts and beams, and roof trusses, but excludes driveways, basement floors, garage floors, patios, sidewalks, retaining walls, swimming pools, and all other concrete work which is not load bearing;
1.13
“Warranty” means the warranty obligations of the Builder and the Warranty Insurer set forth in the Limited Warranty Certificate; and
1.14
“Warranty Insurer” means the insurance company that underwrites the Warranty.
Residential Warranty Company of Canada Inc. June 20, 2002 ABSF
Limited Warranty Certificate
Page 2
2.0
Warranty of the Builder
2.1
The Builder warrants to the Purchaser that the Residential Unit was constructed in compliance with the Building Code.
2.2
Subject to the terms, conditions, exclusions and limitations contained in this Limited Warranty Certificate, and providing the Purchaser has complied with the obligations set forth in Section 6 hereof, the Builder agrees to: 2.2.1
Complete seasonal and other deficiencies stated on the Possession Certificate in a timely manner; and
2.2.2
Repair Defects and Structural Defects in the Residential Unit which are reported to the Builder in writing within one (1) year following the Possession Date.
2.3
The Builder shall assign to the Purchaser all manufacturers’ warranties on products supplied by the Builder.
3.0
Proscriptions
The following are not Defects or Structural Defects in the Residential Unit within the meaning of this Limited Warranty Certificate, and are not covered by the Warranty: 3.1
Materials, design or workmanship provided by the Purchaser;
3.2
Normal cracks in plaster, paint, drywall, masonry, stucco and concrete;
3.3
Shrinkage or warping of materials;
3.4
Defects arising from improper maintenance of the Residential Unit by the Purchaser, or resulting from inadequate heat or ventilation;
3.5
Soil subsidence around or near the Residential Unit; and
3.6
Defects or Structural Defects apparent on the Possession Date and accepted by the Purchaser.
4.0
Warranty of the Warranty Insurer
Subject to the terms, conditions, exclusions and limitations set forth in this Limited Warranty Certificate, and providing the Purchaser has complied with the obligations set forth in Section 6 of this Limited Warranty Certificate: 4.1
Defects and Structural Defects 4.1.1
The Warranty Insurer agrees to repair Defects and Structural Defects that have not been repaired by the Builder within the first year following the Possession Date which are reported in writing to RWC within thirty (30) days following the first anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Two Hundred and Fifty ($250.00) Dollars.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
4.1.2
4.2
The Warranty Insurer agrees to repair Structural Defects that become apparent within nine (9) years following the first anniversary of the Possession Date which are reported in writing to RWC immediately and within thirty (30) days following the tenth anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Five Hundred ($500.00) Dollars.
Limitation of Liability 4.2.1
4.3
Page 3
The Warranty Insurer’s liability under Section 4.1 for repair of Defects and Structural Defects is limited to and shall not exceed Sixty Thousand ($60,000.00) Dollars in the aggregate.
Contract Completion 4.3.1
If the Builder defaults under the Contract or builders’ liens are registered against title to the Residential Unit and the Builder becomes insolvent or subject to the provisions of the Winding Up Act or the Bankruptcy and Insolvency Act, or is liquidated or a receiver or receiver manager is appointed in respect to the assets of the Builder, then, subject to the limitations, exclusions and conditions set forth in Section 4.3 hereof, the Warranty Insurer agrees to: 4.3.1.1 Complete construction of the Residential Unit in accordance with the Contract, subject to any amendments thereto as are deemed necessary by the Warranty Insurer regarding the completion date; and 4.3.1.2 Discharge from title to the Residential Unit builders’ liens registered thereon in connection with improvements made to the Residential Unit under the Contract.
4.3.2
The Warranty Insurer’s liability under Sections 4.3.1.1 and 4.3.1.2 for completion of the Residential Unit and discharging liens from title thereto is limited to and shall not exceed the sum of Twenty-Five Thousand ($25,000.00) Dollars in the aggregate.
4.3.3
The Purchaser cannot make any claim against the Warranty Insurer under Section 4.3, Contract Completion, where: 4.3.3.1 Any deposit or portion thereof paid under the Contract has been returned to the Purchaser; 4.3.3.2 The Purchaser is in default under the Contract or any obligation of the Purchaser set forth in this Limited Warranty Certificate; 4.3.3.3 A period of one (1) year has expired since the date of the Builder’s default under the Contract or the date on which the Purchaser took possession of the Residential Unit; 4.3.3.4 The Purchaser fails to comply with the Builders’ Lien Act of Alberta or similar legislation in the jurisdiction in which the Residential Unit is located, or adhere to or utilize standard legal practice customarily used in the jurisdiction where the Residential Unit is located to protect a Purchaser in respect to deficiencies under the Contract or title to the Residential Unit; or 4.3.3.5 The Builder is not a member of the Program when the Contract is signed by the Purchaser.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
4.4
4.5
Page 4
Living Expenses 4.4.1
In the event the Residential Unit becomes uninhabitable due to a Defect or Structural Defect, the Warranty Insurer agrees to pay to the Purchaser additional living and moving expenses incurred by the Purchaser of up to One Hundred ($100.00) Dollars per day, providing those expenses are pre-approved in writing by the Warranty Insurer.
4.4.2
The Warranty Insurer’s liability under Section 4.4 is limited to and shall not exceed an aggregate maximum limit of Six Thousand ($6,000.00) Dollars.
Extended Coverage 4.5.1
Mechanical Systems The Warranty Insurer agrees to repair Defects in the electrical, plumbing and heating systems incorporated into the Residential Unit where such Defects become apparent and are reported to RWC in writing within one (1) year following the first anniversary date of the Possession Date, subject to a deductible payable by the Purchaser of Five Hundred ($500.00) Dollars.
4.5.2
Foundation Water Penetration The Warranty Insurer agrees to repair the foundation of the Residential Unit if water penetrates the foundation and causes material damage, where such water penetration or resulting damage becomes apparent and is reported to RWC within four (4) years following the first anniversary date of the Possession Date, subject to a deductible payable by the Purchaser of Five Hundred ($500.00) Dollars.
4.6
Decisions of RWC The decision of RWC regarding correction of any Defect or Structural Defect shall be final and binding on the Purchaser.
5.0
Dispute Resolution
5.1
If an unresolved dispute arises between the Builder and the Purchaser regarding the Builder’s obligations under the Warranty, either the Builder or the Purchaser may submit the matters in issue to RWC for final resolution.
5.2
RWC shall review the matters in issue and conduct such inspections of the Residential Unit as it deems necessary, with the cost of such inspections to be borne by the Purchaser and/or Builder as determined by RWC.
5.3
In order to inspect reported Defects, access to the Residential Unit shall be given to RWC and/or its consultants during normal business hours upon request.
5.4
Within thirty (30) days following inspection of the Residential Unit by RWC and/or its consultants, RWC shall issue a written report on the matters in issue and provide the Builder and Purchaser with a copy of the report. The recommendations and conclusions of RWC set forth in the report shall be final and binding on the Builder and the Purchaser.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
Page 5
5.5
If the report of RWC calls for repairs, the Purchaser shall give the Builder, RWC and its agents and subcontractors access to the Residential Unit during normal business hours to undertake the repairs.
5.6
Commencement of court proceedings or other legal action by the Purchaser in respect to this Warranty shall void the Warranty coverage in all respects.
6.0
Purchaser’s Obligations
The Purchaser shall: 6.1
Within one (1) year from the Possession Date, if any Defect in the Residential Unit is discovered, immediately advise the Builder in writing of the details of the Defect. If the Builder fails to respond or remedy the Defect, the Purchaser shall give RWC written notice setting forth the details of the Defect within thirty (30) days following the first anniversary of the Possession Date.
6.2
Within ten (10) years from the Possession Date, if any Structural Defect in the Residential Unit is discovered, immediately advise RWC in writing of the details of the Structural Defect.
6.3
Maintain the Residential Unit in a proper and prudent manner.
6.4
In the case of a claim arising under Section 4.3 of this Limited Warranty Certificate: i)
transfer and assign to the Warranty Insurer all legal rights and remedies the Purchaser has at law against the Builder and subcontractors under or in relation to the Contract; and
ii)
pay to or to the order of RWC or the Warranty Insurer the unpaid balance of the Purchase Price under the Contract including holdbacks under the Builders’ Lien Act of Alberta.
6.5
Refer all unresolved disputes regarding the Warranty to RWC for investigation and final resolution.
7.0
Exclusions and Limitations
7.1
No repairs or remedial work will be undertaken by the Warranty Insurer unless: 7.1.1
Written notice of the Defect or Structural Defect has been given to the Builder and RWC within the time limits specified in this Limited Warranty Certificate; and
7.1.2
RWC has investigated or caused to be investigated the Defect or Structural Defect and the written report of RWC requires that Defect or Structural Defect to be repaired.
The conditions set forth in Sections 7.1.1 and 7.1.2 hereof are conditions precedent which must be satisfied before any corrective action or remedial work is undertaken or performed by the Warranty Insurer. 7.2
The Warranty contained in this Limited Warranty Certificate is the only warranty binding upon the Builder and the Warranty Issuer.
7.3
The Warranty in this Limited Warranty Certificate covers repairs to the Residential Unit only, and the Warranty Insurer is not liable for property damage or damages resulting from physical injury or death of any person, or for any consequential damages whatsoever.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
Page 6
7.4
The aggregate maximum liability of the Warranty Insurer for all claims arising under this Limited Warranty Certificate shall be limited to and shall not exceed One Hundred Thousand ($100,000.00) Dollars.
7.5
RWC is the administrator of the Warranty, and shall not under any circumstances be liable for performance of any obligation of the Builder or the Warranty Insurer under this Limited Warranty Certificate.
8.0
Termination of Warranty
The Warranty shall terminate and be of no further force or effect if: 8.1
The Residential Unit is not used as a single family residence or is not properly maintained;
8.2
All or any portion of the deposit paid under a Contract has been refunded to the Purchaser; or
8.3
The Purchaser fails to provide the Builder and RWC with the written notices required of the Purchaser within the time period specified in this Limited Warranty Certificate.
9.0
Subrogation
In the event RWC or the Warranty Insurer repairs any Defect or Structural Defect, RWC and the Warranty Insurer shall be subrogated to all the Purchaser’s rights of recovery therefor against the Builder or any third party, and the Purchaser agrees to execute and deliver any and all documents and take any and all action as may be necessary to secure such rights, and shall do nothing to prejudice such rights of subrogation. 10.0
Notices
Any notice required or permitted to be given to RWC by the Purchaser must be in writing and given within the time limits prescribed in this Limited Warranty Certificate. 11.0
Transfer of Limited Warranty
Any unused portion of this Warranty shall extend to subsequent transferees of the Residential Unit, subject to the Purchaser’s obligations set forth in this Limited Warranty Certificate.
Residential Warranty Company of Canada Inc.
To be completed by Residential Realtors ALBERTA REAL ESTATE ASSOCIATION CREDENTIAL FORM To be used for Alberta Crown Land Listings - Updates required every 3 months – (Please type)
Real Estate Board Attach your resume and/or marketing plan & return to your Real Estate Board. (only forms fully completed with a resume will be considered by Alberta Infrastructure.)
1. Broker/Associate Broker/Agent Candidate: (complete separate form for each Candidate)
Number of years trading in real estate Number of years trading in this specialty (industrial/commercial) Brokerage Name: Broker’s Name: Address: City: Bus.: (
Postal Code: )
Fax.: (
)
Email:
2. VOLUME OF SALES BUSINESS IN THE PAST THREE YEARS (Percentage) Industrial
%
Commercial
%
Investment
%
Development Land
%
Agricultural Land
%
Recreation
%
Residential (incl. Acreage)
%
(Approx. $ Value)
(# of Properties)
3. VOLUME OF LEASING AND SUBLEASING BUSINESS IN THE PAST TWELVE MONTHS # of Listings
Area Leased or Subleased
Retail
m2
Office
m2
Industrial
m2
Approx. $ Value
4. Geographic area of specialization
(city/town, North/South/West/East of city/town, etc.)
5. ADDITIONAL CREDENTIALS/EXPERTISE (FRI, CCIM, FRAP, belongs to a national marketing network, etc.)
Note: Selected REALTORS will be asked by the Province to provide: 1. Comparative Market Evaluation (CME) for each of the properties to be sold, and 2. Bi -weekly or monthly activity reports identifying the number of showings and the number of calls received on each listing.)
6. CANDIDATE MARKETING EXPERIENCE On the attached spreadsheet detail the history of your past listings and sales (minimum one year, three years preferable). Listing/Sale/Dual should be indicated as follows: Listing: Your listing, sold by another individual Sale: Your sale of another individual’s listing Dual: You sold your own listing
Property Type
Address
City/Town
Property Description
Listing/Sale/ Dual
Date
Sale Price
Industrial
123 Any Street
Somewhere
15,000 sq.ft. shop on 2 acres land
Dual
July, 1999
$450,000
Attach your resume and/or marketing plan and return to: Calgary Real Estate Board, Attention Jeff Hill or Fax 265-9869
Broker/Agent Buying on Own Behalf
DISCLOSURE STATEMENT Date: Property Address: Section 18 (3) of the Real Estate Act states: Before accepting any money in connection with the carrying on of the business of an industry member, an industry member shall provide to the person on whose behalf the industry member is acting and any other person who is providing the money, full particulars in writing of: a) any direct or indirect interest that the industry member or any associate within the meaning of the Securities Act or any officer, director or manager of the industry member or associate or, where the industry member is a partnership, any partner in the partnership, has or may acquire in the transaction. and: CREB’s Standards of Business Practice, Article 13 states: A REALTOR shall not present an offer or acquire an interest in property either directly or indirectly for himself, any member of his or her immediate family or any entity in which the REALTOR has a financial interest, without making the REALTOR’s position known to the seller in writing. In selling/leasing property owned by the REALTOR, or in which the REALTOR has an interest, the interest shall be revealed to the Buyer/Tenant in writing. And therefore, let it be known that: I,
am a registered/licensed real estate Agent/Broker employed with in the City/Town of ___________________________
in the Province of Alberta. I am acquiring an interest in the above mentioned property for my personal gain or loss and may resell the property at any time in the future. I am registered under the Real Estate Act of Alberta, and as such am making this statement for the purpose of complying with the Act and its provisions.
Witness
Signature of Agent/Broker
I have received a copy of this Disclosure Statement and understand it fully. Witness
Signature of Seller
Witness
Signature of Seller June 2002
BUILDER / REALTOR REGISTRATION FORM DATE ____________________________
Guidelines REALTOR / Client Declaration The client agrees he/she has not had contact with the Builder or any of the Builder’s representatives within the past 60 days. The REALTOR and the Client have registered with the Builder’s representative on their initial visit to the showhome. This registration is valid in the community as named below. ___________________________________ Client
___________________________________ REALTOR
============================================================================ Community/Project Name ________________________________________________________________ REALTOR Name
________________________________________________________________
Company
________________________________________________________________
Business Phone
________________________ Residence Phone _______________________
Client Name
________________________________________________________________
Client Address
________________________________________________________________
Business Phone
________________________ Residence Phone _______________________
New Home Interests
________________________________________________________________
It is acknowledged that a Builder/Developer Purchase Agreement will be required to identify the terms of the sale between the Buyer and the Builder/Developer. ____ Buyer ____ REALTOR ============================================================================
TO BE COMPLETED BY THE BUILDER’S REPRESENTATIVE Terms of Registration
________________________________________________________________ ________________________________________________________________
Commission
________________________________________________________________
Special Terms or Conditions
________________________________________________________________
Expiry Date of Registration
________________________________________________________________
Commission Payout Schedule
________________________________________________________________ CREB® / CRHBA Form Builder’s Representative Signature ____________________________________ 03/00 This is a REALTOR LinkTM print-only version. Original form is in triplicate: Builder Copy / REALTOR Copy / Buyer Copy
CONDOMINIUM SELLER’S PROPERTY DISCLOSURE STATEMENT Purpose of Statement This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. Some of the questions below may require examining the condominium plan or plans before they can be properly answered. This disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the Buyer. Date of Disclosure: ____________________________________________________________________________________________________________ Seller’s Name: ________________________________________________________________________________________________________________ Property Address: ____________________________________________________________________________________________________________
The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 1.
If your unit is a bareland condominium, do you have a real property report that reflects the current state of improvements on the unit (e.g. the dwelling, fences, decks, sheds, etc.)?
Y
N
?
n/a
If yes, does the report have a stamp of compliance?
Y
N
?
n/a
Y
N
?
n/a
Date ____________________________________
2.
Did you have a property inspection report completed when you purchased this unit? If yes, did it indicate any significant repairs that have not been done?
Y
N
?
n/a
3.
To the best of your knowledge, are the exterior walls of your unit above the basement level insulated?
Y
N
?
n/a
4.
To the best of your knowledge, are the basement walls of your building insulated?
Y
N
?
n/a
5.
To the best of your knowledge, is the ceiling insulated?
Y
N
?
n/a
6.
Has the wood stove/fireplace and/or insert been inspected and approved by local authorities?
Y
N
?
n/a
Is the security system subject to a payout if the new buyer does not continue the present contract?
Y
N
?
n/a
Y
N
?
n/a
Y
N
?
n/a
7.
If yes, how much is the buyout? _________________________________________________________ 8.
Are all items to be included in the transaction free and clear of all encumbrances? If no, list items _______________________________________________________________________
9.
Is any portion of the common property leased to you or another unit owner or any other party? If yes, is it
a parking stall?
a storage unit?
other? ________________________
10. Have any special resolutions been passed by the corporation?
Y
N
?
n/a
11. In what year was the last change in your condominium bylaws registered? _______________________ 12. Is the Property subject to a recreational agreement?
Y
N
?
n/a
13. Have you received any notice or claim affecting your unit or the Property from any person or entity?
Y
N
?
n/a
14. Are you aware of any alterations to or on your unit made without a required permit?
Y
N
?
n/a
Y
N
?
n/a
15. Are you aware of any problems with the heating/air conditioning/ventilation system of your unit?
Y
N
?
n/a
16. Are you aware of any problems with the plumbing system of your unit?
Y
N
?
n/a
17. Are you aware of any problems with your unit’s electrical system, panel, switches or receptacles?
Y
N
?
n/a
18. Are you aware of any problems with the jetted tub or hot tub?
Y
N
?
n/a
19. Are there any hidden defects under the floor coverings or in the walls?
Y
N
?
n/a
20. Are you aware of any roof leakage or unrepaired damage?
Y
N
?
n/a
21. Are you aware of any moisture and/or water problems in the unit or any other part of the complex?
Y
N
?
n/a
22. Are you aware of any past or present flooding or drainage problems in or around the unit?
Y
N
?
n/a
23. Are you aware of any problems with any appliances/mechanical items to be included in this transaction?
Y
N
?
n/a
24. Are you aware of any changes made to common areas adjoining your unit that are in contravention of the registered bylaws of your condominium corporation?
Y
N
?
n/a
If yes, was an electrical inspection done?
© May 2001/September 2002 The Alberta Real Estate Association
-2The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 25. Are you aware of any special assessments approved or pending for the corporation?
Y
N
?
n/a
26. Are you aware of any unregistered encroachments, easements or rights-of-way?
Y
N
?
n/a
27. Is post tensioned cable used in the structure of any portion of your condominium?
Y
N
?
n/a
28. Are you aware of any structural deficiencies in the complex?
Y
N
?
n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problems?
Y
N
?
n/a
30. Are you aware of any problems with retaining walls cracking or bulging?
Y
N
?
n/a
31. Are you aware of any problems with the common heating/air conditioning/ventilation system?
Y
N
?
n/a
32. Are you aware of any problems with the common plumbing system?
Y
N
?
n/a
33. Other than those stated above, are you aware of any other latent (hidden) defects on the Property?
Y
N
?
n/a
34. Are you aware of any environmental concerns on the Property or otherwise affecting the Property?
Y
N
?
n/a
35. Are you aware if an environmental audit has ever been completed for the complex?
Y
N
?
n/a
Additional Comments and/or Explanations: (Use additional pages if necessary)
___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ Acknowledgment and Limitation of Statement The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any important changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day. The Seller acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers. Seller: _______________________________________________
Seller: _____________________________________________________
The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its own inquiries. Buyer: _______________________________________________
Buyer: _____________________________________________________
The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or guarantee the above information on the Property.
CORPORATE RELOCATION BUYER/SELLER DISCLOSURE This Schedule is attached to and forms part of the Purchase Contract # ________________
Section 20(h) of the Rules of Real Estate Act (Alberta) requires that a real estate brokerage cannot pay a commission or other remuneration directly or indirectly to an unlicensed party for services rendered in connection with a trade or dealing in real estate.
Real Estate Brokerage Name of Brokerage ______________________________________________________________________________________ Address _______________________________________________________________________________________________ City
Province/State
Postal/Zip Code
Name of broker, associate broker or agent receiving the referral ___________________________________________________ The Brokerage and its broker, associate broker and agents will not be responsible for any maintenance requirements on vacant properties. Upon an early cancellation of any listing agreement, the Brokerage will charge the Relocation Company a fee of $___________. The Brokerage, its broker, associate broker and agent will work within the requirements of the Real Estate Act (Alberta). ____________________________________________________
____________________________________________
Referred to Agent/Associate Broker Signature
Broker Signature
____________________________________________________ Date
Transferee Name ________________________________________________________________________________________________ Current Address ________________________________________________________________________________________ City
Province/State
Postal/Zip Code
Address of Purchase/Sale of Referral _______________________________________________________________________ Legal Description
City
Province/State
Postal/Zip Code
I am the transferee on these documents and I have a clear written understanding of agency as required under the Code of Conduct of the Real Estate Act (Alberta). q It is my understanding as a transferee that I am under a non-exclusive (open) brokerage real estate transaction and I, the transferee, am entitled to choose my agent/associate broker freely, and that the agent/associate broker is not required to pay any referral fee whatsoever. OR q It is my understanding that as a transferee that I am in an exclusive (closed) brokerage, that as a transferee I may have an agent/associate broker assigned to me by the Relocation Company, and that the agent/associate broker may have to negotiate a referral fee with the Corporate Relocation Company, providing the agreement does not conflict with the Real Estate Act (Alberta). ___________________________________________________
____________________________________________
Transferee Signature
Date
Corporate Relocation Company Name ________________________________________________________________________________________________ Address ______________________________________________________________________________________________ City
Province/State
Postal/Zip Code
The Corporate Relocation Company is a licensed real estate company in the province/state of __________________________. Name of the assigned licensed corporate relocation counsellor who will be handling all aspects in trade for the Transferee.
__________________________________________.
The corporate counsellor is licensed with (province/state regulatory body) __________________________________________. The Relocation Company agrees that it will practice within the requirements of the Real Estate Act (Alberta). ___________________________________________________
____________________________________________
Relocation Company Agent’s Signature
Date
Corporate Client Company Name ________________________________________________________________________________________ Address _______________________________________________________________________________________________ City
Province/State
Postal/Zip Code
The Corporate Client understands that it or any other unlicensed entity is not entitled to receive a commission or other remuneration on the transaction described herein. The Corporate Client has a clear understanding of agency and how agency affects the various parties to this transaction. The corporate contract for this particular transferee is in a(n) q non-exclusive (open) contract ___________________________________________________ Signature of Corporate Client © Draft June 2000
OR
q exclusive (closed) contract ____________________________________________ Date
MORTGAGE VERIFICATION FORM Approved by the Calgary Real Estate Board Date:
Please address replies to:
Mortgage Co.:
Name:
Address:
Company:
Mortgage No.:
Address:
Fax No.: RE: Name: Address:
Telephone:
Fax:
I/We hereby authorize you to provide with the mortgage information listed below and any other pertinent information they may require. Would you please return this form to the above address as soon as possible. Thank you.
Owners’ Signature 1. The current mortgage balance of
$ How much accrued interest? $
2. Does this include accrued interest? 3. Mortgage Payment $
P.I. or P.I.T. (excluding life insurance) per Date of last payment
4. Arrears if any $ 5. If applicable, what is the tax account balance? $ 6. Interest rate of mortgage
%. Term renewal date
7. Is this an insured mortgage? (i.e. CMHC, GEMICO) 8. What is the remaining amortization of the mortgage? 9. Can the mortgage be paid out? 10. If, so, how much would the payout penalty be? 11. Can the mortgage be paid out and remortgaged with your company? 12. The payout penalty, if any? 13. Can this mortgage be assumed without qualifying? 14. Do you have a copy of the Survey Certification or the Real Property Report? If yes, please enclose a photocopy for the benefit of your client. 15. Please indicate if there are any other special terms or prepayment privileges of this mortgage. . The information above is accurate and has been checked by our Mortgage Department. Confirmed by:
Title: Date:
Revised June 2002
NEW HOME SCHEDULE This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________ (the “Purchase Contract”)
Not to be used for the purchase of new condominiums. This Schedule concerns an agreement for the purchase and sale of a new home (the “Home”), as follows: Buyer: _______________________________________________________________________________________________________ Builder: ______________________________________________________________________________________________________ Municipal Address of the Home: __________________________________________________________________________________ ____________________________________________________________________________________________________________ The following terms apply to the purchase and sale of the Home. If these terms conflict with other terms of the Purchase Contract, the terms in this Schedule will prevail. 1.
Plans and Specifications: The Builder will construct (or complete construction) of the Home using: q the Builder's standard floor plans, standard specifications (the "Specifications") and standard choice of colours and finishing materials (the "Selections") for the _____________________________________________________________ model being built; q the Specifications and the Selections used in the Builder's showhome located at ______________________________________________________________________________________________________; q the floor plan, Specifications and Selections attached to this Schedule; q other (please specify) _____________________________________________________________________________________ The Builder will ensure that the Home complies with all applicable building codes.
2.
Selections and Extras: The Builder will complete the Home according to one of the following: q the Selections the Buyer makes based on the Specifications; q the Selections the Builder has made; q ______________________________________________________________________________________________________ ______________________________________________________________________________________________________
3.
Changes: The Builder reserves the right to make minor changes to the Home or make the Selections where the Buyer neglects to do so within the Builder's schedule. Minor changes are changes that do not detract from the value or significantly alter the appearance of the Home. If the Buyer requests installation of items that are not included in the price of the Home, the Builder will provide a change order form describing the item to be installed and the price to be paid for the change. The Buyer must pay for the extras when the change order is signed.
4.
Completion Day: The Builder will use reasonable efforts to ensure the Home is ready for occupancy on the Completion Day. The Builder cannot guarantee that the Home will be ready on time. Accordingly, if delays occur for reasons which are not within the control of the Builder, the Builder agrees to complete the Home as soon as practicable and to give the Buyer at least 30 days notice of the revised Completion Day. Notwithstanding the foregoing, if an occupancy permit is not issued within 60 days of the original Completion Day, the Buyer may terminate the Contract and receive a refund of all funds paid.
September 2002 The Alberta Real Estate Association
5.
GST: The price of the Home includes net GST payable, being GST less the GST New Housing Rebate (the "GST Rebate"). The Buyer warrants that the Buyer qualifies for the GST Rebate and will apply for it and assign it to the Builder. If, for whatever reason, the Builder does not receive the GST Rebate, the Buyer will pay the Builder an amount equal to the GST Rebate that would otherwise have been received by the Builder in addition to the Purchase Price.
6.
Unfinished Work: The Buyer acknowledges that the Home could be ready for occupancy without all work being completed. In that situation, the Builder's lawyer will keep an amount in trust equal to the Builder's estimated cost of completing the work. These funds will be released to the Builder as each item is completed.
7.
Builders' Lien Holdbacks: If the Buyer enters into this Contract before the drywall stage has been completed, the Buyer will be treated as an "owner" under the Builders' Lien Act. In this case, the Builder's lawyer will keep an amount in trust equal to the holdbacks required under the Act.
8.
Interest: No interest shall be payable on holdbacks maintained by the Builder's lawyer for unfinished work or Builders' liens.
9.
Warranty: The Builder warrants that the Home is covered by the following: q the Alberta New Home Warranty Program (attach Appendix A) q the National Home Warranty Program (attach Appendix B) q the Residential Warranty Company of Canada (attach Appendix C) q other (please specify) _______________________________________________________ Attach warranty as an appendix. The Buyer is advised to obtain a copy of the applicable warranty documentation as limitations may apply. Any disputes arising under the Purchase Contract shall be resolved through the process specified by the applicable warranty program (if any).
10. Visiting the Home: The Builder reserves the right to restrict access to the site during construction. Any party visiting the Home under construction does so at its own risk. The Buyer is encouraged to view the Home only when accompanied by the Builder's representative. 11. Completion of Subdivision: On the Completion Day, the subdivision developer may not have completed all of its obligations to the municipality. Accordingly, title to the Buyer's home may be subject to a development agreement caveat in favour of the municipality. Although such a caveat will be treated as a permitted encumbrance for closing purposes, this agreement does not transfer the obligation to complete the subdivision to the Buyer.
_________________________________________________
_________________________________________________________
Date
Builder’s Signature
_________________________________________________
_________________________________________________________
Buyer’s Signature
Buyer’s Signature
_________________________________________________
_________________________________________________________
Witness
Witness
This form was developed with a grant from the Alberta Real Estate Foundation.
NON DISCLOSURE OF BUYER/SELLER’S NAME M.L.S.
#
Real Estate Listing Contract
#
Real Estate Purchase Contract
#
Between: BUYER/SELLER
THE BROKERAGE (the “Brokerage”)
Last Name
First Name
Brokerage Name
Last Name
First Name
Broker/Manager/Agent
IN CONSIDERATION of the Calgary Real Estate Board Co-Operative Ltd.’s Rules and Regulations, hereby acknowledge the written
I/we Broker/Manager/Agent
that their said name
request from Buyer/Seller
not be disclosed on M.L.S. Listing/Purchase information.
request that the Calgary Real
I/We Buyer/Seller
Estate Board Co-Operative Ltd. not disclose our name on M.L.S. Listing/Purchase information.
Buyer/Seller
Witness
Buyer/Seller
Witness
Broker/Manager/Agent
Dated this
day of
Buyer/Seller acknowledges receiving a copy of this Agreement
,
.
REAL ESTATE LISTING CONTRACT EXTENSION/AMENDMENT AGREEMENT MLS# _______________________________________
Real Estate Listing Contract # ____________________________
TO: _________________________________________________________________________________________________________________________ Brokerage Name (the “Brokerage”) My/Our Property known as: _____________________________________________________________________________________________________________________________. Municipal Address Plan _________________________________________________ Block _____________________ Lot _______________ Subdivision _______________ OR W. of
Range
Township
Section
Part
Acres
OR Condo. Unit No. ________________________________ Plan No. _______________________________ Project Name ___________________________ Current Price $ ______________________________________________ Current Expiry Date ________________________________________________
I/We hereby agree to the following changes with reference to the above listing: 1. Listing Extension: The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on ____________________________________________________________________________________________________, _________________
2.
Price Change: The asking price for the Property will be changed to $ ______________________________________________________________________ effective as of ________________________________________________________________________________________, ________________.
3.
Other Amendments (if any): ___________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________
Dated this _______________________day of ____________________________________________________________________, ___________________. __________________________________________________________________ Seller
_________________________________________________________
__________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
Seller _____________________________________________________________________________________
Address
Seller acknowledges receiving a copy of this Agreement
_____________________________________________________________________________________ September 2002
Calgary Real Estate Board Jan. 13/04 MEMBER’S SUPRA KEYHOLDER LEASE AGREEMENT THIS KEYHOLDER LEASE AGREEMENT (“Lease”) is entered into as of _______________20 ___, by and between Calgary Real Estate Board (“CREB”) and its Member (# __ __ __ __ __ __) herein referred to as (“Keyholder”) __________________________________________________ (please print name) and covering the following Equipment (together, the “Equipment”): DisplayKEY (Serial # _________________________________)
DisplayKey Cradle (Serial # _________________________________)
KEYHOLDER and CREB agree as follows: CREB hereby leases to Keyholder, and Keyholder hereby leases from CREB, the Equipment (which may be new or refurbished), under the terms and conditions below and on page 2 (“Other Terms and Conditions of the Lease”): 1. Term of Use: This Lease shall commence on the date set forth above and have a term (“Term”) until January 31, 2005, unless terminated earlier or extended pursuant to the provisions of this Lease. The Term shall automatically extend for successive additional one (1) year periods, ending January 31, 2010, unless (i) either party provides a written notice of non-extension at least sixty (60) days in advance of the then current Term or (ii) this Lease is terminated in accordance with Section 6 below. 2. Equipment Deposit: CREB hereby acknowledges ___ current or ___ previous receipt of the sum of $50.00 from the Member as an Equipment deposit (“Deposit”) to be held by CREB. In the event of violation of any provision of this Lease, the Deposit shall be forfeited to CREB. The Deposit shall be refunded, without interest, upon return of the Equipment to CREB prior to any breach of this Lease. 3.
Risk of Loss; Return of Equipment: a. No loss, damage or destruction to the Equipment shall relieve Keyholder of any obligation under this Lease, except to the extent any such loss, damage or destruction is directly caused by the negligence of CREB. The cost for replacing any Equipment that is lost, damaged or destroyed is forfeiture of the Keyholder’s $50.00 deposit, plus $175.00 for the DisplayKEY Cradle and $250.00 for the DisplayKEY. Replacements may be refurbished Equipment. If Equipment is lost, damaged or destroyed and not replaced, the cost to Keyholder is forfeiture of the Keyholder’s $50.00 deposit, plus $175.00 for the DisplayKEY Cradle plus an amount for the DisplayKEY equal to $400.00 if replaced in 2004; $350 in 2005; $300 in 2006; $250 in 2007, 2008, 2009 or 2010. b. At the expiration of the Term, Keyholder, at Keyholder’s expense and risk, shall immediately return or cause the return to CREB, all of the Equipment with all Software and any components included within the Service (as defined on page 2) that have been leased to Keyholder pursuant to this Lease. The Equipment and components used in connection with the Service shall be returned in good condition, repair and working order, ordinary wear and tear excepted. 4. Security of Equipment: By executing this Lease, Keyholder acknowledges that it is necessary to maintain the security of the Equipment and the personal identification number of each piece of Equipment, and of personal identification numbers, to prevent the use of the Equipment by unauthorized persons, and Keyholder agrees to use her or his best efforts to ensure the confidentiality and integrity of all components of the Equipment and its use. 5. Fees and Payments: During the term of this Lease, but excluding any part of the month of January and February, 2004, Keyholder agrees to pay to CREB a monthly fee (“Systems Fee”) of $20.00 (twenty dollars) plus applicable tax (presently G.S.T.), without setoff for any reason, for the lease and use of the Service both during the original Term and during renewals through to January 31, 2010, unless the Lease is earlier terminated as permitted in Section 6. Keyholder shall be billed by CREB each month, except for January and February, 2004, and payment is due in accordance with CREB policy for other invoiced charges to Members. 6.
Termination: a. Keyholder may terminate this Lease at any time by returning the Equipment to CREB and paying CREB any amounts owing prior to such termination, including (i) any applicable damages for the failure to return the Equipment as set forth in Section 3 (a) hereof and (ii) any Systems Fees owing prior to such termination which remain unpaid. b. Keyholder acknowledges that, in order to make the Service available to Keyholder, CREB and Supra Key Control Limited (“Supra”) entered into a Services and Administration Agreement (the “Services Agreement”) that provides, among other things, the terms under which Supra will provide the Service to CREB. CREB may terminate this Lease upon termination of its Services Agreement with Supra, for any reason, including without limitation, default by CREB under the Services Agreement or an upgrade of the Service by CREB. Upon termination, Keyholder shall be obligated to satisfy the obligations set forth above in Section 5. c. Any unused portion of any Systems Fee for use of the Service previously paid shall be forfeited by Keyholder and Keyholder shall not be entitled to a refund. 7. Indemnification: The Keyholder agrees to indemnify, defend and hold harmless CREB and/or Supra, and their respective directors, officers, agents, representatives, employees, successors and assigns, from and against any and all claims, demands, actions, losses, damages, injuries, obligations, liabilities and costs and expenses of every kind or nature (including reasonable attorneys’ fees, incurred by CREB and/or Supra as a result of damage or injury to premises or persons arising from the use, by the Keyholder or any other person, of the Equipment. _______________________________________________ (Keyholder’s Signature)
Public ID: _______________________________________
Brokerage Name:_______________________________
E-mail address:_______________________________________
_______________________________________________ (for Calgary Real Estate Board)
Date: _______________________________________
MEMBER’S SUPRA KEYHOLDER LEASE AGREEMENT Other Terms and Conditions of the Lease 1. In addition to the Equipment, CREB hereby grants to Keyholder (i) a limited non-exclusive, non-transferable sub-license to use the network, the use of which CREB licenses from Supra, which is necessary for the use and operation of the Equipment (the “Network”) for the Term (as defined in Section 1 on page 1) and (ii) a limited, non-exclusive, nontransferable license to use the Software CREB licenses from Supra (the “Software”) for the Term. The Equipment, Software and Network are collectively referred to herein as the “Service.” The Service is more fully described in the User’s Guide published by Supra, which will be provided to Keyholder and is incorporated herein by reference. Keyholder may have previously purchased keyboxes from CREB, which are not included in the definition of the Equipment. 2. Keyholder hereby acknowledges and agrees that the Network and Software are and shall at all times remain the property of Supra, and the Equipment remains the property of CREB. All additions, attachments, replacement parts and repairs to the Equipment, and any Replacements shall become part of the Equipment and shall, without further act, become the property of CREB. The Software and all applicable rights in patents, copyrights, trade secrets, and trademarks are and shall at all times remain the property of Supra. 3. Keyholder acknowledges and agrees that she or he must comply with the Rules and Regulations relating to the use of the Service which are set forth in the User’s Guide and with the Rules and Regulations of CREB.
1
4. Keyholder further acknowledges that neither the Service, nor any other Supra product or the Equipment used in connection with the Service, is a security system. 5. Keyholder acknowledges that, in order to make the Service available to Keyholder, Supra and CREB entered into a Services and Administration Agreement with a Start Date of January 26, 2004 (the “Services Agreement”), that provides, among other things, the terms under which Supra will provide the Service to CREB. Keyholder acknowledges that, if the Services Agreement is terminated for any reason during the Term of this Lease, the Service will no longer be available to Keyholder and this Lease will terminate. Keyholder further acknowledges and agrees that CREB may elect a different Service or choose to upgrade the Service at any time during the Term of this Lease, which may result in an increase of the Systems Fee (as defined in Section 5 on page 1) and/or the termination of this Lease. Except as the rights and obligations of Keyholder and CREB under this Lease may be affected as described in the two preceding sentences, the rights and obligations between Keyholder and CREB with respect to the Service are governed solely by the terms and conditions of this Lease. Keyholder acknowledges that failure of CREB to perform any of its respective obligations under the Services Agreement may detrimentally affect Keyholder’s use of the Service. 6. In the Services Agreement, Supra has reserved the right to discontinue any item of Equipment used in connection with the Service upon the provision of one (1) year prior written notice to CREB. If Supra discontinues any item of Equipment, the Equipment leased hereunder shall continue to be completely compatible with and shall function with the Service. If the Equipment leased hereunder is lost, destroyed or damaged, CREB may replace that Equipment with refurbished Equipment (“Replacement”) which shall be completely compatible with and shall function with the Service, and shall offer the same level of functionality as the Equipment currently offered. 7. Representation and Covenants by the Keyholder: a. That neither CREB nor Supra shall be liable for any compensatory, indirect, incidental, consequential, punitive, reliance or special damages, including, without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, arising out of the use or inability to use the Service for any purpose whatsoever whether or not Keyholder has been advised of the possibility of such damages. b. That Keyholder will not (i) use or gain access to the source code for the Software; (ii) alter, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble or prepare derivative works based upon the Software; or (iii) provide or otherwise make available the Software or any part or copies thereof to any third party. c. That Keyholder will provide CREB with written notice of any legal proceeding or arbitration in which Keyholder is named as a defendant and that alleges defects in the Equipment or KeyBoxes within ten (10) days after Keyholder receives written notice of such action. d. The obligations set forth in this Section shall survive termination of this Lease. 8. Default: a. Each of the following events shall be an Event of Default by Keyholder under this Lease: (i) Keyholder’s failure to pay, for any reason, any amount required under this Lease within fifteen (15) days after the date that such payment is due; or (ii) The commencement of either an involuntary or voluntary action under any bankruptcy, insolvency or other similar; provided, however, that the commencement of any involuntary case or proceeding will not be an Event of Default under this Lease if such case or proceeding is dismissed within sixty (60) days after it was commenced. b. An Event of Default by CREB under this Lease will occur upon the termination for any reason of its Services Agreement with Supra. 9. Rights and Remedies: a. Upon the occurrence of an Event of Default by Keyholder, CREB may, at its sole option and without limitation or election as to other remedies available under this Lease or at law or in equity, exercise one or more of the following remedies: (i) Terminate this Lease and demand the return of any Equipment to CREB; (ii) Terminate one or both of Keyholder’s sub-licenses to use the Network and to use the Software; (iii) Direct Supra to deactivate Keyholder’s access to the Service or any component of Service; (iv) Bill the Keyholder for any outstanding amounts owed under this Lease, including any applicable liquidated damages for the failure to return the Equipment; and/or (v) Take any and all actions necessary to collect all amounts currently due and owing under this Lease, including any and all costs and expenses of every kind or nature incurred by CREB in connection with the exercise of its rights and remedies under this Lease. b. Upon the occurrence of an Event of Default by CREB or termination of this Lease, all of Keyholder’s obligations under this Lease shall terminate, except that Keyholder shall be required to return the Equipment to CREB and to pay CREB any outstanding amounts owed under this Lease, including any applicable liquidated damages for the failure to return the Equipment. c. If CREB deactivates the Service because of a default by Keyholder under this Lease, but does not otherwise terminate this Lease, Keyholder will be entitled to seek to have the Service reactivated. In order to so, Keyholder shall be required to cure any and all existing defaults, and to pay any and all outstanding amounts owed under this Lease and the reasonable costs and attorneys’ fees incurred by CREB in connection with collecting under this Lease. After confirmation of the curing of such defaults and the receipt of payment of such amounts, CREB shall reactivate the Equipment within twenty-four (24) hours of the curing of default and receipt of payment. d. In the event that CREB institutes any action for the collection of amounts due and payable hereunder, Keyholder shall pay, in addition to the amounts due and payable under this Lease, all reasonable costs and attorneys fees incurred by CREB in connection with collecting under this Lease. Keyholder expressly waives all rights to possession or use of the Service or the Equipment or any component thereof after the occurrence of an Event of Default, and waives all claims or losses caused by or related to any repossession or termination of use. e. CREB’s failure or delay in exercising any right or remedy under this Lease shall not operate as a waiver thereof or of any subsequent breach or of such right or remedy. Keyholder understands that CREB’s rights and remedies are cumulative, not exclusive, and no exercise of any remedy shall preclude the exercise of another remedy. 10. Mediation/Arbitration; Litigation: Any controversy or claim arising out of or relating to this Lease shall be resolved by mediation, or failing successful mediation, then by binding arbitration in accordance with the rules of the Alberta Arbitration & Mediation Society or such other rules as may be agreed to by the parties. The substantially prevailing party in any arbitration under this Lease shall be entitled to recover from the other as part of the arbitration award reasonable costs and attorneys fees. Any arbitration award may be enforced by a court of competent jurisdiction in accordance with applicable Alberta law. In the event that legal action to enforce the arbitration award is necessary, the substantially prevailing party shall be entitled to recover its reasonable costs and attorneys fees in such action and in any appeals therefrom or reviews thereof. 11. Notices: All notices hereunder shall be sent by (i) hand-delivery, (ii) facsimile, (iii) certified mail, return receipt requested, postage prepaid, (iv) overnight delivery service, or (v) e-mail, to the party being noticed at the address on file at CREB for the Brokerage Name set forth in the signature block of this Lease, or for CREB at 300 Manning Road NE, Calgary, Alberta or to such other address as a party shall subsequently specify to the other party in writing. Notification to the Membership Department of CREB shall suffice for any Member of CREB. Notices shall be deemed to have been delivered when received; if hand-delivered or sent by facsimile or certified mail, three (3) days after the day deposited in the mail; or one (1) day after the day deposited with an overnight delivery service. 12. Warranty: Keyholder acknowledges that the Equipment is warranted by Supra, and not by CREB, against defects in workmanship and/or materials, The Equipment is warranted by Supra against defects in workmanship and/or materials, to be fit for its intended purpose and to conform in all material respects to its written specifications for the term of the Lease. Supra shall, without charge, repair or replace such defective or nonconforming component during the warranty period. Keyholder must return any defective system component under warranty to CREB at Keyholder’s sole cost and expense, and CREB shall provide a workable substitute piece of Equipment during the repair period. This warranty does not extend to any damage caused by accident, abuse, neglect or misuse of system components. Keyholder agrees to cooperate with CREB and Supra by performing diagnostic tests provided to Keyholder when Keyholder initially seeks warranty service. 13. General Provisions: a. This Lease constitutes the entire agreement between CREB and Keyholder relating to the lease of Equipment and use of the Service. b. Provided that Keyholder has returned to CREB all keys previously leased by CREB to Keyholder, all prior leases between CREB and Keyholder for such keys are hereby terminated effective as of the parties’ execution of this Lease. c. This Lease shall be effective and binding upon the parties hereto when fully executed by both parties. This Lease may be executed in a number of counterparts, each of which will be deemed an original and when taken together shall constitute one agreement. d. This Lease shall be amended or modified only by a written agreement signed by CREB and Keyholder. e. Any waiver or consent by any party to any breach by the other, whether express or implied, shall not constitute a consent to or waiver of any other or subsequent breach. f. All agreements, representations and warranties contained in this Lease shall survive the expiration or other termination of this Lease. g. If any provision of this Lease is unenforceable, such unenforceability shall not affect the enforceability of the remaining provisions of this Lease. h. This Lease shall be governed by the laws of the Province of Alberta. i. This Lease shall be binding upon and inure to the benefit of CREB, and its successors and assigns, and Keyholder and its permitted successors and assigns.
2
URBAN RESIDENTIAL PROPERTY DISCLOSURE STATEMENT Purpose of Statement This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. This disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the Buyer. Date of Disclosure: _______________________________________________________________________________________________ Seller’s Name: __________________________________________________________________________________________________ Property Address: ________________________________________________________________________________________________ The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 1.
Does the Property comply with the current government and municipal guidelines or constitute a lawful, non-conforming building?
Y
N
?
n/a
2.
To the best of your knowledge, are the exterior walls (above grade) insulated?
Y
N
?
n/a
3.
To the best of your knowledge, is the ceiling insulated?
Y
N
?
n/a
4.
To the best of your knowledge, are the basement walls insulated?
Y
N
?
n/a
5.
Is the basement a preserved wood foundation or concrete? ____________________________________ If preserved wood foundation, is an engineer’s certificate available?
Y
N
?
n/a
6.
Did you have a home inspection report completed when you purchased the Property? If yes, did it indicate any significant repairs needed that have not been done?
Y Y
N N
? ?
n/a n/a
7.
Do you have a real property report that reflects the current state of improvements to the Property? (e.g. detached garage, fences, decks, sheds, etc.)
Y
N
?
n/a
Does the real property report have a stamp of compliance? If yes, date __________________________
Y
N
?
n/a
Has the wood stove/fireplace insert been inspected and approved by local authorities?
Y
N
?
n/a
Are all items to be included in the transaction free and clear of all encumbrances?
Y
N
?
n/a
Y
N
?
n/a
11. Are you aware of any additions or alterations made without a required permit?
Y
N
?
n/a
12. Are you aware of any structural problems with the house and/or improvements?
Y
N
?
n/a
13. To the best of your knowledge, have any improvements ever contained asbestos?
Y
N
?
n/a
14. To the best of your knowledge, have any improvements ever contained urea formaldehyde insulation?
Y
N
?
n/a
15. Are you aware of any unregistered encroachments, easements or rights-of-way on this Property?
Y
N
?
n/a
16. Are you aware of any unregistered encroachments, easements or rights-of-way by your Property on neighbouring properties?
Y
N
?
n/a
17. Have you received any notice or claim affecting the Property from any person or entity?
Y
N
?
n/a
18. Have you received any insurance settlements where the work has not been done?
Y
N
?
n/a
19. Are you aware of any roof leakage or unrepaired damage? (age of roofing _______ years) Indicate type of roofing: ________________________________________________________________
Y
N
?
n/a
20. Are you aware of any problems with the heating/air conditioning/ventilation systems?
Y
N
?
n/a
21. Are you aware of any problems with the electrical system, switches or receptacles?
Y
N
?
n/a
22. Are there any extension cords stapled to baseboards or under carpets/rugs?
Y
N
?
n/a
23. Are there any hidden defects under the floor coverings or in the walls?
Y
N
?
n/a
24. Are you aware of any problems with the plumbing system?
Y
N
?
n/a
25. Are you aware of any problems with a jetted tub, hot tub and/or swimming pool?
Y
N
?
n/a
8. 9.
If no, list items _______________________________________________________________________ 10. Does the Property contain unauthorized accommodation? If yes, alter Listing and Purchase Contracts.
© May 2001/September 2002 The Alberta Real Estate Association
-2-
The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 26. Are you aware of problems with any appliances or mechanical items to be included in this transaction?
Y
N
?
n/a
27. Are you aware of any moisture and/or water problems in the house or any other part of the Property?
Y
N
?
n/a
28. Are you aware of any past or present flooding or drainage problems on the Property?
Y
N
?
n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problem?
Y
N
?
n/a
30. Does the Property have any problems with retaining walls cracking or bulging?
Y
N
?
n/a
31. Are you aware of any damage due to weather, fire, water, insects or rodents?
Y
N
?
n/a
32. Other than those stated above, are you aware of any other latent (hidden) defects on the Property?
Y
N
?
n/a
33. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? If yes, has an environmental audit been completed? (if yes, attach copy)
Y Y
N N
? ?
n/a n/a
34. Are you aware of any fees for usage of parks, lakes, community centres, etc.? (amount $_____________)
Y
N
?
n/a
35. Is this Property of historical significance in the opinion of a government authority?
Y
N
?
n/a
36. Are there any conditional sales contracts or equipment leases? (e.g. water softener, alarm system) If yes, what is the payout? _____________________ Number of months remaining _______________
Y
N
?
n/a
Additional Comments and/or Explanations: (Use additional pages if necessary) ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Acknowledgement and Limitation of Statement The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any important changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day. The Seller acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers. Seller: _____________________________________________ Seller: ________________________________________________ The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its own inquiries. Buyer: _____________________________________________ Buyer: _______________________________________________ The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or guarantee the above information on the Property.
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AREA Agency Disclosure Forms Jan 22, 2004
Customer Status Disclosure
Jan 22, 2004
Informed Dual Agency Sale
Jan 22, 2004
Referral Disclosure (Jan 2004)
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AREA Brokerage Forms Jan 22, 2004
Buyer Brokerage Amendment
Jan 22, 2004
Buyer Brokerage Contract
Jan 22, 2004
Buyer Brokerage Termination
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AREA Residential Contracts Jan 21, 2004
Addendum Purchase Contract
Jan 21, 2004
Amendment Addendum Form
Jan 21, 2004
Amendment Agreement Extension
Jan 21, 2004
Ammendment Purchase Contract
Jan 21, 2004
Commission Agreement
Jan 21, 2004
Condo Property Schedule
Jan 21, 2004
Condominium Appendix
Jan 21, 2004
Dower Schedule
Jan 21, 2004
Financing Schedule
Jan 21, 2004
Listing Contract Appendix
Jan 21, 2004
Listing Termination Agreement
Jan 21, 2004
Notice
Jan 21, 2004
Property Inspection Schedule
Jan 21, 2004
Property Schedule
Jan 21, 2004
Residential Listing Contract
Jan 21, 2004
Residential Purchase Contract
Jan 21, 2004
Sale Buyer Home
Jan 21, 2004
Seller Buyer Notice
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Forms Nov 1, 2002
Agent Disclosure Form
Nov 1, 2002
Alberta New Home Warranty Program Appendix A
Nov 1, 2002
Alberta New Home Warranty Program Appendix A - Schedule A
Nov 1, 2002
Alberta New Home Warranty Program Appendix A - Schedule B
Nov 1, 2002
Alberta New Home Warranty Program Appendix A - Schedule C
Dec 1, 2002
Alberta New Home Warranty Program Appendix B - Addendum
Dec 1, 2002
Alberta New Home Warranty Program Appendix C AREA Credential Form for Alberta Crown Land - Residential
Jun 1, 2002
Broker / Agent Buying On Own Behlaf
Sep 1, 2000
Builder / Realtor Registration Form
Nov 1, 2002
Condominium Sellers Property Disclosure Statement
Aug 1, 2001
Corporate Relocation Buyer / Seller Disclosure
Sep 26, 2003
CREN Ad Form
Mar 1, 2003
MLS Preview Form & Background
Jun 1, 2002
Mortgage Verification
Jan 1, 2003
New Home Schedule
Dec 1, 2001
Non Disclosure of Buyer / Seller Name
Sep 25, 2003 Dec 1, 2001 Jan 14, 2004
Real Estate Listing Contract Extension / Amendment Agreement Residential Listing Input Form Revised Supra Keyholders Lease Agreement
Jan 8, 2004
Supra Key Exchange
Jan 8, 2004
Supra Letter of Authenticity for 3rd Party Pickup
Sep 25, 2003
Urban Residential Property Disclosure Statement
Customer Status Disclosure Acknowledgment (To be used when there is no agency relationship)
Members of the Canadian Real Estate Association are required to abide by a strict Code of Ethics and Standards of Business Practice, which serves to protect the buying and selling public alike. One of the ethical obligations embodied in the Code requires that REALTORS disclose who they are representing (or not representing) in a real estate transaction: A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the customer or other party to the transaction.
Agency/Client Relationship A REALTOR representing a client in a real estate transaction works within a legal relationship called agency. As an agent, the REALTOR owes the client a number of duties including loyalty, obedience of lawful instructions of the client, confidentiality, reasonable care and skill in performing the tasks required, accounting of all money received, full disclosure of all relevant facts, and nondelegation of responsibilities. The client, on the other hand, owes the agent a duty of reasonable compensation for the services rendered.
Customer A party may choose to represent him/herself in a real estate transaction. A party representing him/herself (either as a buyer or a seller) is referred to as a third party to the client, and a customer to the REALTOR representing the client. Unless otherwise expressly agreed to in writing, the customer is not expected to pay the REALTOR any compensation. On the other hand, the customer does not have the protection of the duties which a client in an agency relationship receives from his/her agent. Notwithstanding the foregoing, a REALTOR assisting a customer has to be honest and ensure that all information provided to the customer is factually correct.
Acknowledgment Having read and understood this form, I/we acknowledge that: ______________________________________________________________________ (name of broker, associate broker or agent) being registered with ______________________________________________________________________ (name of brokerage) disclosed that he/she is representing ______________________________________________________________ (name of client) in the purchase/sale of _________________________________________________________________________________________ __________________________________________________________________ (property address) and is not acting on my behalf. I further acknowledge that my status in the above transaction is that of a customer. Dated this _________________ day of ___________________________________________________________, _____________.
_____________________________________________________________ Customer
_______________________________________________________________________ Witness
_____________________________________________________________ Customer
_______________________________________________________________________ Witness © January 2004 The Alberta Real Estate Association
Informed Dual Agency Consent (To be completed by the Buyer and attached to the Purchase Contract #_________________) As required by the Real Estate Council of Alberta's Code of Conduct, a real estate brokerage (including its broker, associate brokers, and agents) must only act for one party in a transaction, unless there is full disclosure to all parties, and the dual agency is agreed to in writing. The client must fully understand the implications of dual agency and give an informed consent in writing prior to entering into a real estate transaction.
The Agency Relationship You, the Buyer, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate brokers and agents (collectively referred to as the Buyer's Agent). A brokerage, its broker, associate brokers and agents representing a seller are referred to as the Seller's Agent. The Buyer's Agent is obligated to protect and promote your interests. Specifically, the Buyer's Agent owes you the fiduciary duties of loyalty, obedience, confidentiality, reasonable care and skill, full disclosure, and full accounting. You, as the Buyer, and potential sellers may be represented by different brokerages (the Buyer's Agent and the Seller's Agent). Each of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing sellers will not have a fiduciary relationship with you. The seller may be acting on its own behalf. In this situation, the Buyer understands that the Brokerage will represent only the Buyer as Buyer’s Agent and will not owe fiduciary duties to the seller.
Dual Agency Dual Agency occurs when one brokerage (the Dual Agent) trading in real estate from one or more locations, represents both you and the seller, or more than one buyer, with respect to the potential purchase of the Property. In such circumstances, the described fiduciary duties are limited as follows: The Dual Agent: (a) will not, without prior written authority, disclose: (i) to the seller that you will pay a price higher than the offered price (or countered price), (ii)
to you that the seller will accept a price lower than the listed price,
(iii) to the seller the reason that you are buying, (iv) to you the reason that the seller is selling, and (v)
to you or other buyers the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will disclose to you and the seller all facts known that materially affect or may materially affect the marketability or value of the Property. The Buyer authorizes the Buyer's Agent (______________________________________________________________________) to act as a Dual Agent in accordance with the above disclosure.
(the Brokerage)
__________________________________________ Buyer
___________________________________________ Witness
______________________________________________ Date
__________________________________________ Buyer
___________________________________________ Witness
______________________________________________ Date
_________________________________________ Seller
___________________________________________ Witness
______________________________________________ Date
__________________________________________ Seller
___________________________________________ Witness
______________________________________________ Date © January 2004 The Alberta Real Estate Association
REFERRAL FEE DISCLOSURE FORM Acknowledgment I/We acknowledge and agree that: ______________________________________________________________________________________________________________ (Broker, associate broker, agent) representing ____________________________________________________________________________________________________ (Brokerage) will be receiving a referral fee of ____________________________________________________________________________________ as a result of q sale of property q lease of property q purchase of property q approved mortgage q other __________________________________________________________
Client Referred From:
Client Referred To:
__________________________________________________ Broker, associate broker, agent
__________________________________________________
__________________________________________________ Brokerage
__________________________________________________
__________________________________________________ Address __________________________________________________ (postal code) __________________________________________________ Phone Fax
__________________________________________________ Address __________________________________________________ (postal code) __________________________________________________ Phone Fax
__________________________________________________ Email
__________________________________________________ Email
Client Information Client's Name ___________________________________________________________________________________________________ Address _______________________________________________________________________________________________________ ______________________________________________________________________________________________________________ (postal code) ______________________________________________________________________________________________________________ Phone Fax Email
Additional Client Information ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ SIGNED at _____________________________________, this ________ day of _________________________________, ___________.
________________________________________________
_____________________________________________________
________________________________________________
_____________________________________________________
Signature of Referred Client Signature of Referred Client
Witness Witness
January 2004
AMENDMENT TO THE BUYER BROKERAGE CONTRACT Contract # ______________________ Further to the Buyer Brokerage Contract dated the __________ day of ___________________________________________, ______________. Between THE BUYER
and
THE BUYER’S BROKERAGE (the “Brokerage”)
Name ____________________________________________________
Brokerage Name _____________________________________________
Name ____________________________________________________
___________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
The following changes shall be made to the above Contract and except for such changes noted below, all other terms and conditions in the Contract shall remain as stated therein. DELETE: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
INSERT: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Dated at ____________________________, Alberta, this ______________day of ______________________________, __________ at __________ a.m./p.m. ______________________________________________________________
__________________________________________________________
Buyer
Witness
______________________________________________________________
__________________________________________________________
Buyer
Witness
________________________________________________________ Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
September 2002/January 2004
CONTRACT # _________________________
BUYER BROKERAGE CONTRACT
This form was developed by the Alberta Real Estate Association for the use of its members and may not be altered electronically by any person. Others who use this document do so at their own risk.
This Contract is between
THE BUYER
THE BUYER’S BROKERAGE (the “Brokerage”)
and
Name _____________________________________________________________
Brokerage Name ____________________________________________________
Name _____________________________________________________________
___________________________________ Email _________________________
Address ___________________________________________________________
Address ___________________________________________________________
__________________________________________________________________
Phone _____________________________ Fax __________________________
(postal code) (postal code)
Phone _______________________________ Fax ________________________
__________________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
Email ______________________________________________________________
Member of the ____________________________ Real Estate Board (the “Board”)
1.
OTHER BUYER BROKERAGE CONTRACTS
1.1
Have you entered into any other buyer brokerage contract with a brokerage in Alberta during the last twelve months?
1.2
Are you currently in a buyer brokerage contract with another real estate brokerage?
2.
TERM OF THIS CONTRACT
2.1
The Buyer agrees to retain only the Brokerage:
2.2
q Yes
q No
q Yes
q No
advise prospective sellers or their brokerages with whom the Brokerage is negotiating that they represent the Buyer;
(d)
cooperate with brokerages which represent sellers of real estate;
(e)
not disclose the Buyer's identity if instructed not to do so.
ENDING THIS CONTRACT
5.1 This Contract will automatically end if the Brokerage:
(a)
to find real estate suitable for the Buyer to Purchase and,
(b)
to assist the Buyer in negotiating the terms of the Purchase.
The following properties are excluded from this Contract: _____________________________________________________________ _____________________________________________________________
2.3
5.
(c)
(a)
has had its licence to trade in real estate suspended or cancelled under the Real Estate Act (Alberta);
(b)
ceases to be a member in good standing of a real estate board; or
(c)
is bankrupt, insolvent, or in receivership.
5.2 Where a party to this Contract has breached the Contract, the other party may end the Contract by notice in writing to the party in breach.
_____________________________________________________________
5.3 The Brokerage may enforce clause 6.4(b) even if the Contract has ended or expired.
_____________________________________________________________
6.
The Term of the Contract is effective today until 11:59 p.m. on ___________
6.1 The Brokerage’s fee (the “Fee”) shall be:
______________________________________________ (the “Expiry Date”)
THE BROKERAGE’S COMPENSATION
(a)
the portion of the real estate commission, if any, paid to the Brokerage by the seller's brokerage respecting a transaction involving the Buyer (the “Collected Commission”), or
(b)
_______________________________________________________ plus GST,
unless renewed/extended in writing. 3.
DUTIES OF THE BUYER
3.1
The Buyer agrees to:
whichever is greater.
(a)
advise the Brokerage of real estate in which the Buyer is interested;
(b)
provide the Brokerage with sufficient personal and financial information to enable the Brokerage to determine the Buyer's ability to Purchase real estate;
6.2 (a)
As security for payment of the Fee when this Contract is signed, the Buyer will deposit with the Brokerage, to be held in trust, the sum of $________________________________________ (the “Fee Deposit”).
(c)
negotiate in good faith the Purchase of any specific property in which the Buyer is interested.
(b)
The Brokerage is authorized to apply the Fee Deposit toward the Fee and applicable GST.
(c)
The Fee Deposit shall be refunded to the Buyer not later than 90 days after the Expiry Date if the Fee is not earned according to clause 6.4. If the Buyer has signed a contract with a new brokerage as per clause 6.5, the Fee Deposit shall be refunded forthwith to the Buyer.
4.
DUTIES OF THE BROKERAGE
4.1
The Brokerage will: (a)
(b)
provide the Buyer with information about real estate listed on the Board's Multiple Listing Service® or such other real estate as the Brokerage is or becomes aware of and which may meet the Buyer's requirements; assist the Buyer at the Buyer's written request and expense to obtain inspections, real property reports, certificates of title and any other searches and additional information which the Buyer may require in order to decide whether to Purchase any specific property;
January 2004 The Alberta Real Estate Association
______________ Buyer’s Initials
6.3 If any Collected Commission plus the Fee Deposit: (a)
exceeds the Fee and GST, then the excess will immediately be paid by the Brokerage to the Buyer, or
(b)
is less than the Fee and GST, then the shortfall will immediately be paid by the Buyer to the Brokerage.
______________ Buyer’s Initials
Page 1 of 2
CONTRACT # _________________________
6.4 The Brokerage will be entitled to receive the Fee and the Buyer will be obligated to pay it, if: (a)(i) during the term of this Contract, the Buyer enters into a contract for the Purchase of any specific property; (ii) the obligations of the parties are (have become) unconditional; and (iii) at the closing date the seller is willing and able to complete the transaction; or (b) within 90 days after this Contract has ended, the Buyer enters into a contract for the Purchase of any specific property and during the term of this Contract the specific property was introduced to the Buyer by the Brokerage or through the efforts of the Brokerage.
9.
DEFINITIONS
9.1
In this Contract:
6.5 Clause 6.4 will not apply if after this Contract has ended the Buyer has signed an agreement with a new brokerage and the Buyer is obligated to pay a fee to the new brokerage as a result of the Purchase of any specific property. 6.6 The Fee plus GST earned by the Brokerage shall be payable upon completion of the transaction. If there is an additional amount payable to the Brokerage, the Buyer will pay it upon completion of the transaction. In the event the Buyer refuses to complete the transaction, the Fee is due and payable within seven (7) days of demand by the Brokerage. 7.
AGENCY DISCLOSURE/ACKNOWLEDGMENT
7.1 You, the Buyer, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate brokers and agents (collectively referred to as the Buyer's Agent). A brokerage, its broker, associate brokers and agents representing a seller are referred to as the Seller's Agent. 7.2 The Buyer's Agent is obligated to protect and promote your interests. Specifically, the Buyer's Agent owes you the fiduciary duties of loyalty, obedience, confidentiality, reasonable care and skill, full disclosure and full accounting. 7.3 You, as the Buyer, and potential sellers may be represented by different brokerages (the Buyer's Agent and the Seller's Agent). Each of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing sellers will not have a fiduciary relationship with you. 7.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in real estate from one or more locations, represents both you and the seller, or more than one buyer, with respect to the potential purchase of a property. In such circumstances, the described fiduciary duties are limited as follows: The Dual Agent: (a) will not, without prior written authority, disclose: (i)
to the seller that you will pay a price higher than the offered price (or countered price),
(ii) to you that the seller will accept a price lower than the listed price, (iii) to the seller the reason that you are buying,
10.
(a)
“Buyer” is understood to include a tenant.
(b)
“Buyer's Agent” means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Buyer or tenant.
(c)
“Lease” is a contract between an owner and a tenant that transfers to the tenant the right to use a piece of property for a specified length of time under specific conditions.
(d)
“Purchase” includes any sale, agreement for sale, exchange or trade of property and a Lease, Offer to Lease, or a Lease with an option to purchase.
(e)
“Purchase Price” means the total consideration to be paid by the Buyer either at the closing date or at some future described time.
(f)
“Seller” is understood to include a landlord.
(g)
“Seller's Agent” means the licensed brokerage (including its broker, all associate brokers and agents) who represents the seller or landlord.
ACKNOWLEDGMENT
10.1 The Buyer acknowledges that the Brokerage is being retained as a real estate broker, not as a lawyer, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, or other professional service provider. 10.2 This Contract creates binding legal obligations. The Buyer acknowledges that he/she has been advised to seek professional advice concerning the condition of any specific property that the Buyer might be introduced to and with respect to any legal and tax matters regarding the entering into of this Contract. 10.3 The Buyer consents to have the Brokerage collect, use and disclose personal information provided for purposes relating to the real estate services provided by the Brokerage to the Buyer including, but not limited to: (a) locating, assessing and qualifying property for the Buyer; (b) advertising on behalf of the Buyer; (c) providing information as needed to third parties retained by the Buyer to assist in a transaction (e.g., financial institutions, building inspectors, etc.); and (d) 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 other related information regarding any property purchased by the Buyer through the Brokerage may be retained and disclosed by the Brokerage and/or the Board(s) as required for closing and for reporting, appraisal and statistical purposes.
(iv) to you the reason the seller is selling, and (b)
(v) to you or other buyers the terms and conditions of competing offers; except as set out in (a), will owe no duty of confidentiality and will disclose to you and the seller all facts known that materially affect or may materially affect the marketability or value of the specific property.
THIS CONTRACT IS MADE AS OF __________________________________________________________________ Date
_______________________________
_______________________________
Buyer
Witness
_______________________________
_______________________________
Print Name of Buyer
Print Name of Witness
8.1 All changes of number will be made where required. 8.2 This Contract will be governed by the laws of the Province of Alberta. The parties submit to the jurisdiction of the Courts in the Province of Alberta in any dispute that may arise out of this transaction.
_______________________________
_______________________________
Buyer
Witness
_______________________________
_______________________________
8.3 This Contract may be signed by the parties and transmitted by fax. This procedure will be as effective as if the parties had signed and delivered an original copy.
Print Name of Buyer
Print Name of Witness
7.5
8.
The Buyer authorizes the Buyer's Agent to act as a Dual Agent according to the terms of this section. ADDITIONAL TERMS
8.4 The Buyer warrants that, prior to completion, he/she is NOT an “ineligible person” or a “foreign controlled corporation” and is eligible to purchase “controlled land” as those terms are defined in the Foreign Ownership of Land Regulations.
__________________________________________________________________ Signature of broker, associate broker, or agent authorized to sign on behalf of the Brokerage
Buyers' initials to acknowledge they have received a copy of this Contract.
___________________________ Page 2 of 2
BUYER BROKERAGE TERMINATION AGREEMENT Contract # _________________________ Between THE BUYER
and
THE BUYER’S BROKERAGE (the “Brokerage”)
Name _________________________________________________
Brokerage Name _________________________________________
Name _________________________________________________
_______________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
The parties wish to terminate the Buyer Brokerage Contract dated ______________________________________________, ______________.
q Conditional Termination Fee entitlement will continue as per the provisions of clauses 6.4 and 6.5 of the Buyer Brokerage Contract.
q Unconditional Termination To be used where the parties want to sever their relationship with no ongoing obligations. Additional terms: ______________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________
DATED at ________________________, Alberta this ___________day of ___________________________________________, __________.
______________________________________________________________
__________________________________________________________
Buyer
Witness
______________________________________________________________
__________________________________________________________
Buyer
Witness
_____________________________________________________________
_____________________________________________________
Approved and accepted by the Buyer’s Broker/Manager
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
Buyer acknowledges receiving a copy of this Agreement.
___________________________________________________________ January 2004
ADDENDUM ________ TO THE REAL ESTATE PURCHASE CONTRACT This Addendum is attached to and forms part of the Real Estate Purchase Contract # _____________________________ Between THE SELLER
and
THE BUYER
Name ________________________________________________________
Name _________________________________________________________
Name ________________________________________________________
Name _________________________________________________________
With respect to the Property described as: Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Legal Address: Plan ________________________________________________ Block ____________________ Lot/Unit _________________ Legal Legal Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________ Other ___________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Note: This form must be signed by all parties to the Real Estate Purchase Contract. _____________________________________________________________ Date
_____________________________________________________________
_________________________________________________________________
Seller
Witness
_____________________________________________________________
_________________________________________________________________
Seller
Witness
_____________________________________________________________
_________________________________________________________________
Buyer
Witness
_____________________________________________________________
_________________________________________________________________
Buyer
Witness January 2004
AMENDMENT/ADDENDUM FORM Contract # ____________________________ Further to the Contract dated the _____________ day of ________________________________________________________, ____________. Between and
Name ______________________________________________________
Name ______________________________________________________
Name ______________________________________________________
Name ______________________________________________________
With respect to the Property described as: Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Legal Address: Plan __________________________________________________ Block ____________________ Lot/Unit ______________ W. of
Range
Township
Section
Part
Acres
Legal Legal Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________ Other ___________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Dated at _______________________________, Alberta, this ________ day of ________________________, _________ at ________ a.m./p.m. _____________________________________________________________
_________________________________________________________________
_____________________________________________________________
_________________________________________________________________
Witness Witness
Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m. _____________________________________________________________
_________________________________________________________________ Witness
_____________________________________________________________
_________________________________________________________________ Witness January 2004
REAL ESTATE LISTING CONTRACT EXTENSION/AMENDMENT AGREEMENT MLS# _______________________________________
Real Estate Listing Contract # ________________________________
TO: _____________________________________________________________________________________________________________________________ Brokerage Name (the “Brokerage”) My/Our Property known as: ________________________________________________________________________________________________________________________________. Municipal Address Plan _________________________________________________ Block ______________________ Lot ________________ Subdivision ________________ _ OR W. of
Range
Township
Section
Part
Acres
OR Condo. Unit No. _________________________________ Plan No. _________________________________ Project Name ____________________________ Current Price $ ________________________________________________ Current Expiry Date __________________________________________________
I/We hereby agree to the following changes with reference to the above listing: 1. Listing Extension: The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on ________________________________________________________________________________________________________, _________________
2.
Price Change: The asking price for the Property will be changed to $ __________________________________________________________________________ effective as of ____________________________________________________________________________________________, ________________.
3.
Other Amendments (if any): _______________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________
Dated this ___________________________day of ____________________________________________________________________, ___________________ _________________________________________________________
______________________________________________________________________
Seller
Witness
_________________________________________________________
______________________________________________________________________
Seller
Witness
________________________________________________________________________
__________________________________________________________________________________________
Address
Seller acknowledges receiving a copy of this Agreement
_________________________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
AMENDMENT TO THE REAL ESTATE PURCHASE CONTRACT Real Estate Purchase Contract # __________________________ Further to the Real Estate Purchase Contract dated the ____________ day of _________________________________________, __________. Between and
THE SELLER
THE BUYER
Name ________________________________________________________
Name _________________________________________________________
Name ________________________________________________________
Name _________________________________________________________
With respect to the Property described as: Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ W. of
Range
Township
Section
Part
Acres
Legal Address: Plan __________________________________________________ Block ___________________ Lot/Unit ________________ Legal Legal Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________ Other ___________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
The following changes shall be made to the above Purchase Contract and except for such changes noted below, all other terms and conditions in the Purchase Contract shall remain as stated therein. DELETE: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
INSERT: ________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Dated at _______________________________, Alberta, this ________ day of ________________________, _______ at __________ a.m./p.m. _____________________________________________________________
_________________________________________________________________
Seller
Witness
_____________________________________________________________
_________________________________________________________________
Seller
Witness
Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m. _____________________________________________________________
_________________________________________________________________
Buyer
Witness
_____________________________________________________________
_________________________________________________________________
Buyer
Witness
January 2004
COMMISSION AGREEMENT This Agreement is between and
THE SELLER
THE BUYER’S BROKERAGE (the “Brokerage”)
Name ____________________________________________________________
Brokerage Name ___________________________________________________
Name ____________________________________________________________
Address __________________________________________________________
Address __________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
1.
Broker, associate broker or agent authorized to represent the Brokerage
AGENCY DISCLOSURE I, the Seller, acknowledge that ____________________________________________________________________________________ is acting (Brokerage Name)
2.
only on behalf of the buyer in this transaction and owes me no fiduciary duties. THE PROPERTY I hereby authorize the Brokerage to offer for sale my Property known as: Address ______________________________________________________________________________________________________________ Plan ____________________________________________________ Block _________________________ Lot __________________________ Condominium Plan ________________________________________ Legal Unit No. __________________ Legal Parking Unit ______________ Other ________________________________________________________________________________________________________________
3.
I have stated an asking price of $ __________________________________________________________________________________________ I warrant that I have the legal authority to sell the Property and that all the information I have provided to the Brokerage is correct and accurate to the best of my knowledge. COMMISSION If the Brokerage is successful in obtaining an offer with terms satisfactory to me within 10 days of this Agreement, I will pay the Brokerage a Commission of _________________________________________________________________ plus GST. I will pay the Commission to the Brokerage no later than the third day after the sale is complete. If an offer is not brought in within 10 days, this Agreement is terminated.
4.
If the Property is sold or disposed of by me to a person introduced to the Property by the Brokerage within 90 days after the introduction, I must pay the Commission. DEPOSITS
5.
I further authorize the Brokerage to secure and have the Deposits received placed in the Brokerage’s trust account and I authorize the Brokerage to deduct the said Commission from the Deposits on the sale closing date. If the Deposit is less than the total Commission due, the balance owing will be deducted from the sale proceeds. SECURITY FOR THE BROKERAGE’S FEES (a) (b) (c) (d)
(e)
I direct the Brokerage or any other person who holds the Deposits to use the Deposits to pay for any money owed in this Agreement. I assign to the Brokerage enough of the purchase money to pay all money owed under this Agreement. I agree not to revoke this assignment. I direct my lawyer to pay all money owed under this Agreement from the purchase money or Deposits held by my lawyer. I now encumber all of my interest in the Land, Buildings and Attached Goods for the benefit of the Brokerage to secure payment to the Brokerage of all money which may be owed by me to the Brokerage under this Agreement. I agree that the Brokerage is entitled to encumber the Land in accordance with the Land Titles Act (Alberta). I now authorize the Brokerage to file and maintain a caveat to give notice of this encumbrance. If the Brokerage successfully enforces any of its rights or remedies under this section, I will pay reasonable lawyer and legal fees and costs incurred by the Brokerage.
The Seller consents to the collection, use and disclosure of personal information by the Brokerage for the purpose of listing and marketing the Property. Dated at _________________________________________ this ____________day of _______________________________________________, __________. _________________________________________________________
_____________________________________________________________________
Seller
Witness
_________________________________________________________
_____________________________________________________________________
Seller
Witness
___________________________________________________________ Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage January 2004
CONDOMINIUM PROPERTY SCHEDULE This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________ Name of project _______________________________________________________________________________________________________ Municipal address (including suite #) ______________________________________________________________________________________ Condominium plan(s) _____________________________ Condominium plan(s) of redivision, if applicable ______________________________ Legal unit no.(s) _________________________________ Legal parking unit(s) ___________________________ Stall #(s) _________________ Parking condominium plan(s) _______________________ Parking stall(s) owned __________ leased ___________ assigned ______________ Legal storage unit(s) ______________________________ Locker #(s) ___________________________________________________________ Storage unit(s) owned __________ leased ___________ assigned ______________ Condominium type: Conventional ___________________ Bare Land (creating a lot) _________________________ The Buyer's Condition applies only to condominium units for resale [that is, they are not covered by sections 12 and 13 of the Condominium Property Act (Alberta) (the "Act")]. All terms have the same meaning as in the Act. Buyer's Condition - The Contract is subject to the Buyer’s satisfaction with the condominium documents (the "Documents") listed below. - The Seller will deliver original or true copies of the Documents to the Buyer at least five (5) Business Days before the Condition Day. The Documents are: l l l
l l
l
l l l
l l
copy of registered condominium plan copy of the Condominium Corporation's current bylaws copy of the Condominium Corporation's current financial statement, most recent annual financial statement and annual report copy of current annual budget and condominium fee schedule copy of the minutes of the most recent general meeting of the Condominium Corporation condominium board of directors minutes for the past 12 months copy of any special resolution being circulated copy of the insurance certificate copy of any lease agreement or exclusive use agreement with respect to the possession of a portion of the Common Property, including a parking stall or storage unit copy of any management agreement copy of any recreational agreement
l l l l l l
l l
l l
l
l
details of any structural deficiencies in the condominium complex the amount of the reserve fund copy of any reserve fund study copy of any reserve fund report copy of any reserve fund plan the particulars of any post tension cables that are located anywhere on or within the Property that is included in the condominium plan percentage of owner occupancy in the complex details of any contributions already levied but which will only become effective after the Completion Day details of any actions commenced against the Corporation details of any unsatisfied judgment or outstanding court order against the Corporation details of any written demand upon the Corporation for payment of an amount in excess of $5,000 any other relevant details
________________________________________
___________________________________________
________________________________________
___________________________________________
________________________________________
___________________________________________
- If the Seller fails or refuses to deliver the Documents by the agreed time, the Buyer may obtain the Documents through other sources. All reasonable costs incurred by the Buyer to obtain the Documents will be paid by the Seller including solicitor/client legal fees and disbursements. The Buyer may set off these costs against the Purchase Price at the Completion Day. The Buyer will have no other remedy against the Seller for failing or refusing to deliver the Documents.
_____________________________ Date
_________________________________________________ Seller’s Signature
___________________________________________________ Buyer’s Signature
January 2004
CONDOMINIUM PROPERTY APPENDIX This Appendix forms part of the Real Estate Listing Contract # _________________________
Name of project ___________________________________________________________________________________________________________________ Municipal address (including suite #) __________________________________________________________________________________________________ Condominium plan(s) _____________________________________Condominium plan(s) of redivision, if applicable ___________________________________ Legal unit no.(s) _________________________________________Legal parking unit(s) ____________________________ Stall #(s) ____________________ Parking condominium plan(s) ______________________________ Parking stall(s) owned _____________ leased ______________ assigned _____________ Legal storage unit(s) _____________________________________ Locker #(s) ________________________________________________________________ Storage unit(s) owned _____________ leased _____________ assigned ______________ Condominium type: Conventional __________________________ Bare Land (creating a lot) _____________________________ Important Information (as per clause 9.1 of the Listing Contract):
q copy of registered condominium plan q copy of the Condominium Corporation's current bylaws q copy of the Condominium Corporation's current financial statement, most recent annual financial statement and annual report q copy of current annual budget and condominium fee schedule q copy of the minutes of the most recent general meeting of the Condominium Corporation q condominium board of directors minutes for the past 12 months q copy of any special resolution being circulated q copy of the insurance certificate q copy of any lease agreement or exclusive use agreement with respect to the possession of a portion of the Common Property, including a parking stall or storage unit
q copy of any management agreement q copy of any recreational agreement q details of any structural deficiencies in the condominium complex q the amount of the reserve fund q copy of any reserve fund study q copy of any reserve fund report q copy of any reserve fund plan q the particulars of any post tension cables that are located anywhere on or within the Property that is included in the condominium plan q percentage of owner occupancy in the complex q details of any contributions already levied but which will only become effective after the Completion Day q details of any actions commenced against the Corporation q details of any unsatisfied judgment or outstanding court order against the Corporation q details of any written demand upon the Corporation for payment of an amount in excess of $5,000 q any other relevant details This Important Information (referred to in the Purchase Contract as the “Documents”) will be required by the buyer as a condition of sale. January 2004
DOWER SCHEDULE This Schedule is attached to and forms part of the Real Estate Contract # _____________________________
CONSENT OF SPOUSE I, __________________________________________________ being married to ________________________________________________ the registered owner of the Property, hereby give my consent to the disposition of our homestead made in the Real Estate Contract to which this consent is attached and forms a part. I have signed this document for the purpose of giving up my life estate and other dower rights in the Property, which are given to me by the Dower Act. I am giving up these rights to the extent necessary to give effect to the disposition. __________________________________________________ Signature of Spouse
CERTIFICATE OF ACKNOWLEDGMENT BY SPOUSE 1.
This document was acknowledged before me by __________________________________________________________________ apart from her husband (or his wife).
2.
_______________________________________________________________________________ acknowledged to me that she (or he) (a) is aware of the nature of the disposition (or agreement). (b) is aware that the Dower Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent. (c) consents to the disposition (or agreement) for the purpose of giving up the life estate and other dower rights in the homestead given to her (or him) by the Dower Act, to the extent necessary to give effect to the said disposition (or agreement). (d) is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife).
DATED at __________________________ in the Province of Alberta, this ___________ day of _________________________, __________. __________________________________________________ Title of Officiating Officer
DOWER AFFIDAVIT I, ________________________________________________________ of _____________________________________________ in the Province of Alberta, MAKE OATH AND SAY: 1.
I am the Seller named in the Real Estate Contract to which this Affidavit is attached and forms a part.
2.
I am not married, OR Neither my spouse nor I have resided on the Property at any time during our marriage.
SWORN before me at ______________________________________________________________________ in the Province of Alberta this ___________________ day of ____________________________________________________________________, ___________________. _________________________________________________ A Commissioner for Oaths, etc. (or as the case may be) September 2002/January 2004
FINANCING SCHEDULE This Schedule is attached to and forms part of the Real Estate Purchase Contract # ______________________ 1.
ASSUMPTION OF MORTGAGE(S)
3.
If the Buyer is to assume a mortgage(s), then the Seller warrants the following to the Buyer: l
Name of lender __________________________________ _______
l
l
Address of lender ________________________________________ _______________________________________________________ Approximate principal balance $ ____________________________
l
Maturity date ____________________________________________
l
Interest rate ____________________________________________
l
Payments of $ __________________________________________
l
Payments include taxes?
q Yes
q No
l
Approval to assume required?
q Yes
q No
l
SELLER FINANCING If the Seller is to provide financing to the Buyer, then the details are as follows: l
Principal sum of $ ________________________________________
l
Subject to adjustments?
l
Interest rate at ____________ percent, calculated ___________ not in advance.
l
Payments of $ ___________________________________________
l
Payments to include taxes?
l
Amortization of ________________________ years.
l
Term of ________________________ year(s)/months commencing from the Completion Day.
Other terms ____________________________________________
l
Interest adjustment day ____________________________________
______________________________________________________
l
Security (mortgage, general security agreement, assignment of rents, etc.) ___________________________________________________
______________________________________________________ l
_______________________________________________________ l
_______________________________________________________
2.
OTHER VALUE
Prepayment?
q Closed q Open
If open, what prepayment privileges? _________________________ _______________________________________________________
Where the covenant for payment in the mortgage(s) being assumed is enforceable against the Seller, the Seller must approve any assignment of this Contract by the Buyer. The Buyer will pay the costs to process and document any approvals to assume a mortgage(s).
q No
_______________________________________________________
_______________________________________________________ _______________________________________________________
q Yes
q No
_______________________________________________________
Assumed second or other mortgage details ___________________ _______________________________________________________
q Yes
_______________________________________________________ _______________________________________________________ l
Assumable?
q Yes
q No
l
Special conditions _______________________________________
The Buyer will provide the following to the Seller as part of the Purchase Price: (Describe the value by detailed description, serial number, etc. - if the Other Value is a mortgage, then use the same information/details as under New Financing)
_______________________________________________________
__________________________________________________________
_______________________________________________________
__________________________________________________________
_______________________________________________________
_______________________________________________________ _______________________________________________________
__________________________________________________________
_______________________________________________________
__________________________________________________________ __________________________________________________________
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The Buyer will pay for the reasonable costs to prepare the Seller Financing security.
__________________________________________________________
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The Buyer will pay for registering the Seller Financing security.
The Buyer will pay for preparing and registering any security documents regarding the Other Value.
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Where there is Seller Financing, the Seller must approve any assignment of this Contract by the Buyer
__________________________________________________________ __________________________________________________________
_____________________________ Date
__________________________________________________ Seller’s Signature
___________________________________________________ Buyer’s Signature September 2002/January 2004
APPENDIX TO THE REAL ESTATE LISTING CONTRACT This Appendix is attached to and forms part of the Real Estate Listing Contract # _________________________________ Between THE SELLER
and
THE SELLER’S BROKERAGE (the “Brokerage”)
Name _____________________________________________________________
Brokerage Name _____________________________________________________
Name _____________________________________________________________
___________________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
With respect to the Property described as: Municipal Address __________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________
(postal code)
Legal Address: Plan ________________________________________________________ Block __________________________ Lot/Unit ________________________ Plan _____________________________________________________________________ Block __________________________ Lot/Unit ________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________
Note: This form must be initialled by all parties to the Real Estate Listing Contract. Dated this ___________________________day of ____________________________________________________________________, ___________________ _________________________________________________________
______________________________________________________________________
Seller
Witness
_________________________________________________________
______________________________________________________________________
Seller
Witness
_________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
REAL ESTATE LISTING CONTRACT TERMINATION AGREEMENT MLS# _______________________________________
Real Estate Listing Contract # ____________________________ Between and
THE SELLER
THE BROKERAGE (the “Brokerage”)
Name _________________________________________________________
Brokerage Name ________________________________________________
Name _________________________________________________________
______________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
The parties wish to terminate the Listing Contract. The Brokerage hereby agrees to terminate the Listing Contract on the Property at __________________________________________________ ____________________________________________________________________________________________________________________ which was dated ______________________________________________________________________________, ______________________.
q Option A: To be used where it is not intended to relist the Property for sale. The Seller agrees with the Brokerage that: 1. It shall not sell, exchange and/or lease, or accept an offer for the sale, exchange and/or lease of the said Property during the term of 90 days from the date of this Termination Agreement. 2. In the event that the Seller breaches any of the terms of this Termination Agreement, the Seller shall immediately pay to the Brokerage as liquidated damages a sum equal to the Real Estate Commission as set out in the said Listing Contract. This clause replaces the provisions of 10.1 in the Real Estate Listing Contract.
q Option B: To be used where the Property is meant to be relisted by another brokerage. Commission entitlement will continue as per the provisions of clause 10.1 of the Real Estate Listing Contract.
q Option C: To be used where the parties want to sever their relationship with no ongoing obligations. Additional terms: ______________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________
DATED this ____________________________day of ______________________________________________________________________, ______________ _______________________________________________________
______________________________________________________________________
Seller
Witness
_______________________________________________________
______________________________________________________________________
Seller
Witness
__________________________________________________
_______________________________________________________________
Seller acknowledges receiving a copy of this Agreement
Approved and accepted by Seller’s Broker/Manager
January 2004
NOTICE As per the Real Estate Purchase Contract Notice to: _________________________________________________________________________________________________________________________________ Seller/Buyer of the Property
Municipal Address ________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________
Legal Address: Plan __________________________________________________ Block ___________________ Lot/Unit ________________ 1.
I am the Seller/Buyer of the Property in the Real Estate Purchase Contract # ______________________________________________________ The conditions(s) in that Contract that I now unilaterally waive or have satisfied is (are): __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________
2. 3. 4. 5.
All other provisions in the Contract remain in full force and effect. In this Notice, the singular shall be constituted as the plural where the context so requires. This Notice shall enure to the benefit and be binding upon my heirs, executors, administrators, successors and assigns. As per the Real Estate Purchase Contract, if a Notice has not been given to the other party before 9 p.m. on or before the stated Condition Day, then the transaction is ended.
SIGNED in the presence of a witness, and DATED at ____________________________________________________________, Alberta at ________________ a.m./p.m. this ___________________ day of ________________________________________________________________________, ___________________. _____________________________________________________
_____________________________________________________________________
Seller/Buyer
Witness
_____________________________________________________
_____________________________________________________________________
Seller/Buyer
Witness
If needed for commercial transactions: Per: _____________________________________________________
_____________________________________________________________________
Authorized Signing Officer(s)
Witness
_____________________________________________________
_____________________________________________________________________
Authorized Signing Officer(s)
Witness January 2004
PROPERTY INSPECTION SCHEDULE This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________
This Schedule is part of the Residential Real Estate Purchase Contract dated the __________________ day of _____________________________________________, ______________, and is to be attached to that Contract as a Buyer’s Condition. Between __________________________________________________________________________________________________________ as Buyer(s) and __________________________________________________________________________________________________________ as Seller(s) Property Address ______________________________________________________________________________________________________ Legal Description ______________________________________________________________________________________________________ 1.
The Buyer will have the right to have a property inspection completed by a professional or otherwise qualified inspector. l The Seller agrees to provide access (within reason) to the Property for this purpose. l The inspection is at the Buyer's expense unless otherwise agreed to in writing.
2.
If the property inspection identifies defects in the Property that are not acceptable to the Buyer, then the Buyer will have a valid reason not to give the "Notice" to waive/release the Condition.
3.
Cosmetic items will not be considered a defect for the purposes of paragraph 2 above.
4.
In the event the Buyer does not give the "Notice" to waive/release the Condition, the Seller is entitled to a copy of the complete inspection report. l The Seller must request the inspection report no later than 9 p.m. on the second day following the Condition Day. l The Buyer must provide the inspection report no later than 9 p.m. on the second day following the day the Seller requests it.
5.
In the event the Seller does not agree that the Buyer has a valid reason not to give the "Notice" to waive/release the Condition, then the Seller and Buyer may pursue all available remedies.
Signed at _____________________________, Alberta, at ______a.m./p.m. this __________ day of _________________________, _________. _________________________________________________
_____________________________________________________________
Buyer Signature
Witness
_________________________________________________
_____________________________________________________________
Buyer Signature
Witness
Signed at _____________________________, Alberta, at ______a.m./p.m. this __________ day of _________________________, _________. _________________________________________________
_____________________________________________________________
Seller Signature
Witness
_________________________________________________
_____________________________________________________________
Seller Signature
Witness January 2004
PROPERTY SCHEDULE This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________
1.
COUNTRY RESIDENTIAL ACREAGE The Seller warrants to the Buyer the following: l
l
l
l
Unless otherwise indicated below, the utilities, connections and equipment (including but not limited to charges for electrical service, telephone service, water, roads and natural gas or other fuel service) are fully paid for and are not amortized. ________________________________ _____________________________________________ The following contracts for utility service providers are to be assumed by the Buyer. _______________________ _____________________________________________ Water rights registered? q Yes q No
l
l
l
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Water rights included with the Property? qYes qNo Access to the Property: q publicly owned q privately owned with access by agreement (describe) ____________________________________ Electrical service available onto the Property? q Yes q No Cable service available onto the Property? q Yes q No Fuel supply: q Natural gas q Propane/LPG q None
l
l
l
2.
Septic system? q Tank & field q None
Commencement date of the lease __________________
l
Expiry or end date of the lease ____________________
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Renewal rights _________________________________
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Rent payable __________________________________
l
Security deposit $ ______________________________ Date received _________________________________
l
3.
l l l
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Written rental agreement exists. q Yes q No If yes, a copy will be provided to the Buyer.
_____________________________ Date
Other details __________________________________ _____________________________________________ _____________________________________________
If the Property includes a Manufactured/Mobile Home, then the Seller warrants the following to the Buyer:
q Holding tank q Other (describe) _____________
The Seller is providing the following well/water reports: Bacterial analysis q Yes q No Chemical analysis q Yes q No Flow test q Yes q No Driller’s report q Yes q No
Rental agreement in default? q Yes q No If yes, give details ______________________________
MANUFACTURED/MOBILE HOME
l
RENTAL AGREEMENT Possession will be given subject to the terms of the Rental Agreement. If the Buyer is to assume a tenancy, then the Seller warrants the following to the Buyer: l Name of tenant(s) _____________________________ ____________________________________________ l
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q Other (describe) _____________
Water supply q Drilled well q Cistern q Municipal q Community coop q Other (describe) __________
q No
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Priority #: ____________________________________ l
Move-in inspection report exists. q Yes If yes, a copy will be provided to the Buyer.
Make ________________________________________ Model & serial number __________________________ Approximate year of manufacture (age) _____________________________________________ C.S.A. number _________________________________ _____________________________________________ Foundation? q Yes q No If yes, the construction details are __________________ _____________________________________________
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Is the land leased or owned? _____________________
l
Written lease agreement exists.
q Yes
q No
If yes, a copy of the lease will be provided to the Buyer. l l l
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Is a security deposit required?
q Yes
q No
Amount of monthly pad rental $ ___________________ Fees for: - water $ _____________________________ - heat $_______________________________ - gas $ _______________________________ - basic cable/digital/satellite $_____________ _____________________________________ Are there any restrictions on occupancy? q Yes q No If yes, explain _________________________________ Other details __________________________________ _____________________________________________ _____________________________________________
_______________________________________________ Seller’s Signature
______________________________________________ Buyer’s Signature
January 2004
# ______________________
RESIDENTIAL REAL ESTATE LISTING CONTRACT
Listing Contract Number
This form was developed by the Alberta Real Estate Association for the use of its members and may not be altered electronically by any person. Others who use this document do so at their own risk.
This Contract is between
THE SELLER (“You”)
and
THE SELLER’S BROKERAGE (the “Brokerage”)
Name _________________________________________________________________
Brokerage Name _________________________________________________________
Name _________________________________________________________________
___________________________________ Email ______________________________
Address _______________________________________________________________
Address _______________________________________________________________
______________________________________________________________________
Phone _______________________________
(postal code) (postal code)
Phone _______________________________
Fax ___________________________
Fax ___________________________
______________________________________________________________________ Broker, associate broker or agent authorized to represent the Brokerage
Email _________________________________________________________________
Member of the ________________________________ Real Estate Board (the “Board”)
1.
THE PROPERTY
1.1
The Property is the Land and Buildings located at (municipal street address): ______________________________________________________________
2. OTHER LISTING CONTRACTS 2.1 Have you entered into any other listing contract for the Property during the last twelve months?
______________________________________________________________
2.2
q No
q Yes
q No
3.
TERM OF CONTRACT
______________________________________________________________
3.1
You list the Property for sale with only the Brokerage(s) effective today until 11:59 p.m. on __________________________________________________
The legal description of the Property is:
______________________________________________ (the “Expiry Date”).
Plan ______________________ Block ____________ Lot/Unit ___________ Other _________________________________________________________ If Condominium Property, legal description and details as per Condominium Property Appendix (attached). 1.3
q Yes
______________________________________________________________ (postal code)
1.2
Is the Property currently listed for sale with another real estate brokerage?
The Property includes: (a) Goods not attached to the Land and Buildings (“Unattached Goods”) as listed below: _________________________________________________________
4.
4.1 The Asking Price for the Property is $ _______________________________ ______________________________________________________________ 4.2
Will the buyer have to pay GST on the purchase of the Property (land/lot/new or renovated home)?
q Yes
q No
5.
POSSESSION DATE
5.1
The proposed Possession Date is __________________________________
_________________________________________________________
______________________________________________________________
_________________________________________________________
6.
_________________________________________________________
6.1 The Real Estate Commission (the “Commission”) is ____________________
REAL ESTATE COMMISSION
_________________________________________________________
______________________________________________________________
_________________________________________________________
______________________________________________________ plus GST.
_________________________________________________________
6.2 The Brokerage will offer ___________________________________________
_________________________________________________________
______________________________________________________ plus GST as compensation to other brokerages for finding a buyer.
_________________________________________________________ (b)
ASKING PRICE
_________________________________________________________
7.
DEPOSITS
All goods attached to the Land and Buildings (“Attached Goods”) except those goods listed below:
7.1
All Deposits will be held in accordance with the terms of the signed Purchase Contract. The Deposits must be held in trust according to the Real Estate Act (Alberta).
7.2
You direct the Brokerage, the buyer’s brokerage or the lawyer who holds the Deposits to use the Deposits to pay any money owed under this Contract. Any Commission or Alternate Compensation, plus GST, that has been earned by another brokerage and is no longer required to be held in trust shall be paid directly out of a trust account by the party holding the Deposits.
7.3
You assign to the Brokerage enough of the purchase money or forfeited Deposits to pay all money owed under this Contract. You agree not to revoke this assignment.
_________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________
January 2004 The Alberta Real Estate Association
______________ Seller’s Initials
______________ Brokerage Representative’s Initials Page 1 of 4
# ______________________
Listing Contract Number 7.4 8.
You direct your lawyer to pay all money owed under this Contract from the purchase money or the forfeited Deposits held by your lawyer.
(b)
a person contacts you directly or through a brokerage or inspects the Property and the Property is then sold, exchanged or otherwise disposed of by you or anyone else to that person within 90 days after the Expiry Date. This clause will not apply where you have signed another listing contract after the Expiry Date and a real estate commission is payable to another brokerage according to the terms of that other listing contract as a result of the sale or disposition;
(c)
you have signed a Purchase Contract with a buyer who is willing and able to complete the sale but you refuse to complete the sale; or
(d)
a buyer is found who is willing and able to complete the sale upon the terms outlined in this Contract but you refuse to sign the Purchase Contract.
THE BROKERAGE’S AUTHORITY
8.1 You authorize the Brokerage to obtain the following information: l
property tax search, local improvement assessment search and related information
l
search of title
l
condominium additional plan sheet, if condominium property
l
a Mortgage Verification Statement containing the Mortgage Details set out in the Appendix
l
any other Important Information as set out in the Appendix or Condominium Property Appendix.
8.2 Do you authorize the Brokerage to install and use a key box?
q Yes
q No
8.3 Do you authorize the Brokerage to install “FOR SALE” and “SOLD” signs?
q Yes
q No
8.4 Unless otherwise agreed in writing, only the Brokerage may advertise the Property for sale. 9.
IMPORTANT INFORMATION
9.1
You will provide the following Important Information to the Brokerage within ten (10) days of your signing this Contract and at your expense: l
9.2
9.4
a real property report reflecting the current state of improvements on the Property, according to the Alberta Land Surveyors’ Manual of Standard Practice, with evidence of municipal compliance or non-conformance. Please Note: Not having a current real property report with compliance may result in complications on closing or rescission of the purchase contract.
l
if the Property is a residential resale condominium, the Important Information as described in the Condominium Property Appendix (attached).
l
if the Property includes a manufactured/mobile home, is rented or is a country residential acreage, the Important Information described in the Appendix.
You hereby authorize the Brokerage to obtain the Important Information on your behalf and at your expense. q Yes
is signed but the buyer defaults and the Deposits are forfeited. This Alternate Compensation will be the lesser of the Commission that would have been
___________________ q Yes
q No
Will you allow the mortgage to be assumed?
q Yes
q No
q Yes
10.4 If the Brokerage pays for the Important Information, you will repay the Brokerage promptly upon demand. 10.5 In addition, you will pay GST, where applicable, to the Brokerage on the Commission or on any Alternate Compensation due under this Contract. 10.6 You will make your best efforts to insure the Property and its contents against loss or damage due to perils that are normally insured against for similar properties. This insurance will be effective even when the Property is vacant. 10.7 You will make reasonable efforts to cooperate with the Brokerage and any other brokerages. 10.8 You will immediately inform the Brokerage of any relevant changes respecting
Is the mortgage CMHC insured?
Are you aware of any defects in the Property that are not visible and are either structural in nature or a possible health hazard?
Alternate Compensation shall be payable upon the forfeiture of the Deposits.
q No
If the Property is encumbered by a mortgage, then:
Seller’s Initials 10.
10.3 You will pay Alternate Compensation to the Brokerage if a Purchase Contract
payable had the sale been completed or 50% of the forfeited Deposits.
Seller’s Initials 9.3
10.2 You will pay the Commission to the Brokerage no later than the second business day after the sale is completed, unless you and the Brokerage otherwise agree in writing. A sale is completed when the change in ownership is registered at the Land Titles Office and the buyer pays the purchase money to you or your lawyer. Any holdbacks or conditions accepted by you or your lawyer will not delay payment to the Brokerage.
the Property or its ownership that may occur after this Contract is signed. 11.
DUTIES OF THE BROKERAGE
11.1 The Brokerage: l
will make reasonable efforts to find a buyer for the Property.
l
will market the Property through the Multiple Listing Service (MLS) operated by the Board.
q No
___________________
l
the Real Estate Act (Alberta) and who is not a member of the Board from
DUTIES OF THE SELLER
attempting to sell the Property, unless you otherwise instruct the
10.1 You will pay the Commission to the Brokerage if, during the Term of the Contract: (a)
will not discourage any person who is an industry member as defined in
Brokerage in writing.
the Property is sold, exchanged or otherwise disposed of by you or anyone else;
______________ Seller’s Initials
l
will pay any Commission, Alternate Compensation and GST that are payable to another brokerage.
______________ Brokerage Representative’s Initials Page 2 of 4
# ______________________
Listing Contract Number 12.
SECURITY FOR THE BROKERAGE’S FEES
12.1 You now encumber all of your interest in the Land, Buildings and Attached Goods for the benefit of the Brokerage to secure payment of all money which may be owed by you to the Brokerage under this Contract. The parties agree that the Brokerage is entitled to encumber the Land in accordance with the Land Titles Act (Alberta). You now authorize the Brokerage to file and maintain a caveat to give notice of this encumbrance. 12.2 If the Brokerage successfully enforces any of its rights or remedies under this section, you will pay reasonable lawyer and client legal fees and costs incurred by the Brokerage. 12.3 If you owe money under this Contract and the Brokerage does not wish to enforce this Contract against you, then upon mutual agreement between the Brokerage and the buyer’s brokerage, the Brokerage may assign this Contract to the buyer’s brokerage. If this Contract is assigned, then the buyer’s brokerage may enforce this Contract against you to collect the portion of the Commission or Alternate Compensation, plus GST, to which the buyer’s brokerage is entitled, and the buyer’s brokerage will have the same rights and security given to the Brokerage according to Section 12 of this Contract. 13.
SELLER’S WARRANTIES
You have the legal authority to sell the Property subject to any dower rights.
l
You have a right to sell the Unattached Goods listed in clause 1.3(a).
l
The goods attached to the Land and Buildings and the included Unattached Goods listed in clause 1.3 are free and clear of financial encumbrances.
l
Where applicable, you have complied with the bylaws of the Condominium Corporation.
13.2 You warrant that, to the best of your knowledge, the following is truthful and accurate:
14.
14.3 You and the Brokerage may enforce parts of this Contract even if this Contract has ended or expired. 15.
ADDITIONAL TERMS
15.1 This Contract is for the benefit of and will be binding upon the heirs, administrators, executors, successors and assigns of the parties. 15.2 All changes of number and gender will be made where required. 15.3 This Contract is a Seller’s Brokerage Agreement for the purposes of the Real Estate Act (Alberta). 15.4 This Contract will be governed by the laws of the Province of Alberta. The parties submit to the jurisdiction of the Courts in the Province of Alberta in any dispute that may arise out of this transaction. 16.
ADVICE TO THE SELLER
16.1 This Contract creates binding legal obligations. You are encouraged to obtain legal advice before signing. 16.2 If a CMHC insured mortgage is to be assumed, you should seek legal advice.
13.1 You warrant the following: l
14.2 Where a party to this Contract has breached a part of this Contract, the other party may end this Contract by notice in writing to the party in breach.
l
You have disclosed all information necessary to truthfully and accurately market the Property, including any environmental problems.
l
The current use of the Land complies with the existing municipal land use bylaw.
l
The Buildings and other improvements on the Land are not placed partly or wholly on any easement or utility right-of-way and are entirely on the Land and do not encroach upon neighbouring lands, except where an encroachment agreement is in place.
l
The location of Buildings and other improvements on the Land complies with all relevant municipal bylaws, regulations or relaxations granted by the appropriate municipality prior to Completion Day, or the Buildings and other improvements on the Land are “non-conforming buildings” as that term is defined in the Municipal Government Act (Alberta).
ENDING THE CONTRACT
16.4 The Seller consents to the collection, use and disclosure of personal information by the Brokerage for the purpose of listing and marketing the Property including, but not limited to: (a)
l
has had its licence to trade in real estate suspended or cancelled under the Real Estate Act (Alberta).
l
ceases to be a member in good standing of a real estate board.
l
is bankrupt, insolvent, or in receivership.
listing and advertising the Property using any medium including electronic media, photographs and video;
(b) disclosing Property information to prospective buyers, brokers, agents and others who may assist in the sale of the Property; (c)
such other use of the Seller's personal information as is consistent with listing and marketing of the Property.
16.5 The Seller consents to placement of the listing information and any sale information by the Brokerage into the database(s) of the appropriate MLS® system(s) and acknowledges that the MLS® database is the property of the Board(s) and can, during or after the termination or expiry of this listing, be licensed, resold or otherwise dealt with by the Board(s). The Seller further acknowledges that the Board(s) may: (a)
distribute the information to any persons authorized to use such service which may include other brokers, government departments, appraisers, municipal organizations and others;
(b) market the Property, at its option, in any medium, including electronic media; (c)
14.1 This Contract will automatically end if the Brokerage:
______________ Seller’s Initials
16.3 The Seller acknowledges that the Brokerage is being retained as a real estate broker, not as a lawyer, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, or other professional service provider.
compile, retain and publish any statistics including historical MLS® data which may be used by licensed board members to conduct comparative market analyses; and
(d) make such other use of the information as the Board deems appropriate in connection with the listing, marketing and selling of real estate.
______________ Brokerage Representative’s Initials Page 3 of 4
# ______________________
Listing Contract Number 17.
AGENCY DISCLOSURE/ACKNOWLEDGMENT
17.1 You, the Seller, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate brokers and agents (collectively referred to as the Seller’s Agent). A brokerage, its broker, associate brokers and agents representing a buyer are referred to as the Buyer’s Agent. 17.2 The Seller’s Agent is obligated to protect and promote your interests. Specifically, the Seller’s Agent owes you the fiduciary duties of loyalty, obedience, confidentiality, reasonable care and skill, full disclosure and full accounting. 17.3 You, as the Seller, and potential buyers may be represented by different brokerages (the Seller’s Agent and the Buyer’s Agent). Each of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing buyers will not have a fiduciary relationship with you. 17.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in real estate from one or more locations, represents both you and one or more buyers with respect to the potential purchase of the Property. In such circumstances, the described fiduciary duties are limited as follows: The Dual Agent: (a)
will not, without prior written authority, disclose: (i)
to a buyer that you will accept a price less than the asking price (or a countered selling price),
(ii)
to you that a buyer will pay a price higher than the price offered,
(iii)
to a buyer the reason that you are selling,
(iv) to you the reason that a buyer is buying, and (v) (b)
to a buyer the terms and conditions of competing offers;
except as set out in (a), will owe no duty of confidentiality and will disclose to you and a buyer all facts known that materially affect or may materially affect the marketability or value of the Property.
17.5 The Seller authorizes the Seller’s Agent to act as a Dual Agent according to the terms of this section. 18. SIGNATURES 18.1 This Contract may be signed by the parties and transmitted by fax. This procedure will be as effective as if the parties had signed and delivered an original copy. This Contract is made effective _________________________________________ _____________________________________________, ____________________. _________________________________ ________________________________ Signature of Seller
Signature of Witness
_________________________________ ________________________________ Print Name of Seller
Print Name of Witness
_________________________________ ________________________________ Signature of Seller
Signature of Witness
_________________________________ ________________________________ Print Name of Seller
Print Name of Witness
__________________________________________________________________ Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
Seller: Initial here to show you have received a copy of this Contract. _________________________________ Dower consent may be required for this Listing Contract to be binding if Title is in only one name and the registered owner is legally married.
APPENDIX IMPORTANT INFORMATION (as per clause 9.1) Mortgage Details (Mortgage Verification Statement): • Name of lender • Principal balance owing with per diem interest
• Is there a tax account? • Is approval to assume the loan required?
• Interest rate
• Maturity date
• Amount of payment and frequency • Any other relevant details
• Is the loan CMHC insured?
Country Residential Acreage Details: • Utilities, connections & equipment (including but not limited to charges for electrical service, telephone service, water, roads and natural gas or other fuel service) are fully paid for and are not amortized. ____________________ • Utility contracts for utility service providers are to be assumed by the buyer. ______________________________________________________________ • Water rights registered? q Yes q No Priority # ________________ • Water rights included with Property? q Yes q No • Access to Property: q publicly owned q privately owned with access by agreement • Electrical service available onto the Property? q Yes q No • Cable service available onto the Property? q Yes q No • Fuel supply: q natural gas q propane/LPG q none q other ____________________________ • Septic system: q tank & field q holding tank q none q other ____________________________ • Water supply: q drilled well q cistern q municipal q community coop q other ________________________ • You are providing the following well/water reports: - bacterial analysis q Yes q No - chemical analysis q Yes q No - flow test q Yes q No - driller’s report q Yes q No Rental Agreement Details: • Name of the tenant ______________________________________________ • Written rental agreement exists? q Yes (copy to buyer) q No • Move-in inspection report exists? q Yes (copy to buyer) q No • Commencement date of lease _____________________________________ • Expiry or end date of lease _______________________________________ • Does the tenant have any right to renew the rental agreement? q Yes q No • What is the rent? _______________________________________________ • If there is a security deposit, how much is it and when was it last paid? _____________________________________________________________ • Is there a property management contract? q Yes q No • Is the tenant in possession? q Yes q No • Is the rental agreement in default? q Yes q No • Any other relevant details Manufactured/Mobile Home Details: • Make ________________________ • Model/serial number _____________ • Year of manufacture (age) ________________________________________ • C.S.A. number _________________________________________________ • Construction details of any foundation _______________________________ • Is the land leased or owned? q leased q owned • Written lease agreement exists. q Yes (copy to buyer) q No • Is a security deposit required? q Yes q No • Monthly pad rental $ _____________________________________________ • Fees for: water $________________ heat $__________________________ gas $_________________ cable/digital/satellite $_____________ • Any occupancy restrictions? q Yes q No • Any other relevant details Page 4 of 4
# _________________________
Purchase Contract Number
RESIDENTIAL REAL ESTATE PURCHASE CONTRACT This form was developed by the Alberta Real Estate Association for the use of its members and may not be altered electronically by any person. Others who use this document do so at their own risk.
This Contract is between
THE SELLER
THE BUYER
and
Name _____________________________________________________________
Name _____________________________________________________________
Name _____________________________________________________________
Name _____________________________________________________________
1.
THE PROPERTY
2.
1.1
The Property is the Land, Buildings, Attached Goods (unless excluded) and included Unattached Goods located at (municipal address): _______________
2.1
The Buyer and the Seller agree to act cooperatively, reasonably, diligently and in good faith.
2.2
Other than the Deposits, the Buyer shall pay the Purchase Price by certified cheque, lawyer's trust cheque, bank draft or other agreed value as follows:
______________________________________________________________ 1.2
THE TRANSACTION
The legal description of the Property is: Plan ______________________ Block _______________ Lot/Unit _________
$ __________________________________
Initial Deposit
$ __________________________________
Additional Deposit
$ __________________________________
Assumption of Mortgage (approximate principal balance)
Other _________________________________________________________ ______________________________________________________________ ______________________________________________________________ If Condominium Property, details as described in Condominium Property Schedule (attached). 1.3
$ __________________________________
No Unattached Goods (chattels) except for: __________________________ ______________________________________________________________
$ __________________________________
______________________________________________________________
New Financing
______________________________________________________________ $ __________________________________ Seller Financing (as per attached Financing Schedule)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________
$ __________________________________
Other Value
$ __________________________________
Balance Owing (subject to adjustments)
$ __________________________________
Purchase Price
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________
Unless otherwise agreed in writing, the Purchase Price includes any applicable Goods and Services Tax (GST).
______________________________________________________________ 1.4
All Attached Goods (fixtures) except for: _____________________________ ______________________________________________________________ ______________________________________________________________
3.
DEPOSITS
3.1 All Deposits shall be delivered in trust to _____________________________
______________________________________________________________
______________________________________________________________.
______________________________________________________________
Unless otherwise agreed in writing, the Initial Deposit shall accompany the offer.
______________________________________________________________
______________________________________________________________
1.5 Unless otherwise agreed in writing, title will be free and clear of all encumbrances, registrations and obligations except the following: (a) those implied by law; (b) non-financial obligations now on title such as easements, utility rights-ofway, covenants and conditions that are normally found registered against property of this nature and which do not affect the saleability of the Property; (c) homeowners association caveats, encumbrances and similar registrations; and (d) those items which the Buyer agreed to assume in this Contract.
January 2004 The Alberta Real Estate Association
______________ Seller’s Initials
3.2 The Initial Deposit shall be deposited no later than the second Business Day following the day that final signing occurred (as per clause 15.1). Additional Deposits shall be deposited no later than the second Business Day following the day the Additional Deposit is received by the brokerage. 3.3 Any Additional Deposits shall be delivered as follows: ___________________ ______________________________________________________________ 3.4 Unless otherwise agreed in writing, no interest on the Deposits shall be paid to the Seller or the Buyer. ___________________________________________ _______________________________________________________________ ______________ Buyer’s Initials Page 1 of 4
# _________________________
Purchase Contract Number 3.5 The Deposits shall be held in trust for both the Seller and the Buyer and shall be: (a) applied against the Commission (as defined in the Residential Real Estate Listing Contract or any other commission agreement signed by the Seller) and paid directly out of trust to the brokerage(s) when the Commission is earned in accordance with the terms of the Listing Contract or any other commission agreement signed by the Seller;
4.6
If the Seller agrees in writing to accept late payment of the Purchase Price, then the Buyer will pay Interest to the Seller calculated daily from and including the Completion Day to (but excluding) the day the Seller is paid in full. Payment received after noon on any day will be payment as of the next Business Day. Interest means the prime lending rate of the Province of Alberta Treasury Branches at the Completion Day plus 3%.
4.7
The Seller's lawyer may use the Purchase Price to pay out all mortgages, condominium contributions, registrations and other financial obligations that are the Seller's obligation to pay or discharge. Within a reasonable period of time after the Completion Day, the Seller's lawyer will provide the Buyer's lawyer with evidence of all discharges including, where required, a certified copy of the certificate of title and an Estoppel Certificate evidencing the payment of all condominium contributions that are the Seller’s obligation to pay.
(b) refunded forthwith to the Buyer if this offer is not accepted; (c) refunded forthwith to the Buyer upon the Buyer’s cheque clearing the brokerage’s trust account if a condition is not satisfied or waived (as per clause 8.4) or the Seller fails to perform this Contract; and (d) forfeited to the Seller if this offer is accepted and all conditions are satisfied or waived and the Buyer fails to perform on this Contract. 3.6
3.7
The brokerage holding the Deposits is further directed and authorized to pay that portion of the Deposits exceeding the Commission in trust to the Seller's lawyer no later than two (2) Business Days prior to the Completion Day. If there is a dispute between the Seller and the Buyer as to entitlement to the Deposits then: (a) the brokerage holding the Deposit shall review the circumstances, determine entitlement and pay the money to the party who is entitled to the Deposit; (b) if no reasonable conclusion can be made in regard to (a) above, the brokerage shall notify the parties to the Contract in writing and shall pay the money into a lawyer's trust account; (c) the parties agree to allow the lawyer or the brokerage to deduct from the Deposit a reasonable fee and costs incurred for dealing with the Deposit; (d) a brokerage and/or lawyer acting in good faith under this clause shall not be liable to either party for any damages associated with the handling of the Deposit, except arising from the negligence of the brokerage or lawyer.
4.
CLOSING
4.1
Unless otherwise agreed in writing, this Contract will be completed, the Purchase Price will be fully paid and vacant possession will be available by: noon on the _______________________________________________ day of __________________________________________________, ___________, (the "Completion Day"), subject to the rights of the existing tenants, if any.
4.8 The Seller will pay the costs to prepare the closing documents; to prepare, register and discharge any Seller's caveat based on this Contract; and to provide the documents described in clause 4.11. 4.9 The Buyer will pay the costs to prepare, register and discharge any Buyer's caveat based on this Contract; and to register the transfer of land. 4.10 If the Property is rented and the Buyer is not assuming the tenancy, then the Seller is responsible for all costs related to ending the tenancy and to giving vacant possession to the Buyer. 4.11 At least ten (10) Business Days prior to the Completion Day, the Seller will provide the Buyer, regarding the matters described in clause 6.1, a real property report reflecting the current state of improvement on the Property, according to the Alberta Land Surveyors’ Manual of Standard Practice, with evidence of municipal compliance or non-conformance. This obligation will not apply to condominium units that do not create a lot or will not apply to any transaction where there are no improvements on the land. 4.12 Notwithstanding the closing provisions in this Contract, the parties authorize their lawyers to follow, if appropriate, the Law Society of Alberta Conveyancing Protocol in the closing of this transaction. 5.
6.
WARRANTIES AND REPRESENTATIONS
6.1
The Seller represents and warrants to the Buyer that: (a) the Seller has the legal right to sell the Property;
When the Buyer obtains possession, the Property will be in substantially the same condition as it was in when this Contract was accepted. 4.2
4.3
(b) the Attached Goods and included Unattached Goods are in normal working order and are free and clear of all encumbrances;
Items which are normally adjusted for, such as real estate taxes, amortized local improvement levies, utilities, rents, security deposits, statutory interest on security deposits, mortgage interest, homeowners association fees and monthly condominium contributions, will be assumed by the Buyer and will be adjusted as of 24:00 hours on the Completion Day.
(c) the Seller is not a non-resident of Canada for the purposes of the Income Tax Act (Canada); (d) the current use of the Land complies with the existing municipal land use bylaw; (e) the Buildings and other improvements on the Land are not placed partly or wholly on any easement or utility right-of-way and are entirely on the Land and do not encroach on neighbouring lands, except where an encroachment agreement is in place;
The Seller and the Seller's lawyer will deliver normal closing documents to the Buyer or the Buyer's lawyer upon reasonable conditions consistent with the terms of this Contract. The Buyer must have a reasonable period of time before the Completion Day to confirm registration of documents at the Land Titles Office and to obtain the advance of proceeds for any New Financing and Other Value.
4.4 If the Seller fails to deliver the closing documents according to clause 4.3, then payment of the Purchase Price and Interest will be postponed until the Buyer has received the closing documents and has a reasonable period of time to register them. 4.5 If the Buyer has not paid all of the Purchase Price, then the Seller may give the Buyer possession upon reasonable terms. ______________ Seller’s Initials
INSURANCE
5.1 The risk of loss or damage to the Property shall lie with the Seller until the Purchase Price is paid according to the terms of this Contract. If loss or damage to the Property occurs before the Seller is paid the Purchase Price, then any insurance proceeds shall be held in trust for the Buyer and the Seller according to their interests in the Property.
(f) the location of Buildings and other improvements on the Land complies with all relevant municipal bylaws, regulations or relaxations granted by the appropriate municipality prior to the Completion Day, or the Buildings and other improvements on the Land are "non-conforming buildings" as that term is defined in the Municipal Government Act (Alberta); and (g) $_________________ is the current monthly condominium contribution payable (fee for administrative and other expenses). 6.2
All of the warranties contained in this Contract and any attached Schedules are made as of and will be true at the Completion Day, unless otherwise agreed in writing.
______________ Buyer’s Initials
Page 2 of 4
# _________________________
Purchase Contract Number 6.3
6.4
ADDITIONAL TERMS
7.1
All time periods, deadlines and dates in this Contract shall be strictly followed and enforced. All times will be Alberta time unless otherwise stated.
7.2
This Contract is for the benefit of and shall be binding upon the heirs, executors, administrators and assigns of the individual parties and the successors and assigns of corporate parties.
7.3
All changes of number and gender shall be made where required.
7.4
This Contact will be governed by the laws of the Province of Alberta. The parties submit to the jurisdiction of the Courts in the Province of Alberta in any dispute that may arise out of this transaction.
7.6
This Contract is subject to the Buyer's Condition regarding Condominium Documents, as per attached Condominium Property Schedule. q Yes q No
The Seller and the Buyer each acknowledge that, except as otherwise described in this Contract, there are no other warranties, representations or collateral agreements made by or with the other party, the Seller's brokerage and the Buyer's brokerage about the Property, any neighbouring lands, and this transaction, including any warranty, representation or collateral agreement relating to the size/measurements of the Land and Buildings or the existence or non-existence of any environmental condition or problem.
7.
7.5
(c) Condominium Documents Condition
The representations and warranties in this Contract may be enforced after the Completion Day, provided that any legal action is commenced within the time limits prescribed by the Limitations Act (Alberta).
Before 9 p.m. on ___________________________________________ (the "Condition Day"). (d) Sale of Buyer’s Home Condition This Contract is subject to the sale of the Buyer's home, as per attached Sale of Buyer's Home Schedule. q Yes q No Before 9 p.m. on ___________________________________________ (the "Condition Day"). (e) Additional Buyer's Conditions: _______________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________
The Schedules form part of this Contract: q Financing Schedule
q Property Schedule
q Addendum
q Condominium Property Schedule
__________________________________________________________ __________________________________________________________ __________________________________________________________
Additional terms of sale (if any): ____________________________________
__________________________________________________________
______________________________________________________________
Before 9 p.m. on ____________________________________________ (the "Condition Day").
______________________________________________________________ ______________________________________________________________ ______________________________________________________________
8.2
The Seller's Conditions are: _____________________________________ ______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
8.
CONDITIONS
______________________________________________________________
8.1
The Buyer's Conditions are:
______________________________________________________________ Before 9 p.m. on ________________________________________________ (the "Condition Day").
(a) Financing Condition The Buyer will apply and be approved for New Financing as follows: l
as per clause 2.2 (plus applicable mortgage insurance fee, if any)
l
interest rate not to exceed __________ percent a year calculated semi-annually not in advance
l
8.3
Unless otherwise agreed in writing, the Buyer's Conditions are for the sole benefit of the Buyer and the Seller's Conditions are for the sole benefit of the Seller.
8.4
The Buyer and the Seller may unilaterally waive or satisfy their Conditions by giving a Notice to the other party (the "Notice") on or before the stated Condition Day.
8.5
Provided that the Buyer or the Seller, as the case may be, uses reasonable efforts to satisfy the Condition(s), if the Notice has not been given on or before the stated Condition Day, then this Contract is ended.
9.
REMEDIES/DISPUTES
9.1
If the Seller or the Buyer fails or refuses to complete this Contract according to its terms, then the other party may pursue all available remedies. The Seller's remedies include keeping the Deposits and claiming additional damages. Both the Seller and the Buyer can claim reasonable costs including legal fees and disbursements on a solicitor/client full indemnity basis.
9.2
If the Seller must restore title to the Property, enforce a lien against the Property or regain possession of the Property due to the Buyer's default, then the Buyer will pay the Seller's reasonable costs including legal fees and disbursements on a solicitor/client full indemnity basis.
a term of not less than ______________________________ years
Monthly payment of principal and interest not to exceed $ ___________ _________________________________________________________ (including mortgage insurance fee, if applicable) for an amortization of 25 years. The Buyer will pay for all costs associated with the New Financing. Before 9 p.m. on ___________________________________________ (the "Condition Day"). (b) Property Inspection Condition This Contract is subject to the Buyer's approval of a Property Inspection, as per attached Property Inspection Schedule. q Yes q No Before 9 p.m. on ___________________________________________ (the "Condition Day"). ______________ Seller’s Initials
______________ Buyer’s Initials Page 3 of 4
# _________________________
Purchase Contract Number 10. ADVICE/DISCLOSURE 10.1 This Contract is intended to create binding legal obligations. The Seller and the Buyer should read this Contract carefully and are encouraged to obtain legal advice before signing. 10.2 The Buyer may wish to obtain an independent property inspection and verify the measurements of the Property. 10.3 Unless there is a dual agency or another written agreement, the Seller's brokerage represents the Seller as Seller's Agent and does not have a fiduciary relationship with the Buyer, and the Buyer's brokerage represents the Buyer as Buyer's Agent and does not have a fiduciary relationship with the Seller. 10.4 The Seller and the Seller's brokerage have signed a Listing Contract. The Seller directs the Seller's lawyer to honour the terms of the Listing Contract and in particular to close the transaction according to the irrevocable assignment of the Purchase Price contained in the Listing Contract. 10.5 The Buyer and Seller agree that the sale and other related information regarding this transaction may be retained and disclosed by the brokerage and/or the real estate boards(s) as required for closing and for reporting, appraisal and statistical purposes. 10.6 This Contract may be signed and sent by fax and this procedure will be as effective as signing and delivering an original copy.
13.
11.
Buyer
DEFINITIONS
11.1 In this Agreement: (a) Business Day means a day when both the Land Titles Office and the Schedule I chartered banks are open for business. (b) Buyer's Agent means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Buyer. (c) Commission means the sum owing from the Seller for services rendered under the Listing Contract plus GST. (d) Completion Day is the day described in clause 4.1. (e) Deposits mean the Initial Deposit plus all Additional Deposits. (f) Seller's Agent means the licensed brokerage (including its broker, all associate brokers and agents) who represents the Seller. (g) Unless otherwise agreed in writing means a written agreement by letter or otherwise between the Seller or the Seller's lawyer and the Buyer or the Buyer's lawyer.
Buyer's Representative: ______________________________________________________________ Broker, associate broker or agent registered to the brokerage
Brokerage Name ________________________________________________ Brokerage Address ______________________________________________ ______________________________________________________________ (postal code)
Phone ______________________________ Fax ______________________ OFFER
13.1 The Buyer offers to buy the Property for the Purchase Price according to the terms of this Contract. 13.2 This offer / counter offer shall be open for acceptance in writing until ___________.m. on __________________________________, __________. SIGNED AND DATED at ______________________________________, Alberta at __________.m. on the ___________ day of _______________________, _______. _________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
Print Name of Buyer
Buyer
Print Name of Buyer
14.
Witness
Print Name of Witness
Witness
Print Name of Witness
ACCEPTANCE
14.1 The Seller accepts the Buyer's offer and agrees to sell the Property for the Purchase Price according to the terms of this Contract. SIGNED AND DATED at ______________________________________, Alberta at
12. REPRESENTATIVES/NOTICE Note: This section must be completed at the offer stage prior to the Contract being signed. 12.1 The Representatives identified in clause 12.2 represent the Seller and the Buyer. 12.2 For the purposes of giving and receiving any notice referred to in this Contract, and for acceptance of an offer to purchase, communication must be in writing and must be delivered to the address or faxed to the number described below. A notice sent or received by a Representative is proper notice for the purposes of this Contract.
__________.m. on the ___________ day of _______________________, _______.
Seller's Information:
Print Name of Seller
_________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
_________________________________
______________________________
Seller
Print Name of Seller Seller
Witness
Print Name of Witness Witness
Print Name of Witness
Seller's Address ________________________________________________
15.
______________________________________________________________
15.1 Final signing of this Contract occurred at ____________________ .m. on _______________________________________________, __________.
(postal code)
Phone ____________________________ Fax ________________________ Seller's Representative:
FINAL SIGNING
Initials of the person(s) who signed last ________________________
______________________________________________________________ Broker, associate broker or agent registered to the brokerage
Brokerage Name ________________________________________________
CONVEYANCING
Brokerage Address ______________________________________________
Seller's Lawyer ______________________________________________________
______________________________________________________________
Lawyer's Address ____________________________________________________
(postal code)
Phone ____________________________ Fax ________________________ Buyer's Information:
(postal code)
Lawyer's Phone ___________________________ Fax ______________________
Buyer's Address ________________________________________________
Buyer's Lawyer ______________________________________________________
______________________________________________________________
Lawyer's Address ____________________________________________________
Phone _____________________________ Fax _______________________
Lawyer's Phone ___________________________ Fax ______________________
(postal code)
(postal code)
Page 4 of 4
SALE OF BUYER’S HOME This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________
1.
The Buyer owns land (the Buyer’s Home) described as: Municipal address: ________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Legal description: Plan ____________________________________ Block _______________________ Lot/Unit ____________________ Legal Legal Condominium Plan(s) ________________________________________ Unit No.(s) ______________ Parking Unit(s) ________________ Other ___________________________________________________________________________________________________________
2.
The Buyer's Home is listed (or will be listed within 24 hours of acceptance of this Contract) with: ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ at an asking price of (or not more than) $ ______________________________________________________________________________
3.
"Sell the Buyer's Home" means the Buyer has signed a legally binding and enforceable contract and that all conditions have been either satisfied or waived by a properly given notice.
4.
The Seller's brokerage will continue to market the Property and the Seller may sign another Real Estate Purchase Contract (the "Second Contract") until the Buyer gives notice (the "Notice") that all conditions have been satisfied or waived according to the Purchase Contract.
5.
The Second Contract may contain a Buyer's Condition(s).
6.
If the Seller signs the Second Contract, then: -
the Seller will give notice (the Seller's Notice) to the Buyer; and within _______________ hours of receiving the Seller's Notice, the Buyer must give a Buyer's Notice waiving, as per the Contract, all of the Buyer's Conditions contained in this Purchase Contract.
7.
If the Buyer gives the Buyer's Notice properly, according to the Purchase Contract, then this Contract will be enforceable and will be completed according to its terms.
8.
If the Buyer fails to give the Buyer's Notice properly, then this Contract is ended, the Deposits must be returned to the Buyer as soon as reasonably possible and the Buyer and the Seller will have no further obligations or liabilities under this Contract.
Dated at ______________________________, Alberta this _______________ day of ________________________________, _____________. _________________________________________________
_____________________________________________________________
Buyer
Witness
_________________________________________________
_____________________________________________________________
Buyer
Witness
_________________________________________________
_____________________________________________________________
Seller
Witness
_________________________________________________
_____________________________________________________________
Seller
Witness January 2004
SELLER’S NOTICE/BUYER’S NOTICE For Use With “Sale of Buyer’s Home” Schedule
SELLER’S NOTICE TO:
_____________________________________________________________________________________________________ (Buyer)
FROM: _____________________________________________________________________________________________________ (Seller) RE:
___________________________________________________________________________________________ (Municipal Address) ____________________________________________________________________________________________ (Legal Description)
The Residential Real Estate Purchase Contract # __________________________ accepted the _________________ day of ____________________________________________________________________________________, _________________ (the "Contract"). I/We have accepted another Residential Real Estate Purchase Contract (the "Second Contract") regarding the Property. You have _________________ hours from receipt of this Seller's Notice to waive all of the Buyer's Conditions in the Purchase Contract. If you do not give the Notice within the agreed time, then the Purchase Contract # ___________________________ is ended, the Deposits must be returned to you as soon as reasonably possible and neither of us will have any further obligations or liabilities under the Contract. _______________________________________________________
_____________________________________________________________________
Seller
Witness
_______________________________________________________
_____________________________________________________________________
Seller
Witness
The Seller signed at _______________. m on _____________________________________________________________, ________________.
BUYER’S NOTICE I/We waive all of the Buyer's Conditions in the Purchase Contract # _____________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ _______________________________________________________
_____________________________________________________________________
Buyer
Witness
_______________________________________________________
_____________________________________________________________________
Buyer
Witness
The Buyer signed at _______________. m on _____________________________________________________________, ________________. OR I/We agree that the Contract is ended and that you, the Seller, are free to proceed to complete the Second Contract. _______________________________________________________
_____________________________________________________________________
Buyer
Witness
_______________________________________________________
_____________________________________________________________________
Buyer
Witness
The Buyer signed at _______________. m on _____________________________________________________________, ________________.
Notice must be given as described in clause 12.2 of the Purchase Contract. January 2004
The Agency Relationship REALTORS work within a legal relationship called agency. The agency relationship exists between you, the Client, and the brokerage, your Agent. The essence of the agency relationship is that the Agent has the authority to represent the Client in dealings with others. Agents are obligated to protect and promote the interests of their clients as they would their own. Specifically, the Agent has the following fiduciary duties: (1) Loyalty. The Agent must protect the Client’s negotiating position at all times, and disclose all known facts which may affect or influence the Client’s decision. (2) Obedience. The Agent must obey all lawful instructions of the Client. (3) Confidentiality. The Agent has an obligation to keep the confidences of the Client. (4) Reasonable care and skill in performing all assigned duties. (5) Full disclosure of information that might affect the value of the property. (6) Full accounting for all money and property placed in the Agent’s hands while acting for the Client. You can expect competent service from your Agent, knowing that the brokerage is bound by ethics and the law to be honest and thorough in every real estate transaction. This approach is reflected in the standard real estate contracts produced by the Alberta Real Estate Association. Please feel free to ask your REALTOR to show you the contracts appropriate to your real estate transaction. The Client, as well, has duties towards the Agent. (1) You have the duty to compensate the Agent for the expenses that the Agent incurs as a result of carrying out the Agent's responsibilities. (2) You have the duty to pay the agreed-upon remuneration or compensation as outlined in the signed contract. In addition, you have a duty to disclose material facts to the Third Party in the real estate transaction.
Single Agency
Acknowledgment
Brokerage
Brokerage
A broker, associate broker, or agent
A broker, associate broker, or agent
In real estate sales, the Dual Agent: (a) will not, without prior written permission of the applicable Client, disclose to the other Client(s): (i)
Client (Seller or Landlord)
Client (Buyer or Tenant)
Single Agency occurs when both Buyer and Seller (Landlord and Tenant) are represented by their own Agent in a real estate transaction. Each Agent owes full fiduciary duties to its own Client.
Dual Agency Dual Agency occurs when one brokerage, trading in real estate from one or more locations, represents two parties with respect to the potential purchase/lease of a property. Brokerage One broker, associate broker, or agent
Client
Brokerage A broker, associate broker, or agent
Client
One individual representing two (or more) clients in the same transaction
Client
A broker, associate broker, or agent
Client
Two individuals working for the same brokerage in the same transaction
Since the brokerage is working for both parties, it is necessary to limit (as described below) the fiduciary duties owed to both Clients. These limitations on the fiduciary duties will also apply for buyers when one brokerage represents two or more buyers.
that the Seller will accept a price less than the asking price (or a countered selling price),
(ii) that the Buyer will pay a price higher than the price offered, (iii) the reason the Seller is selling and the Buyer is buying, and (iv) the terms and conditions of competing offers. (b) will disclose to both parties all facts known to the Dual Agent that materially affect or may materially affect the marketability or value of the property. In leasing transactions, the Dual Agent: (a) will not, without prior written permission of the applicable Client, disclose to the other Client(s): (i)
that the Landlord will accept a price lower than the asking rate (or a countered asking rate),
(ii) that the Tenant will pay a price higher than the rate offered, (iii) the reason the Landlord is leasing and the Tenant is seeking to lease, and
I have received an explanation of agency relationships and have read the brochure “Agency Disclosure”.
In accordance with the disclosure in the brochure, I acknowledge that:
,(brokerage name)
represented by: (name of broker, associate broker, or agent registered to the brokerage)
may act as a Dual Agent in possible real estate transactions, in addition to their role as: ____ Seller’s Agent
____ Buyer’s Agent
____ Landlord’s Agent ____ Tenant’s Agent
(signed)
(signed)
(iv) the terms and conditions of competing offers. (b) will disclose to both parties all facts known to the Dual Agent that materially affect or may materially affect the marketability or value of the property.
(date) This panel is to be detached and retained in the Agent’s (brokerage) files.
Unrepresented Parties The Seller/Landlord may wish to act on its own behalf. In this situation, the Seller/Landlord understands that the brokerage (including its broker, associate brokers, and agents) represents the Buyer/Tenant as Buyer's Agent/Tenant's Agent and owes no duties to the Seller/Landlord.
The Landlord is the Client who engages a brokerage to act on behalf of the Landlord when offering to lease real estate.
The Buyer/Tenant may wish to act on its own behalf. In this situation, the Buyer/Tenant understands that the brokerage (including its broker, associate brokers, and agents) represents the Seller/Landlord as Seller's Agent/Landlord's Agent and owes no duties to the Buyer/Tenant.
The Tenant is the Client who engages a brokerage to act on behalf of the Tenant when leasing real estate.
Definitions Under the Law of Agency: l the Agent is the individual or entity who works on behalf of another individual or entity (e.g. the brokerage). l the Principal is the individual or entity on whose behalf the Agent works; also called the Client. l the Third Party is the individual or entity who is not represented by an Agent or is represented by a different Agent. In Alberta, a broker / associate broker / agent is licensed under the Real Estate Act and registered to a licensed real estate company called the brokerage. The Seller is the Client who engages a brokerage to act on behalf of the Seller when selling real estate. The Seller's Agent represents the Seller and is the licensed brokerage including the broker, associate brokers, and agents registered to it. The Buyer is the Client who engages a brokerage to act on behalf of the Buyer when buying real estate. The Buyer's Agent represents the Buyer and is the licensed brokerage including the broker, associate brokers, and agents registered to it.
The Landlord's Agent represents the Landlord and is the licensed brokerage including the broker, associate brokers, and agents registered to it.
The Tenant's Agent represents the Tenant and is the licensed brokerage including the broker, associate brokers, and agents registered to it. A Dual Agent represents both the Seller and the Buyer (or the Landlord and the Tenant), or more than one buyer or tenant, and is the licensed brokerage including the broker, associate brokers, and agents registered to it. The singular terms "The Seller" and "The Buyer" or "The Landlord" and "The Tenant" include the plural where applicable. Buyers are sometimes referred to as purchasers; sellers are sometimes referred to as vendors. Brokers, associate brokers, and agents can use the term REALTOR only if they belong to a local real estate board, and its provincial and national real estate associations, that enforce a strict code of ethics and standards of business practice.
Advice to Buyer and Seller, Landlord and Tenant l Carefully read all documents and understand what you are signing. l If you need special or expert advice, seek other professionals such as lawyers, notaries, accountants, property inspectors, environmental assessors, contractors, engineers, and surveyors.
AGENCY DISCLOSURE Members of the Canadian Real Estate Association are required to abide by a strict Code of Ethics and Standards of Business Practice, which serves to protect the buying and selling public alike. One of the ethical obligations embodied in the Code requires that REALTORS disclose who they are representing in a real estate transaction. Article 3 states: A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the customer or other party to the transaction. The REALTOR shall also disclose his or her role to other REALTORS involved in the transaction. September 2002 The Alberta Real Estate Association
The Alberta New Home Warranty Program MANDATORY CLAUSES for all Sales Contracts for Residential Housing* APPENDIX A Deposit Protection The Builder confirms to the Purchaser(s) that it is a Registered Builder Member of The Alberta New Home Warranty Program (the “Program”) and that payments made by the Purchaser(s) to the Builder are protected under the Deposit Protection of the Program, subject to the terms, conditions, limits and exclusions of the Deposit Protection Certificate. The terms of the Deposit Protection Certificate are printed on Schedule A. Builder Performance Protection The Builder confirms to the Purchaser(s) that it is a Registered Builder Member of The Alberta New Home Warranty Program (the “Program”), and that the Home to be constructed under this Agreement will be protected under the Builder Performance Protection of the Program, subject to the terms, conditions, limits and exclusions of the Builder Performance Protection Certificate. The terms of the Builder Performance Protection Certificate are printed on Schedule B. Warranty The Builder agrees to provide the Builder Warranty set forth in detail in the Warranty Certificate appearing on Schedule C of this Agreement as the minimum requirement on the part of the Builder. The Builder may provide warranty coverage in addition to the minimum required in the said Warranty and in such event, the additional warranty coverage shall be contained in an addendum in writing signed by the Builder and attached to this Agreement. Additional coverage is provided solely by the Builder and The Alberta New Home Warranty Program does not warrant the Home beyond the terms, conditions, limits and exclusions contained in the Warranty Certificate appearing on Schedule C. Arbitration If any dispute arises between the Builder and the Purchaser(s) with respect to any matter in relation to this Agreement, the dispute shall be settled through binding arbitration in accordance with arbitration rules adopted by The Alberta New Home Warranty Program (the “Program”), provided that, where the dispute is in relation to the Builder Warranty, the dispute shall not be referred to arbitration until it has first been referred to and reported on, under the conciliation procedure provided by The Alberta New Home Warranty Program. A copy of the arbitration rules as adopted by The Alberta New Home Warranty Program shall be furnished to both parties for the commencement of an arbitration, the selection of an agreed single arbitrator and the arbitration hearing. It is expressly agreed that the arbitration by the single arbitrator shall be final and binding on both parties. Purchaser(s) Acknowledgment The Purchaser(s) acknowledge(s) that it has read and understand the terms, conditions, limits and exclusions that are specified in the Deposit Protection Certificate, Builder Performance Protection Certificate, and the Warranty Certificate, as printed on Schedules A, B, and C, respectively. __________________________________ *Do not use in sale agreements for condominiums. The Alberta New Home Warranty Program 04/96
__________________________________
Appendix A - Schedule A
DEPOSIT PROTECTION The Alberta New Home Warranty Program (hereinafter called the “Program”) undertakes to and agrees with the Purchaser(s) (herein called “Purchaser”) named in the Purchase Agreement or Construction Agreement to which this Certificate is appended (herein called the “Agreement”) that, subject to the limits, conditions and exclusions set out below, if payment(s) paid by the Purchaser to the Builder become legally refundable and the Purchaser is unable to collect from the Builder, the Program will pay the Purchaser’s actual loss. 1.
Conditions (a) In this Deposit Protection a “Deposit” is defined as only money (Canadian dollars) paid by the Purchaser to the Builder as a deposit for the purchase of the Home under the Agreement. Only the initial Deposit and Deposit confirming removal or satisfaction of conditions, as described and indicated in the Agreement and the Deposit Protection Receipt are covered. Things such as real or personal property, trade in property of any kind, work, materials or services provided by the Purchaser, rentals, payments for use and occupancy, or setoffs in favour of the Purchaser are not considered Deposits. (b) The Builder must be a Registered Builder Member of the Program at the time the Deposit is made by the Purchaser and it is the responsibility of the Purchaser to ensure that the Builder is a Registered Builder Member of the Program. (c) The Purchaser shall: (i) claim against the Program for repayment of a Deposit within one (1) year from the date of the Agreement; (ii) at the request of the Program, assign to the Program any security position, judgment, the Agreement, caveat or equity security held under the Agreement or any contract with the Builder in the event of refund of a Deposit; (iii) comply with all of the obligations, terms, covenants and conditions imposed upon them under the Agreement or this Deposit Protection; and (iv) ensure that the Program’s copy of the Deposit Protection Receipt is mailed or delivered to the Program within three (3) days of the date that the Deposit Protection Receipt is signed by the Builder and the Purchaser.
2.
Limits and Exclusions (a) No claim may be made where the Purchaser has defaulted in any of the obligations under the Deposit Protection Receipt, the Agreement or mortgage financing for the Home. (b) No claim may be made by the Purchaser after the expiration of a period of one (1) year from the date of the Agreement. (c) The Deposit Protection ends when all conditions are released on the Agreement, and thereafter the terms and conditions of the Program’s Builder Performance Protection apply. (d) The limit of liability of the Program, for all Deposit Protection Receipts issued pursuant to the Agreement, is to refund the lesser of: the actual loss to the Purchaser for Deposit(s) made to the Builder; or 15% of the Total Price of the Home including Land under the Agreement to a maximum of $60,000.00.
3.
Arbitration If any dispute arises between the Builder and the Purchaser or between the Program and the Purchaser with respect to any matter in relation to this Deposit Protection, the dispute shall be settled by binding arbitration by a single arbitrator in accordance with the rules adopted by the Program. It is expressly agreed that the arbitration by a single arbitrator shall be final and binding on the parties.
The Alberta New Home Warranty Program #201, 208 - 57 Avenue SW, Calgary, AB T2H 2K8 Telephone in Calgary: (403) 253-3636 or call toll free 1-800-352-8240 In Edmonton: (780) 484-0572
February 1996
Appendix A - Schedule B
BUILDER PERFORMANCE PROTECTION The Alberta New Home Warranty Program (hereinafter called the "Program") undertakes to and agrees with the Purchaser(s) (hereinafter called the "Purchaser") named in the Agreement to which this Certificate is appended (hereinafter called the "Agreement") that in the event that the Builder (hereinafter called the "Builder") named in the Agreement defaults in: 1. completing the requirements of the Agreement in accordance with its terms, covenants and conditions; or 2. paying all sub-trades and suppliers (hereinafter called the "Sub-Contractors") according to law and in compliance with governing statutes; the Program will, subject to the limits and conditions and exclusions set out below: (a) settle as agent of the Purchaser any claims of any Sub-Contractors to the extent required of an owner under the Builders' Lien Act of Alberta R.S.A. 1980 c. B-12 to clear title of any builders' liens filed against the Home being constructed under the Agreement; and (b) complete the construction of the Home in accordance with the Agreement and the plans and specifications pursuant to the Agreement, subject to any reasonable changes required as to the time of completion or other parts of the Agreement as might reasonably be required according to the circumstances in the sole opinion of the Program.
CONDITIONS OF BUILDER PERFORMANCE PROTECTION 1.
BUILDER MEMBERSHIP
(f) cooperate with the Program under any settlement or completion agreement after a default by the Builder including: providing a full accounting of monies paid under the Agreement; the payment to the Program of all purchase monies which are due or which are to become due to the extent of the total price under the Agreement; and turn over all documents relating to the Agreement;
The Builder named in this protection must be a Registered Builder Member of the Program at the time the Agreement is signed with the Purchaser. 2. PURCHASER'S OBLIGATIONS
(g) if requested will promptly inform the Program of the name of any mortgage lender or source of funding at the time such funding is obtained or approved;
The Purchaser shall: (a) claim against the Program for performance of this protection by completion of the Request for Builder Performance Protection Assistance form of the Program within one (1) year from the earlier of the date the Builder defaults under the Agreement or the date the Purchaser takes possession of the Home;
(h) agree to any reasonable changes to the Agreement to allow for the orderly clearance of title or completion of construction including necessary extensions to the completion date after a Builder default and will sign any documents as may reasonably be required by the Program for this purpose;
(b) comply with all of the terms. covenants and conditions of the Agreement;
(i) agree that any dispute arising from the settlement proceedings under a Builder's default, including clearance of title and completion of the Home being constructed, shall be settled by binding arbitration under rules of arbitration adopted by the Program;
(c) conduct themselves prudently and according to law in complying with the Agreement or any extra or related agreement with the Builder and in general make use of any law, statute or trust which may exist to protect a Purchaser under a residential construction agreement by public statute or common usage or custom in the conduct of such business matters (i.e., seasonal, deficiency or lien holdbacks, title trust conditions, etc.); (d) agree to appoint the Program as their duly authorized agent upon its request for any reasonable purpose including the filing of a Purchaser's caveat under the Land Titles Act, dealing with Sub-Contractors; (e) agree to subrogate their rights in law against the Builder, SubContractors or any other third party in favour of the Program relating to the Agreement or sub-agreements of any kind, and agree that the Program may carry on any court proceeding or arbitration in the name of and on behalf of the Purchaser at the sole cost and expense of the Program;
(j) subject to reimbursement of reasonable expenses as determined in the sole opinion of the Program, cooperate in acting as a witness and providing documents or other information with respect to any court or arbitration proceedings in relation to the Builder, the Agreement or the coverage provided by this Builder Performance Protection. 3.
BUILDER DEFAULT Builder default under the Agreement, giving rise to a claim for Builder Performance Protection by the Program, occurs: (a) if after a payment by the Purchaser the Builder, in the sole arbitrary opinion of the Program, becomes insolvent or in any way incapable of completing its obligations to the Purchaser, the Program or others in a proper or timely manner; Page 1 of 2
(g) No claim may be made by the Purchaser under this protection with respect to: completion of the purchase of any real or personal property, such as a house, mobile home or otherwise taken in trade pursuant to the Agreement; the guaranteed purchase or sale of the Purchaser's real or personal property such as a house, mobile home or otherwise; mortgage buydowns; real estate commission; referral fees; mortgage insurance fees (CMHC or otherwise); landscape deposit or any other deposits required by the developer of the lands for the Home; all of which are specifically excluded from this protection.
(b) if after the making of a payment to the Builder, the Builder commits any act of fraud or a judgment of a court of competent jurisdiction makes a finding of fraud (civil or criminal) against the Builder; (c) if the Builder commits any act of bankruptcy or becomes bankrupt; (d) if the Builder fails to pay its Sub-Contractors promptly when due or permits builders' liens arising under the Builder to be filed against the Home under construction for a period exceeding 30 days;
(h) The Total Price required to be paid under the Agreement by the Purchaser must be paid in Canadian dollars and any trades or purchases of real or personal property between the Purchaser and the Builder or others are excluded.
(e) if any final judgments or executions are obtained or taken against the Builder which are not settled, deferred or satisfied within any appeal period applicable to such judgments; (f) if a receiver or receiver/manager is appointed by any creditor or court of competent jurisdiction to operate, manage, oversee or administer the business of the Builder; (g)
5.
The protection shall be voided automatically if:
if the Builder makes any arrangement, compromise or settlement with its creditors deferring, altering or extending the time or amount of payment due to them:
(a) the Purchaser is in default of any of their obligations set out in this protection or in the Agreement or in any obligation to the financial institution providing mortgage financing for the Home; or
(h) if the Builder abandons the construction or defaults under any of its other covenants in the Agreement without just cause.
4.
(b) the Purchaser or the Builder amend or alter in any way this protection; or
LIMITS AND EXCLUSIONS (a)
(c) after termination of the membership of the Builder in the Program the Purchaser elects to continue with the Builder for the construction of the Home; or
No claim may be made under this protection where the Purchaser has defaulted or is in breach of any of their obligations pursuant to the Agreement or the requirements for mortgage financing for the Home.
(d) the Purchaser knowingly enters the Agreement or any other agreement with the Builder which is misleading, untrue, or fraudulent resulting in damage, loss or excess cost to the Program or to a mortgage lender.
(b) No claim may be made by the Purchaser under this protection where the Purchaser has received a refund of any payment in whole or in part under the Program's Deposit Protection. (c) No claim may be made by the Purchaser under this protection against the Program after the expiration of a period of one (1) year following the earlier of the date of the default by the Builder or the date of possession of the Home by the Purchaser. (d) The coverage granted under this protection by the Program is limited to clearance of builders' liens and completion of construction. The Program is not liable for any other damages, costs or expenses whatsoever to the Purchaser arising from a default by the Builder. (e) The limit of liability of the Program for the clearance of builders' liens and the completion of the Home under construction (including reasonable excess legal costs of the Purchaser as approved by the Program to a maximum of' $3,000.00) is $30,000.00. (f) If in the sole opinion of the Program there has been minimal initial construction of the Home pursuant to the Agreement, then the Program reserves the right to terminate this Builder Performance Protection and provide only the required payment to the Purchaser under the Program's Deposit Protection.
TERMINATION
6.
NO ASSIGNMENT This Builder Performance Protection cannot be assigned by the Purchaser without the written consent of the Program which consent may be denied in the absolute discretion of the Program.
7.
ARBITRATION If any dispute arises with respect to any matter in relation to this protection, the dispute shall be settled by binding arbitration by a single arbitrator in accordance with arbitration rules adopted by the Program. It is expressly agreed that the arbitration shall be final and binding on all parties. The costs of the arbitration, including the arbitrator's fee, shall be borne by the parties to the arbitration but a final award of costs shall be in the discretion of the arbitrator. December 2001
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Appendix A - Schedule C
SINGLE FAMILY RESIDENCE WARRANTY CERTIFICATE General Warning: Please read this Certificate carefully. It contains limits, exclusions and notice requirements. The protections available under this Warranty Certificate are time limited. 1.
DEFINITIONS In this Warranty: (a) “Arbitration” means a binding arbitration in accordance with the rules and procedures adopted by the Program; (b) “Builder” is the Builder named on your Certificate of Possession; (c) “Certificate of Possession” is the Program’s form of Certificate of Possession for the Home provided to the Homeowner by the Builder on or about the actual Date of Possession of the Home by the Homeowner; (d) “Conciliation” means an inspection and a written report issued by the Program that provides a binding decision regarding warranty issues in dispute with respect to Defects and Structural Defects in the Home as provided in this Warranty Certificate. A Conciliation includes, in the case of a Structural Defect, a written Structural Integrity Protection report; (e) “Date of Possession” is the earlier of the date the Purchaser occupies the Home or the Date of Possession described in the Certificate of Possession. The Purchaser shall sign a Certificate of Possession prior to taking possession of the Home. In the event that a Certificate of Possession is not signed or provided to the Program, the Program shall, in its sole discretion, determine the Date of Possession and such date shall be binding upon the Builder and the Purchaser; (f) “Defects” are workmanship and material which are not in compliance with the Program’s Workmanship and Material Guidelines or were noted on the Certificate of Possession and have not been resolved or are not in compliance with the Alberta Building Code in effect as at the date the building permit was issued for the Home or any condition which renders the Home not fit for use as determined by the Program in its sole discretion. Non-compliance with the Alberta Building Code is considered a Defect covered by this Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to result in, material damage to the Home; (g) “Equipment” is all of the mechanical and electrical systems or equipment installed in the Home and without restricting the generality of the foregoing, includes any mechanical, electrical, communication, security, elevator, heating, ventilating, irrigation or appliance systems and components; (h) “Home” is the residential dwelling constructed by the Builder at the address recorded on this Warranty Certificate and described in the Certificate of Possession; (i) “Homeowner” is the registered legal owner of the Home; (j) “Load Bearing Part” is the support system of the Home capable of transmitting live and dead loads to the supporting ground as determined by the Program from the plans and specifications of the Home and includes only the footings, piles, foundation walls, grade beams, teleposts, load bearing walls, beams, floor systems and roof trusses; (k) “Program” means The Alberta New Home Warranty Program; (l) “Structural Defect” is a Defect in material or workmanship that results in damage due to the failure of a Load Bearing Part to provide stable and adequate support in the Home or is not in compliance with the Alberta Building Code in effect as at the date the building permit was issued for the Home. Excluded are driveways, decks, basement and garage floors, patios, sidewalks, retaining walls and all other concrete work which is not a Load Bearing Part. Non-compliance with the Alberta Building Code is considered a Defect covered by this Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to result in, material damage to the Home.
2.
BUILDER WARRANTY (a) The Builder warrants that the Home was built to the construction standards of the Alberta Building Code in effect at the date the building permit was issued for the Home. (b) The Builder agrees to repair or replace Defects or Structural Defects in the Home where written notice has been given to the Builder in accordance with paragraphs 4(a) and 4(b) below. (c) The Builder shall assign to the Homeowner any limited warranty provided to it by a manufacturer or supplier. The scope of the Builder’s obligation to the Homeowner under a manufacturer’s or supplier’s material warranty shall be limited to the terms and conditions contained therein.
July 2001 Version
The Alberta New Home Warranty Program
Page 1 of 5
(d) The following are Not Defects or Structural Defects: (i) (ii)
Any workmanship, design or material, provided or contracted directly by the Homeowner with a supplier, manufacturer or tradesperson; Damage arising from improper or inadequate maintenance by the Homeowner including damage caused by, or resulting from, failure to maintain proper grading of the ground, failure to make necessary telepost adjustments, water leakage or drainage, inadequate water/moisture seals, or the failure of the Homeowner to repair and maintain the Home or mitigate any damage thereto;
(iii) (iv)
Damage caused by alterations or work done by the Homeowner or the agents or sub-contractors of the Homeowner; Defects that were apparent and were accepted by the Homeowner at the Date of Possession;
(v)
Normal cracks in plaster, drywall, paint, masonry, stucco, parging, ceramic tiles, grout and other cementious material and concrete; Normal shrinking and warping of material caused by drying after construction;
(vi)
(vii) Normal soil movement or subsidence along utility lines or backfill consolidation of compaction around the Home; (viii) Damage other than Structural Defects caused by soil movement or subsidence; (ix) (x)
Damage arising from wear and tear, age or weathering; Damage arising from dampness, condensation or fungal or bacterial contamination;
(xi)
Accidental loss or damage caused by a third party or from acts of nature such as, but not limited to: fire, explosion, smoke, water escape, changes which are not reasonably foreseeable in the level of the underground water table, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood and earthquake; (xii) A Defect in any workmanship or material specifically agreed between the Homeowner and the Builder is excluded from this limited warranty; (xiii) Any damage to the extent that it is caused or made worse by the Homeowner or a third party, including: - Negligent or improper maintenance or improper operation of any Equipment by anyone other than the Builder or its employees, agents or sub-contractors; -
Failure of anyone other than the Builder or its employees, agents, or sub-contractors to comply with the warranty requirement of manufacturers of the Equipment or fixtures; Alterations to the Home or the Equipment by anyone other than the Builder or its employees, agents or subcontractors; or
- Changes or failing to maintain the grading of the lot for the Home; (xiv) Matters directly or indirectly arising from or related to environmentally harmful substances or hazards, deleterious substances or toxic conditions or materials on, in or about the Home regardless of the party responsible; (xv) Any loss or damage which arises while the Home is being used primarily or substantially for non-residential purposes; (xvi) Damage arising to the Home or the Equipment from the failure of the Homeowner to take timely action to prevent or minimize loss or damage, including failure to give prompt notice to the Builder and the Program of a discovered loss or potential loss; (xvii) Any damage caused by insects, rodents or other animals except where such damage results from a Building Code Defect; (xviii) Bodily injury, emotional anguish, inconvenience, damage to personal property, economic loss or damage to real property which is not part of the Home; and (xix) Diminution in the value of the Home or the Equipment. 3.
STANDARD PROGRAM WARRANTY (a) The Program shall be responsible to carry out the first year of the Builder Warranty, as defined in this Warranty Certificate and subject to the procedures described herein, if the Builder does not perform in a reasonable and timely manner in accordance with the policies and procedures of the Program. (b) For the four (4) year period following the Builder Warranty the Program shall repair any Structural Defect where a Load Bearing Part fails to provide stable and adequate support for the Home including any consequential damages caused to the Home arising directly from the Structural Defect. (c) Decisions of the Program by Conciliation or otherwise regarding the investigation, method of repair or correction of Defects or Structural Defects and the retaining and payment of any third parties, consultants and repair contractors, shall be in the sole discretion of the Program and shall be final and binding on the Homeowner and the Builder.
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(d) If the Home cannot be occupied during the warranty period because of a Defect or Structural Defect, the Program will reimburse the Homeowner any increase in living and moving or storage expenses pre-approved by the Program in accordance with a schedule adopted by the Program. The limit of these expenses shall be SIX THOUSAND ($6,000.00) DOLLARS. (e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative, but the Program may determine the reasonable costs associated with the repair or replacement of Defects or Structural Defects and in its sole discretion the Program has the option to choose the alternative of paying monetary compensation to the Homeowner rather than repairing or replacing Defects or Structural Defects. Any such payment by the Program shall be deducted from the limit of liability of the Program referred to in paragraph 5(f) below and the Program and the Builder shall have no further liability for the Defect or Structural Defect or any consequential damages arising therefrom for which compensation has been paid. The Program shall not be liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in the value of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property not covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at the sole expense of the Homeowner and not subject to reimbursement by the Program. 4.
HOMEOWNER OBLIGATIONS (a) The Homeowner shall: (i)
(ii) (iii) (iv)
(v)
(vi)
Immediately and within one (1) year from the Date of Possession, provide written notice to the Builder giving full details of any Defect and not later than sixty (60) days after the end of that year give to the Program, in the Program’s form, written notice of any Defect which has not been repaired or replaced by the Builder and make a written request for assistance of the Program for Conciliation of the Defect; Immediately and within five (5) years after the Date of Possession, provide a written request for assistance in the Program’s form, to the Program, giving full details of any Structural Defect for Conciliation of the Structural Defect; In cases of a dispute with the Builder, before using any other remedy, provide written notice to the Program for Conciliation of the dispute, the decision of which shall be binding upon both the Builder and the Homeowner unless changed by Arbitration; Not undertake any unilateral action or remedy without the prior written consent of the Program. The cost of such action and any consequent liabilities arising therefrom, will be for the sole account of the Homeowner. Further, unilateral actions or remedies undertaken by the Homeowner without the Program’s consent will be excluded from this warranty and may result in this warranty being voided entirely; Allow timely, free and full access to the Home Monday through Friday, excluding statutory holidays, from 8:00 am to 5:00 pm to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of monitoring complaints or claims, inspecting for required maintenance, investigating warranty or claims issues, monitoring warranty or claim issues, conducting further inspections as required, or to repair or replace Defects or Structural Defects; and Have paid the full purchase price for the Home including all adjustments and extras to the Builder, any holdbacks for Defects, deficiencies, seasonal deficiencies, or Builders’ liens being held in trust with the solicitor for the Builder or paid into the Court of Queen’s Bench of Alberta.
(b) The Homeowner: (i) Agrees that the Program upon making any payment or assuming liability under this Warranty Certificate protection coverage, is subrogated to all rights of recovery of the Homeowner against any person, corporation or other entity who may have caused or contributed to the occurrence of any liability under this coverage protection. The Program may bring action, at the Program’s expense, in the name of the Homeowner or the Program to enforce such rights. The Homeowner shall fully support and assist the Program in the pursuit of its subrogated rights; and (ii) 5.
Acknowledges that any notice required to be given to the Program must in fact be given to the Program in the Program’s form of written notice and within the time limits. Any notice given to the Builder is not effective notice to the Program.
LIMITS AND EXCLUSIONS (a) The only Warranty given by the Builder or the Program, which is binding on the Program, is contained in this Warranty Certificate. (b) When a Structural Defect is not causing damage to the Home, the Program may delay repairs until damage does occur. (c) A Structural Defect caused by improper maintenance of, or an alteration to, the Home or Equipment by the Homeowner is not included in this Warranty. (d) No claim shall be made under this Warranty Certificate where the Program has made a refund to the Homeowner under its Deposit Protection Receipt.
Page 3 of 5
(e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative. The Program shall not be liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in the value of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property not covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at the sole expense of the Homeowner and not subject to reimbursement by the Program. (f)
The limit of liability of the Program for the costs of any and all repairs and third party investigation and consulting engineers under this Warranty Certificate, including the first year Builder’s Warranty and the Standard Structural Warranty is SIXTY THOUSAND ($60,000.00) DOLLARS. (g) The Home has been enrolled by the Program for Warranty Certificate coverage subject to the terms, conditions, exclusions and limits of this Warranty Certificate. 6.
TERMINATION OF WARRANTY (a) This Warranty Certificate shall terminate automatically if: (i) The Homeowner does not maintain the Home in a reasonable and prudent manner; (ii) The Home is not used for residential purposes by the Homeowner, unless the Homeowner obtains the written consent of the Program which consent shall be in the sole discretion of the Program; (iii) The Homeowner fails to comply with the Homeowner Obligations in paragraph 4 above; (iv) The Homeowner undertakes any unilateral action or remedy without the prior written consent of the Program, the cost of such action and any consequent liabilities arising therefrom, will be for the sole account of the Homeowner and unilateral actions or remedies undertaken by the Homeowner will be excluded from this Warranty Certificate and will result in the Program’s Warranty Certificate being cancelled entirely. (b) In any event, unless the Homeowner has met the written notice requirements and obligations to both the Builder and the Program in paragraph 4 above, then the warranty obligations and liability of the Program to the Homeowner under this Warranty Certificate shall be absolutely terminated: (i) Sixty (60) days after the end of one (1) year from the Date of Possession with respect to the first year warranty in paragraph 3(a) above; (ii) Five (5) years from the Date of Possession with respect to the Structural Warranty in paragraph 3(b) above; (iii) Ten (10) years from the Date of Possession with respect to a Structural Warranty in paragraph 3(b) above that has been extended by the payment of a non-refundable fee to the Program within the optional time period offered by the Program.
7.
TRANSFER OF WARRANTY If the legal title to the Home is transferred before the termination of this Warranty Certificate, then: (a) All of the applicable unused benefits under this Warranty Certificate shall be automatically transferred to any subsequent Homeowner. But whether disclosed or not, prior actions or obligations of the Homeowner shall be binding upon any subsequent Homeowner and, in particular, any previous acts, omissions, defaults or agreements of any kind made by the Homeowner with the Builder or the Program shall be binding upon any subsequent Homeowner; (b) Each Homeowner shall promptly deliver this Warranty Certificate to any subsequent Homeowner and shall advise any subsequent Homeowner of any matter that may affect or limit the coverage contained in this Warranty Certificate; (c) All of the Homeowner Obligations contained in this Warranty Certificate shall be binding on any subsequent Homeowner.
8.
CONCILIATION PROCEDURE (a) If there is a dispute between the Builder and the Homeowner with respect to the Builder Warranty or any additional warranty provided by the Builder, then either the Builder or the Homeowner must provide the Program with the Program’s form of written notice requesting Conciliation of the dispute. (b) With respect to Defects, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be received by the Program not later than sixty (60) days after the end of one (1) year from the Date of Possession. (c) With respect to a Structural Defect, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be received by the Program not later than five (5) years from the Date of Possession, or not later than ten (10) years from the Date of Possession if the Structural Defect Warranty has been extended as described in paragraph 6(b)(iii) above.
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(d) The Builder and the Homeowner must comply with the Program’s Conciliation procedures. Upon receiving the Program’s form of written request for Conciliation, the Program will apprise the Homeowner and the Builder of the Program’s Conciliation procedures which include, but are not limited to, the following conditions: (i) (ii)
The inspection and Conciliation procedures of the Program are mandatory before the Program will do any repair work; No Conciliation will be commenced until the full purchase price for the Home has been paid in accordance with paragraph 4(a)(vi) above;
(iii)
The Homeowner must allow reasonable access to the Home Monday through Friday, excluding statutory holidays, from 8:00 am to 5:00 pm to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of inspection or repair; A non-refundable fee specified by the Program must accompany submission of the Program’s form of written request for Conciliation;
(iv) (v) (vi)
The Program will provide a written Conciliation report to the Builder and the Homeowner; A Conciliation decision shall be final and binding;
(vii) If repairs are necessary, the Program may conduct inspections of the Home until the work has been completed to the Program’s satisfaction; (viii) It is an absolute requirement (condition precedent) that prior to the Program commencing any remedial work or repairs, that any outstanding monies due and owing to the Builder including holdbacks for Defects, deficiencies or otherwise as described in 4(a)(vi) above must be unconditionally forwarded to the Program and disbursed in accordance with the written decision of the Program unless the Builder or Homeowner proceeds to Arbitration, in which case the monies shall be disbursed in accordance with the Arbitration proceedings. 9.
ARBITRATION (a) If any issue, with respect to anything in this Warranty Certificate or contained in a Conciliation report, is disputed, it shall be settled by Arbitration by a single arbitrator in accordance with the Arbitration rules and procedures adopted by the Program. It is expressly agreed that the Arbitration shall be final and binding on all parties. (b) Payment of the costs of the Arbitration including: the arbitrator’s fees and expenses; the Arbitration application fee; and the law firm administration fee, shall be the responsibility of the parties to the Arbitration but a final award of costs shall be in the discretion of the arbitrator. (c) The Homeowner, Builder or the Program may initiate an Arbitration. The application to arbitrate must be commenced by completing an Application to Arbitrate in the form approved by the Program and submitting the Application to Arbitrate and a non-refundable application fee to a law firm designated by the Program not later than thirty (30) days from the date of the Program’s Conciliation report.
10. NOTICE Any notice required to be given must be given in writing and mailed or delivered at the addresses indicated in the Certificate of Possession for the Homeowner and the Builder. The Program’s address is: The Alberta New Home Warranty Program Calgary #201, 208 - 57 Avenue S.W. Calgary, AB T2H 2K8 Edmonton #201, 10335 – 172 Street Edmonton, AB T5S 1K9
Any notice delivered by mail shall be deemed to have been received five (5) days after it has been posted in a prepaid addressed envelope.
Page 5 of 5
Appendix B NATIONAL HOME WARRANTY PROGRAM ADDENDUM TO PURCHASE AGREEMENT LIMITED WARRANTY CERTIFICATE - SINGLE-FAMILY RESIDENTIAL UNIT 1. DEFINITIONS - In this Limited Warranty: “Arbitration” means a binding arbitration in accordance with the rules adopted by the Program. “Builder” means the Builder named in the Contract and on the Certificate of Possession. “Certificate of Possession” means the Certificate that is to be dated and executed by the Builder and Purchaser on the Possession Date. “Conciliation” means an inspection and a written report issued by the Program that provides a binding decision regarding warranty issues in dispute between the Builder and the Purchaser. “Contract” means a written agreement made between the Builder and the Purchaser wherein the Builder agrees to construct or sell to the Purchaser a Residential Unit built in accordance with the plans and specifications or model referred to in the agreement. “Contractual Completion Warranty Period” means the period commencing on the date construction of the Residential Unit begins and ending on the earlier of (i) the date the Residential Unit is occupied by the Purchaser, or (ii) the date the Residential Unit is complete and ready for occupancy by the Purchaser, or (iii) the date the unit is complete and title is transferred from the Builder to the Purchaser at the appropriate Land Title Office. “Defects” means workmanship or materials supplied which are not in compliance with the Program’s Defect Guidelines or were noted on the Certificate of Possession and have not been resolved or are not in compliance with the Alberta Building Code in effect as at the date the building permit was issued or any condition which renders the Residential Unit not fit for its intended use as determined by the Program in its sole discretion. Noncompliance with the Alberta Building Code is considered a Defect covered by this Limited Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in material damage to the Residential Unit. “Defect Warranty Period” means the period commencing on the Possession Date of the Residential Unit and ending one (1) year from the Possession Date. “Deposit” means money paid by a Purchaser to a Builder as a deposit only, pursuant to the terms of a contract. “Deposit Receipt” means a receipt in the form provided by the Program to be executed by the Purchaser and the Builder for money paid to the Builder by the Purchaser as a Deposit. “Deposit Warranty Program” means the period commencing on the date the Program receives confirmation of Deposit Coverage under the Limited Warranty from the Builder and ending on the date construction of the Residential Unit commences. “Possession Date” means the date of possession set forth in the Certificate of Possession. “Purchaser” means any person owning the Residential Unit and named in the contract with the Builder for the construction of the Residential Unit, for the purpose of residential occupancy by the Purchaser. “Residential Unit” means the home, constructed for the purpose of residential occupancy by the Purchaser, that is the subject matter of this Limited Warranty Certificate. “Soil Movement” means the subsidence, expansion or lateral movement of soils immediately supporting or surrounding any load bearing portion of a Residential Unit but excludes soil movement caused by flood, earthquake, landslide or act of God. “Structural Defect” means a Defect in a load bearing component of a Residential Unit which will impair the overall structural integrity and stability of the Residential Unit but excludes driveways, basement floors, garage floors, carport slabs, sidewalks, retaining walls, septic tanks and fields or any other construction which by its use, uses or intended uses are not load bearing. For the purposes of this Limited Warranty Certificate “Load Bearing” means the piles, footings, foundation walls, grade beams, teleposts, bearing walls, floor joists, posts and beams, and roof trusses.
“Structural Defect Warranty Period” means the period commencing on the Possession Date of the Residential Unit and ending five (5) years from the Possession Date. “The Program” means National Home Warranty Programs Ltd. 2. BUILDER’S OBLIGATIONS AND WARRANTY a) The Builder warrants that the Residential Unit was constructed in accordance with the Alberta Building Code requirements and standards in effect at the time the building permit was issued for the Residential Unit. b) The Builder agrees to repair or replace Defects listed and attached to the Certificate of Possession in a timely and efficient manner. c) Defects to the Residential Unit will be repaired or replaced where such Defects occur within one (1) year following the Possession Date, provided that the Purchaser has complied with all those obligations as set out in Paragraph 4, following; d) The following are not Defects; i) Normal cracks in plaster, paint, drywall, masonry, stucco and concrete work including without limitation, cracks in basement floors, garage floors, retaining walls, patios, sidewalks and driveways; ii) Normal shrinkage or warping of materials; iii) Defects arising from normal wear and tear or improper and inadequate maintenance by the Purchaser including damage caused by, or resulting from, dampness or condensation due to the failure of the Purchaser to maintain adequate heat and/or ventilation; iv) Defects in workmanship, materials or alterations supplied or made by the Purchaser; v) Damage caused by the Purchaser at the time of the move-in; vi) Damage caused by Soil Movement around the Residential Unit or utility lines other than Structural Defects; vii) Defects accepted by the Purchaser at the Possession Date that were then apparent. 3. PROGRAM WARRANTY In order for the warranties provided in this document to be binding upon the Program, the Purchaser must not be in default of any, some or all of those obligations set out in Paragraph 4 of this Limited Warranty Certificate. The Program shall indemnify the Purchaser, subject to the exclusions, limitations and conditions set out in this Limited Warranty where a claim for direct loss is made within the Deposit and Contractual Completion Warranty Period, Defect Waranty Period or Structural Warranty Period. Subject to the exclusions, limitations and conditions set out in this Limited Warranty, the Program shall only be liable for the limit specified below in respect of all claims made by the Purchaser under each coverage listed; a) Deposit Coverage Warranty The Program will pay to the Purchaser any portion of a Deposit which at law is refundable to the Purchaser under the Contract and is not recovered from the Builder as a result of the bankruptcy, insolvency, liquidation or winding up of the Builder providing the claim therefor is made to the Program within one year from the date of the Contract. The maximum obligation of the Program for Deposit Coverage is Twenty Five Thousand Dollars ($25,000.00). b) Contractual Completion Warranty The Program will provide protection to the Purchaser for damages caused by the Builder’s failure to complete the construction of the Residential Unit as a result of the bankruptcy, insolvency, liquidation or winding up of the Builder providing the claim therefor is made to the Program within the Contractual Completion Warranty Period. The Program will pay reasonable legal costs not to exceed $3,000.00 to remove liens from the Purchaser’s title. The maximum obligation of the Program for damages resulting from the Builder’s failure to complete the construction of the Residential Unit and to clear builder liens with respect to the Residential Unit shall not exceed, in the aggregate, the sum of Twenty Five Thousand Dollars ($25,000.00). Page 1 of 2
The Purchaser cannot make any claims under the provisions of Paragraph 3(b), above, WHERE: a) The Deposit has been returned to the Purchaser; b) The Purchaser fails to comply with any and all laws, statutes or statutory or legal obligations which are designed and intended for the benefit of the Purchaser pursuant to the Contract or any law or statute or legal practice or standard regulating the activities and matters, i.e. Holdbacks (lien or seasonal); c) One (1) year has elapsed following the Default of Builder d) Possession of the Residential Unit has been taken by the Purchasers; e) Any claim is made for any matter beyond the warranty provided by this document; f) If the Purchaser continues to deal with the Builder for completion of the Residential Unit even after termination of the Builder’s registration with the Program; c) Defect and Structural Defect Warranty The Program will: a) fulfill the one (1) year warranty of the Builder as set out in Paragraph 2 of this document if the Builder fails to do so; b) repair Structural Defects which occur during the four (4) year period following the expiration of the Builder’s warranty; The decision to correct a Defect or Structural Defect is in the sole discretion of the Program. This can only be changed by Conciliation; d) Additional Living Expenses Coverage If the Residential Unit becomes uninhabitable due to a Defect or Structural Defect, for such period as is reasonably required to repair the Defect or Structural Defect, pay compensation for additional living and moving expenses in an amount not to exceed Five Thousand Dollars ($5,000.00), q subject to prior approval of the Program q. The maximum obligation of the Program, pursuant to Paragraphs 3(b), 3(c) and 3(d) above, shall not exceed in the aggregate, the sum of Fifty Thousand Dollars ($50,000.00). 4. PURCHASER OBLIGATIONS In order for Parts 3(c) and 3(d) of this Limited Warranty to be in effect the Purchaser shall: a) execute a Certificate of Possession provided by the Builder; b) maintain the statutory lien fund; c) use the Residential Unit only as a residence; d) not remove the Residential Unit from its foundation; e) properly maintain the Residential Unit; f) immediately and within one year from the Possession Date contact the Builder in writing giving full details of any Defect or Structural Defect. If the Builder fails to respond in a reasonable period of time the Purchaser shall notify the Program in writing giving complete details within sixty (60) days of the first anniversary of the Possession Date; g) immediately and within five (5) years after the Possession Date contact the Program in writing giving full details of any Structural Defects; h) in the event of a dispute concerning the Builder’s performance of its one (1) year warranty, before using any other remedy, proceed to conciliation, all in accordance with the procedures set out in this Certificate; i) maintain and ensure that drainage of surface water shall be away from the foundation walls of the Residential Unit; j) cooperate with the Program upon the Builder’s default, including the execution of such agreements and documents as may reasonably be required by the Program to fulfill its obligations under this Limited Warranty; k) fully cooperate with the Builder, sub-trades and the Program in permitting them, or any of them, to obtain easy access in order to repair or replace a Defect or Structural Defect; l) not be in default of any of these obligations and the Contract. 5. LIMITATION AND EXCLUSIONS a) The Warranty contained in this Limited Warranty Certificate is the only Warranty that is binding upon the Builder and the Program. b) This Limited Warranty covers repairs to the Residential Unit and the Program is not liable for any other property damage or personal injury.
6. TRANSFER OF LIMITED WARRANTY To effect a transfer of the Limited Warranty the home, named in the contract with the Builder and the original Purchaser, must have been completed by the Builder and occupied by the original Purchaser named in the contract with the Builder. In the event there is a transfer of ownership of the Residential Unit during the term of this Limited Warranty, then all remaining benefits under this Limited Warranty shall accrue to the new owner who will be bound by all the Purchaser obligations set out herein. The new owner shall not be entitled to any benefits under the Limited Warranty that would not have accrued to the Purchaser had the Purchaser retained ownership of the Residential Unit. 7. CONCILIATION a) In the event of a dispute between the Builder and the Purchaser which cannot be settled between them with respect to the Builder’s performance of its one (1) year warranty, either party shall submit in writing to the Program for conciliation. This shall be done within sixty (60) days of the end of the one (1) year warranty supplied by the Builder. This procedure is a pre-requisite of the Program accepting responsibility pursuant to Paragraph 3 of this Limited Warranty; b) The Conciliator shall be named by the Program and shall have such powers as is necessary, and without limitation the right of reasonable access to the Residential Unit to conduct inspections, in order to make a proper determination of the dispute. Both the Builder and the Purchaser shall make representations to the Conciliator in the manner directed by the Conciliator. c) The Conciliator shall make a determination and advise both parties in writing of the decision, including the work to be done, if any, and by whom. d) If it is determined that there is remedial work to be done the Program shall conduct such inspections as are necessary, in the absolute discretion of the Program, until the work to be completed has been done. e) The decision of the Conciliator shall be final and binding upon all parties hereto unless changed by the decision of an arbitrator. f) It is an absolute requirement (condition precedent) to any remedial work or repairs by the Program, that should the Purchaser be holding back payment of any monies due and owing to the Builder for any claimed defect or deficiency then such monies shall be paid into trust at the direction of the Program prior to the commencement of any remedial work or repairs. The monies shall be held in trust and disbursed in accordance with the written decision of the Program unless the Builder or the Purchaser proceed to arbitration, in which case the monies shall be disbursed in accordance with an arbitration award pursuant to Paragraph 8 (Arbitration). 8. ARBITRATION a) If any issue contained in the conciliation report is disputed, it shall be settled by binding arbitration by a single arbitrator in accordance with the rules adopted by the Program. b) The homeowner, Builder or the Program may initiate an arbitration by making a written request and submitting it and the appropriate non-refundable fee to the law firm designated by the Program not later than 30 days from the date of the conciliation report. c) The cost of the arbitration, including the arbitrator’s fee, shall be borne by the parties to the arbitration. A final award of costs shall be at the discretion of the arbitrator. It is expressly agreed that the arbitration shall be final and binding on all parties. 9. SUBROGATION The Purchaser(s) hereby subrogate(s), in favour of the Program, all their rights against the Builder, sub-trades or any third party relating to the Contract and hereby further agrees that the Program shall have the full right and power to carry on any judicial or other proceeding(s) in the name of the Purchaser(s). I/We acknowledge that I/We have read this Limited Warranty Certificate disclosed to me/us by the Builder on this ______________ day of __________________________________________________, 20__________. Purchaser: ______________________________________________________ Purchaser: ______________________________________________________ Page 2 of 2
Appendix C Limited Warranty Certificate
Page 1
RESIDENTIAL WARRANTY COMPANY OF CANADA INC. LIMITED WARRANTY CERTIFICATE 1.0
Definitions
The following words and phrases when used in this Limited Warranty Certificate shall have the following meanings unless the context otherwise requires: 1.1
“Builder” means the builder or contractor described in the Possession Certificate and/or declaration page attached to this Limited Warranty Certificate;
1.2
“Building Code” means the provincial building code applicable to construction of the Residential Unit and in force at the time the building permit was issued for the Residential Unit;
1.3
“Contract” means the written agreement made between the Builder and the Purchaser for construction or sale to the Purchaser of a Residential Unit;
1.4
“Defect” means any work and materials which fail to comply with the Building Code;
1.5
“Limited Warranty Certificate” means this certificate;
1.6
“Possession Certificate” means the Possession Certificate in the form provided by RWC which is to be dated, completed and executed by the Builder and Purchaser on the Possession Date;
1.7
“Possession Date” means the date of possession stated in the Possession Certificate;
1.8
“Purchaser” means a person who has entered into a Contract with the Builder;
1.9
“Program” means the single family residential warranty program administered by RWC;
1.10
“Residential Unit” or “Unit” means a detached or semi-detached single-family dwelling or duplex newly constructed by the Builder and not occupied prior to the Possession Date but does not include any swimming pool, site grading or surface drainage, landscaping, shrubbery, flowers, trees, patio, driveway, sidewalk, retaining wall, fence, septic tank or field, water well, or detached garage, carport or outbuildings, or a condominium unit;
1.11
“RWC” means Residential Warranty Company of Canada Inc., the corporation which administers the Warranty on behalf of the Builder and Warranty Insurer;
1.12
“Structural Defect” means any defect in the following load bearing components of a Residential Unit which impairs the structural integrity of the Residential Unit: piles, footings, foundation walls, grade beams, teleposts, bearing walls, floor joists, girders, posts and beams, and roof trusses, but excludes driveways, basement floors, garage floors, patios, sidewalks, retaining walls, swimming pools, and all other concrete work which is not load bearing;
1.13
“Warranty” means the warranty obligations of the Builder and the Warranty Insurer set forth in the Limited Warranty Certificate; and
1.14
“Warranty Insurer” means the insurance company that underwrites the Warranty.
Residential Warranty Company of Canada Inc. June 20, 2002 ABSF
Limited Warranty Certificate
Page 2
2.0
Warranty of the Builder
2.1
The Builder warrants to the Purchaser that the Residential Unit was constructed in compliance with the Building Code.
2.2
Subject to the terms, conditions, exclusions and limitations contained in this Limited Warranty Certificate, and providing the Purchaser has complied with the obligations set forth in Section 6 hereof, the Builder agrees to: 2.2.1
Complete seasonal and other deficiencies stated on the Possession Certificate in a timely manner; and
2.2.2
Repair Defects and Structural Defects in the Residential Unit which are reported to the Builder in writing within one (1) year following the Possession Date.
2.3
The Builder shall assign to the Purchaser all manufacturers’ warranties on products supplied by the Builder.
3.0
Proscriptions
The following are not Defects or Structural Defects in the Residential Unit within the meaning of this Limited Warranty Certificate, and are not covered by the Warranty: 3.1
Materials, design or workmanship provided by the Purchaser;
3.2
Normal cracks in plaster, paint, drywall, masonry, stucco and concrete;
3.3
Shrinkage or warping of materials;
3.4
Defects arising from improper maintenance of the Residential Unit by the Purchaser, or resulting from inadequate heat or ventilation;
3.5
Soil subsidence around or near the Residential Unit; and
3.6
Defects or Structural Defects apparent on the Possession Date and accepted by the Purchaser.
4.0
Warranty of the Warranty Insurer
Subject to the terms, conditions, exclusions and limitations set forth in this Limited Warranty Certificate, and providing the Purchaser has complied with the obligations set forth in Section 6 of this Limited Warranty Certificate: 4.1
Defects and Structural Defects 4.1.1
The Warranty Insurer agrees to repair Defects and Structural Defects that have not been repaired by the Builder within the first year following the Possession Date which are reported in writing to RWC within thirty (30) days following the first anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Two Hundred and Fifty ($250.00) Dollars.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
4.1.2
4.2
The Warranty Insurer agrees to repair Structural Defects that become apparent within nine (9) years following the first anniversary of the Possession Date which are reported in writing to RWC immediately and within thirty (30) days following the tenth anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Five Hundred ($500.00) Dollars.
Limitation of Liability 4.2.1
4.3
Page 3
The Warranty Insurer’s liability under Section 4.1 for repair of Defects and Structural Defects is limited to and shall not exceed Sixty Thousand ($60,000.00) Dollars in the aggregate.
Contract Completion 4.3.1
If the Builder defaults under the Contract or builders’ liens are registered against title to the Residential Unit and the Builder becomes insolvent or subject to the provisions of the Winding Up Act or the Bankruptcy and Insolvency Act, or is liquidated or a receiver or receiver manager is appointed in respect to the assets of the Builder, then, subject to the limitations, exclusions and conditions set forth in Section 4.3 hereof, the Warranty Insurer agrees to: 4.3.1.1 Complete construction of the Residential Unit in accordance with the Contract, subject to any amendments thereto as are deemed necessary by the Warranty Insurer regarding the completion date; and 4.3.1.2 Discharge from title to the Residential Unit builders’ liens registered thereon in connection with improvements made to the Residential Unit under the Contract.
4.3.2
The Warranty Insurer’s liability under Sections 4.3.1.1 and 4.3.1.2 for completion of the Residential Unit and discharging liens from title thereto is limited to and shall not exceed the sum of Twenty-Five Thousand ($25,000.00) Dollars in the aggregate.
4.3.3
The Purchaser cannot make any claim against the Warranty Insurer under Section 4.3, Contract Completion, where: 4.3.3.1 Any deposit or portion thereof paid under the Contract has been returned to the Purchaser; 4.3.3.2 The Purchaser is in default under the Contract or any obligation of the Purchaser set forth in this Limited Warranty Certificate; 4.3.3.3 A period of one (1) year has expired since the date of the Builder’s default under the Contract or the date on which the Purchaser took possession of the Residential Unit; 4.3.3.4 The Purchaser fails to comply with the Builders’ Lien Act of Alberta or similar legislation in the jurisdiction in which the Residential Unit is located, or adhere to or utilize standard legal practice customarily used in the jurisdiction where the Residential Unit is located to protect a Purchaser in respect to deficiencies under the Contract or title to the Residential Unit; or 4.3.3.5 The Builder is not a member of the Program when the Contract is signed by the Purchaser.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
4.4
4.5
Page 4
Living Expenses 4.4.1
In the event the Residential Unit becomes uninhabitable due to a Defect or Structural Defect, the Warranty Insurer agrees to pay to the Purchaser additional living and moving expenses incurred by the Purchaser of up to One Hundred ($100.00) Dollars per day, providing those expenses are pre-approved in writing by the Warranty Insurer.
4.4.2
The Warranty Insurer’s liability under Section 4.4 is limited to and shall not exceed an aggregate maximum limit of Six Thousand ($6,000.00) Dollars.
Extended Coverage 4.5.1
Mechanical Systems The Warranty Insurer agrees to repair Defects in the electrical, plumbing and heating systems incorporated into the Residential Unit where such Defects become apparent and are reported to RWC in writing within one (1) year following the first anniversary date of the Possession Date, subject to a deductible payable by the Purchaser of Five Hundred ($500.00) Dollars.
4.5.2
Foundation Water Penetration The Warranty Insurer agrees to repair the foundation of the Residential Unit if water penetrates the foundation and causes material damage, where such water penetration or resulting damage becomes apparent and is reported to RWC within four (4) years following the first anniversary date of the Possession Date, subject to a deductible payable by the Purchaser of Five Hundred ($500.00) Dollars.
4.6
Decisions of RWC The decision of RWC regarding correction of any Defect or Structural Defect shall be final and binding on the Purchaser.
5.0
Dispute Resolution
5.1
If an unresolved dispute arises between the Builder and the Purchaser regarding the Builder’s obligations under the Warranty, either the Builder or the Purchaser may submit the matters in issue to RWC for final resolution.
5.2
RWC shall review the matters in issue and conduct such inspections of the Residential Unit as it deems necessary, with the cost of such inspections to be borne by the Purchaser and/or Builder as determined by RWC.
5.3
In order to inspect reported Defects, access to the Residential Unit shall be given to RWC and/or its consultants during normal business hours upon request.
5.4
Within thirty (30) days following inspection of the Residential Unit by RWC and/or its consultants, RWC shall issue a written report on the matters in issue and provide the Builder and Purchaser with a copy of the report. The recommendations and conclusions of RWC set forth in the report shall be final and binding on the Builder and the Purchaser.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
Page 5
5.5
If the report of RWC calls for repairs, the Purchaser shall give the Builder, RWC and its agents and subcontractors access to the Residential Unit during normal business hours to undertake the repairs.
5.6
Commencement of court proceedings or other legal action by the Purchaser in respect to this Warranty shall void the Warranty coverage in all respects.
6.0
Purchaser’s Obligations
The Purchaser shall: 6.1
Within one (1) year from the Possession Date, if any Defect in the Residential Unit is discovered, immediately advise the Builder in writing of the details of the Defect. If the Builder fails to respond or remedy the Defect, the Purchaser shall give RWC written notice setting forth the details of the Defect within thirty (30) days following the first anniversary of the Possession Date.
6.2
Within ten (10) years from the Possession Date, if any Structural Defect in the Residential Unit is discovered, immediately advise RWC in writing of the details of the Structural Defect.
6.3
Maintain the Residential Unit in a proper and prudent manner.
6.4
In the case of a claim arising under Section 4.3 of this Limited Warranty Certificate: i)
transfer and assign to the Warranty Insurer all legal rights and remedies the Purchaser has at law against the Builder and subcontractors under or in relation to the Contract; and
ii)
pay to or to the order of RWC or the Warranty Insurer the unpaid balance of the Purchase Price under the Contract including holdbacks under the Builders’ Lien Act of Alberta.
6.5
Refer all unresolved disputes regarding the Warranty to RWC for investigation and final resolution.
7.0
Exclusions and Limitations
7.1
No repairs or remedial work will be undertaken by the Warranty Insurer unless: 7.1.1
Written notice of the Defect or Structural Defect has been given to the Builder and RWC within the time limits specified in this Limited Warranty Certificate; and
7.1.2
RWC has investigated or caused to be investigated the Defect or Structural Defect and the written report of RWC requires that Defect or Structural Defect to be repaired.
The conditions set forth in Sections 7.1.1 and 7.1.2 hereof are conditions precedent which must be satisfied before any corrective action or remedial work is undertaken or performed by the Warranty Insurer. 7.2
The Warranty contained in this Limited Warranty Certificate is the only warranty binding upon the Builder and the Warranty Issuer.
7.3
The Warranty in this Limited Warranty Certificate covers repairs to the Residential Unit only, and the Warranty Insurer is not liable for property damage or damages resulting from physical injury or death of any person, or for any consequential damages whatsoever.
Residential Warranty Company of Canada Inc.
Limited Warranty Certificate
Page 6
7.4
The aggregate maximum liability of the Warranty Insurer for all claims arising under this Limited Warranty Certificate shall be limited to and shall not exceed One Hundred Thousand ($100,000.00) Dollars.
7.5
RWC is the administrator of the Warranty, and shall not under any circumstances be liable for performance of any obligation of the Builder or the Warranty Insurer under this Limited Warranty Certificate.
8.0
Termination of Warranty
The Warranty shall terminate and be of no further force or effect if: 8.1
The Residential Unit is not used as a single family residence or is not properly maintained;
8.2
All or any portion of the deposit paid under a Contract has been refunded to the Purchaser; or
8.3
The Purchaser fails to provide the Builder and RWC with the written notices required of the Purchaser within the time period specified in this Limited Warranty Certificate.
9.0
Subrogation
In the event RWC or the Warranty Insurer repairs any Defect or Structural Defect, RWC and the Warranty Insurer shall be subrogated to all the Purchaser’s rights of recovery therefor against the Builder or any third party, and the Purchaser agrees to execute and deliver any and all documents and take any and all action as may be necessary to secure such rights, and shall do nothing to prejudice such rights of subrogation. 10.0
Notices
Any notice required or permitted to be given to RWC by the Purchaser must be in writing and given within the time limits prescribed in this Limited Warranty Certificate. 11.0
Transfer of Limited Warranty
Any unused portion of this Warranty shall extend to subsequent transferees of the Residential Unit, subject to the Purchaser’s obligations set forth in this Limited Warranty Certificate.
Residential Warranty Company of Canada Inc.
To be completed by Residential Realtors ALBERTA REAL ESTATE ASSOCIATION CREDENTIAL FORM To be used for Alberta Crown Land Listings - Updates required every 3 months – (Please type)
Real Estate Board Attach your resume and/or marketing plan & return to your Real Estate Board. (only forms fully completed with a resume will be considered by Alberta Infrastructure.)
1. Broker/Associate Broker/Agent Candidate: (complete separate form for each Candidate)
Number of years trading in real estate Number of years trading in this specialty (industrial/commercial) Brokerage Name: Broker’s Name: Address: City: Bus.: (
Postal Code: )
Fax.: (
)
Email:
2. VOLUME OF SALES BUSINESS IN THE PAST THREE YEARS (Percentage) Industrial
%
Commercial
%
Investment
%
Development Land
%
Agricultural Land
%
Recreation
%
Residential (incl. Acreage)
%
(Approx. $ Value)
(# of Properties)
3. VOLUME OF LEASING AND SUBLEASING BUSINESS IN THE PAST TWELVE MONTHS # of Listings
Area Leased or Subleased
Retail
m2
Office
m2
Industrial
m2
Approx. $ Value
4. Geographic area of specialization
(city/town, North/South/West/East of city/town, etc.)
5. ADDITIONAL CREDENTIALS/EXPERTISE (FRI, CCIM, FRAP, belongs to a national marketing network, etc.)
Note: Selected REALTORS will be asked by the Province to provide: 1. Comparative Market Evaluation (CME) for each of the properties to be sold, and 2. Bi -weekly or monthly activity reports identifying the number of showings and the number of calls received on each listing.)
6. CANDIDATE MARKETING EXPERIENCE On the attached spreadsheet detail the history of your past listings and sales (minimum one year, three years preferable). Listing/Sale/Dual should be indicated as follows: Listing: Your listing, sold by another individual Sale: Your sale of another individual’s listing Dual: You sold your own listing
Property Type
Address
City/Town
Property Description
Listing/Sale/ Dual
Date
Sale Price
Industrial
123 Any Street
Somewhere
15,000 sq.ft. shop on 2 acres land
Dual
July, 1999
$450,000
Attach your resume and/or marketing plan and return to: Calgary Real Estate Board, Attention Jeff Hill or Fax 265-9869
Broker/Agent Buying on Own Behalf
DISCLOSURE STATEMENT Date: Property Address: Section 18 (3) of the Real Estate Act states: Before accepting any money in connection with the carrying on of the business of an industry member, an industry member shall provide to the person on whose behalf the industry member is acting and any other person who is providing the money, full particulars in writing of: a) any direct or indirect interest that the industry member or any associate within the meaning of the Securities Act or any officer, director or manager of the industry member or associate or, where the industry member is a partnership, any partner in the partnership, has or may acquire in the transaction. and: CREB’s Standards of Business Practice, Article 13 states: A REALTOR shall not present an offer or acquire an interest in property either directly or indirectly for himself, any member of his or her immediate family or any entity in which the REALTOR has a financial interest, without making the REALTOR’s position known to the seller in writing. In selling/leasing property owned by the REALTOR, or in which the REALTOR has an interest, the interest shall be revealed to the Buyer/Tenant in writing. And therefore, let it be known that: I,
am a registered/licensed real estate Agent/Broker employed with in the City/Town of ___________________________
in the Province of Alberta. I am acquiring an interest in the above mentioned property for my personal gain or loss and may resell the property at any time in the future. I am registered under the Real Estate Act of Alberta, and as such am making this statement for the purpose of complying with the Act and its provisions.
Witness
Signature of Agent/Broker
I have received a copy of this Disclosure Statement and understand it fully. Witness
Signature of Seller
Witness
Signature of Seller June 2002
BUILDER / REALTOR REGISTRATION FORM DATE ____________________________
Guidelines REALTOR / Client Declaration The client agrees he/she has not had contact with the Builder or any of the Builder’s representatives within the past 60 days. The REALTOR and the Client have registered with the Builder’s representative on their initial visit to the showhome. This registration is valid in the community as named below. ___________________________________ Client
___________________________________ REALTOR
============================================================================ Community/Project Name ________________________________________________________________ REALTOR Name
________________________________________________________________
Company
________________________________________________________________
Business Phone
________________________ Residence Phone _______________________
Client Name
________________________________________________________________
Client Address
________________________________________________________________
Business Phone
________________________ Residence Phone _______________________
New Home Interests
________________________________________________________________
It is acknowledged that a Builder/Developer Purchase Agreement will be required to identify the terms of the sale between the Buyer and the Builder/Developer. ____ Buyer ____ REALTOR ============================================================================
TO BE COMPLETED BY THE BUILDER’S REPRESENTATIVE Terms of Registration
________________________________________________________________ ________________________________________________________________
Commission
________________________________________________________________
Special Terms or Conditions
________________________________________________________________
Expiry Date of Registration
________________________________________________________________
Commission Payout Schedule
________________________________________________________________ CREB® / CRHBA Form Builder’s Representative Signature ____________________________________ 03/00 This is a REALTOR LinkTM print-only version. Original form is in triplicate: Builder Copy / REALTOR Copy / Buyer Copy
CONDOMINIUM SELLER’S PROPERTY DISCLOSURE STATEMENT Purpose of Statement This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. Some of the questions below may require examining the condominium plan or plans before they can be properly answered. This disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the Buyer. Date of Disclosure: ____________________________________________________________________________________________________________ Seller’s Name: ________________________________________________________________________________________________________________ Property Address: ____________________________________________________________________________________________________________
The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 1.
If your unit is a bareland condominium, do you have a real property report that reflects the current state of improvements on the unit (e.g. the dwelling, fences, decks, sheds, etc.)?
Y
N
?
n/a
If yes, does the report have a stamp of compliance?
Y
N
?
n/a
Y
N
?
n/a
Date ____________________________________
2.
Did you have a property inspection report completed when you purchased this unit? If yes, did it indicate any significant repairs that have not been done?
Y
N
?
n/a
3.
To the best of your knowledge, are the exterior walls of your unit above the basement level insulated?
Y
N
?
n/a
4.
To the best of your knowledge, are the basement walls of your building insulated?
Y
N
?
n/a
5.
To the best of your knowledge, is the ceiling insulated?
Y
N
?
n/a
6.
Has the wood stove/fireplace and/or insert been inspected and approved by local authorities?
Y
N
?
n/a
Is the security system subject to a payout if the new buyer does not continue the present contract?
Y
N
?
n/a
Y
N
?
n/a
Y
N
?
n/a
7.
If yes, how much is the buyout? _________________________________________________________ 8.
Are all items to be included in the transaction free and clear of all encumbrances? If no, list items _______________________________________________________________________
9.
Is any portion of the common property leased to you or another unit owner or any other party? If yes, is it
a parking stall?
a storage unit?
other? ________________________
10. Have any special resolutions been passed by the corporation?
Y
N
?
n/a
11. In what year was the last change in your condominium bylaws registered? _______________________ 12. Is the Property subject to a recreational agreement?
Y
N
?
n/a
13. Have you received any notice or claim affecting your unit or the Property from any person or entity?
Y
N
?
n/a
14. Are you aware of any alterations to or on your unit made without a required permit?
Y
N
?
n/a
Y
N
?
n/a
15. Are you aware of any problems with the heating/air conditioning/ventilation system of your unit?
Y
N
?
n/a
16. Are you aware of any problems with the plumbing system of your unit?
Y
N
?
n/a
17. Are you aware of any problems with your unit’s electrical system, panel, switches or receptacles?
Y
N
?
n/a
18. Are you aware of any problems with the jetted tub or hot tub?
Y
N
?
n/a
19. Are there any hidden defects under the floor coverings or in the walls?
Y
N
?
n/a
20. Are you aware of any roof leakage or unrepaired damage?
Y
N
?
n/a
21. Are you aware of any moisture and/or water problems in the unit or any other part of the complex?
Y
N
?
n/a
22. Are you aware of any past or present flooding or drainage problems in or around the unit?
Y
N
?
n/a
23. Are you aware of any problems with any appliances/mechanical items to be included in this transaction?
Y
N
?
n/a
24. Are you aware of any changes made to common areas adjoining your unit that are in contravention of the registered bylaws of your condominium corporation?
Y
N
?
n/a
If yes, was an electrical inspection done?
© May 2001/September 2002 The Alberta Real Estate Association
-2The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 25. Are you aware of any special assessments approved or pending for the corporation?
Y
N
?
n/a
26. Are you aware of any unregistered encroachments, easements or rights-of-way?
Y
N
?
n/a
27. Is post tensioned cable used in the structure of any portion of your condominium?
Y
N
?
n/a
28. Are you aware of any structural deficiencies in the complex?
Y
N
?
n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problems?
Y
N
?
n/a
30. Are you aware of any problems with retaining walls cracking or bulging?
Y
N
?
n/a
31. Are you aware of any problems with the common heating/air conditioning/ventilation system?
Y
N
?
n/a
32. Are you aware of any problems with the common plumbing system?
Y
N
?
n/a
33. Other than those stated above, are you aware of any other latent (hidden) defects on the Property?
Y
N
?
n/a
34. Are you aware of any environmental concerns on the Property or otherwise affecting the Property?
Y
N
?
n/a
35. Are you aware if an environmental audit has ever been completed for the complex?
Y
N
?
n/a
Additional Comments and/or Explanations: (Use additional pages if necessary)
___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ Acknowledgment and Limitation of Statement The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any important changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day. The Seller acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers. Seller: _______________________________________________
Seller: _____________________________________________________
The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its own inquiries. Buyer: _______________________________________________
Buyer: _____________________________________________________
The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or guarantee the above information on the Property.
CORPORATE RELOCATION BUYER/SELLER DISCLOSURE This Schedule is attached to and forms part of the Purchase Contract # ________________
Section 20(h) of the Rules of Real Estate Act (Alberta) requires that a real estate brokerage cannot pay a commission or other remuneration directly or indirectly to an unlicensed party for services rendered in connection with a trade or dealing in real estate.
Real Estate Brokerage Name of Brokerage ______________________________________________________________________________________ Address _______________________________________________________________________________________________ City
Province/State
Postal/Zip Code
Name of broker, associate broker or agent receiving the referral ___________________________________________________ The Brokerage and its broker, associate broker and agents will not be responsible for any maintenance requirements on vacant properties. Upon an early cancellation of any listing agreement, the Brokerage will charge the Relocation Company a fee of $___________. The Brokerage, its broker, associate broker and agent will work within the requirements of the Real Estate Act (Alberta). ____________________________________________________
____________________________________________
Referred to Agent/Associate Broker Signature
Broker Signature
____________________________________________________ Date
Transferee Name ________________________________________________________________________________________________ Current Address ________________________________________________________________________________________ City
Province/State
Postal/Zip Code
Address of Purchase/Sale of Referral _______________________________________________________________________ Legal Description
City
Province/State
Postal/Zip Code
I am the transferee on these documents and I have a clear written understanding of agency as required under the Code of Conduct of the Real Estate Act (Alberta). q It is my understanding as a transferee that I am under a non-exclusive (open) brokerage real estate transaction and I, the transferee, am entitled to choose my agent/associate broker freely, and that the agent/associate broker is not required to pay any referral fee whatsoever. OR q It is my understanding that as a transferee that I am in an exclusive (closed) brokerage, that as a transferee I may have an agent/associate broker assigned to me by the Relocation Company, and that the agent/associate broker may have to negotiate a referral fee with the Corporate Relocation Company, providing the agreement does not conflict with the Real Estate Act (Alberta). ___________________________________________________
____________________________________________
Transferee Signature
Date
Corporate Relocation Company Name ________________________________________________________________________________________________ Address ______________________________________________________________________________________________ City
Province/State
Postal/Zip Code
The Corporate Relocation Company is a licensed real estate company in the province/state of __________________________. Name of the assigned licensed corporate relocation counsellor who will be handling all aspects in trade for the Transferee.
__________________________________________.
The corporate counsellor is licensed with (province/state regulatory body) __________________________________________. The Relocation Company agrees that it will practice within the requirements of the Real Estate Act (Alberta). ___________________________________________________
____________________________________________
Relocation Company Agent’s Signature
Date
Corporate Client Company Name ________________________________________________________________________________________ Address _______________________________________________________________________________________________ City
Province/State
Postal/Zip Code
The Corporate Client understands that it or any other unlicensed entity is not entitled to receive a commission or other remuneration on the transaction described herein. The Corporate Client has a clear understanding of agency and how agency affects the various parties to this transaction. The corporate contract for this particular transferee is in a(n) q non-exclusive (open) contract ___________________________________________________ Signature of Corporate Client © Draft June 2000
OR
q exclusive (closed) contract ____________________________________________ Date
MORTGAGE VERIFICATION FORM Approved by the Calgary Real Estate Board Date:
Please address replies to:
Mortgage Co.:
Name:
Address:
Company:
Mortgage No.:
Address:
Fax No.: RE: Name: Address:
Telephone:
Fax:
I/We hereby authorize you to provide with the mortgage information listed below and any other pertinent information they may require. Would you please return this form to the above address as soon as possible. Thank you.
Owners’ Signature 1. The current mortgage balance of
$ How much accrued interest? $
2. Does this include accrued interest? 3. Mortgage Payment $
P.I. or P.I.T. (excluding life insurance) per Date of last payment
4. Arrears if any $ 5. If applicable, what is the tax account balance? $ 6. Interest rate of mortgage
%. Term renewal date
7. Is this an insured mortgage? (i.e. CMHC, GEMICO) 8. What is the remaining amortization of the mortgage? 9. Can the mortgage be paid out? 10. If, so, how much would the payout penalty be? 11. Can the mortgage be paid out and remortgaged with your company? 12. The payout penalty, if any? 13. Can this mortgage be assumed without qualifying? 14. Do you have a copy of the Survey Certification or the Real Property Report? If yes, please enclose a photocopy for the benefit of your client. 15. Please indicate if there are any other special terms or prepayment privileges of this mortgage. . The information above is accurate and has been checked by our Mortgage Department. Confirmed by:
Title: Date:
Revised June 2002
NEW HOME SCHEDULE This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________ (the “Purchase Contract”)
Not to be used for the purchase of new condominiums. This Schedule concerns an agreement for the purchase and sale of a new home (the “Home”), as follows: Buyer: _______________________________________________________________________________________________________ Builder: ______________________________________________________________________________________________________ Municipal Address of the Home: __________________________________________________________________________________ ____________________________________________________________________________________________________________ The following terms apply to the purchase and sale of the Home. If these terms conflict with other terms of the Purchase Contract, the terms in this Schedule will prevail. 1.
Plans and Specifications: The Builder will construct (or complete construction) of the Home using: q the Builder's standard floor plans, standard specifications (the "Specifications") and standard choice of colours and finishing materials (the "Selections") for the _____________________________________________________________ model being built; q the Specifications and the Selections used in the Builder's showhome located at ______________________________________________________________________________________________________; q the floor plan, Specifications and Selections attached to this Schedule; q other (please specify) _____________________________________________________________________________________ The Builder will ensure that the Home complies with all applicable building codes.
2.
Selections and Extras: The Builder will complete the Home according to one of the following: q the Selections the Buyer makes based on the Specifications; q the Selections the Builder has made; q ______________________________________________________________________________________________________ ______________________________________________________________________________________________________
3.
Changes: The Builder reserves the right to make minor changes to the Home or make the Selections where the Buyer neglects to do so within the Builder's schedule. Minor changes are changes that do not detract from the value or significantly alter the appearance of the Home. If the Buyer requests installation of items that are not included in the price of the Home, the Builder will provide a change order form describing the item to be installed and the price to be paid for the change. The Buyer must pay for the extras when the change order is signed.
4.
Completion Day: The Builder will use reasonable efforts to ensure the Home is ready for occupancy on the Completion Day. The Builder cannot guarantee that the Home will be ready on time. Accordingly, if delays occur for reasons which are not within the control of the Builder, the Builder agrees to complete the Home as soon as practicable and to give the Buyer at least 30 days notice of the revised Completion Day. Notwithstanding the foregoing, if an occupancy permit is not issued within 60 days of the original Completion Day, the Buyer may terminate the Contract and receive a refund of all funds paid.
September 2002 The Alberta Real Estate Association
5.
GST: The price of the Home includes net GST payable, being GST less the GST New Housing Rebate (the "GST Rebate"). The Buyer warrants that the Buyer qualifies for the GST Rebate and will apply for it and assign it to the Builder. If, for whatever reason, the Builder does not receive the GST Rebate, the Buyer will pay the Builder an amount equal to the GST Rebate that would otherwise have been received by the Builder in addition to the Purchase Price.
6.
Unfinished Work: The Buyer acknowledges that the Home could be ready for occupancy without all work being completed. In that situation, the Builder's lawyer will keep an amount in trust equal to the Builder's estimated cost of completing the work. These funds will be released to the Builder as each item is completed.
7.
Builders' Lien Holdbacks: If the Buyer enters into this Contract before the drywall stage has been completed, the Buyer will be treated as an "owner" under the Builders' Lien Act. In this case, the Builder's lawyer will keep an amount in trust equal to the holdbacks required under the Act.
8.
Interest: No interest shall be payable on holdbacks maintained by the Builder's lawyer for unfinished work or Builders' liens.
9.
Warranty: The Builder warrants that the Home is covered by the following: q the Alberta New Home Warranty Program (attach Appendix A) q the National Home Warranty Program (attach Appendix B) q the Residential Warranty Company of Canada (attach Appendix C) q other (please specify) _______________________________________________________ Attach warranty as an appendix. The Buyer is advised to obtain a copy of the applicable warranty documentation as limitations may apply. Any disputes arising under the Purchase Contract shall be resolved through the process specified by the applicable warranty program (if any).
10. Visiting the Home: The Builder reserves the right to restrict access to the site during construction. Any party visiting the Home under construction does so at its own risk. The Buyer is encouraged to view the Home only when accompanied by the Builder's representative. 11. Completion of Subdivision: On the Completion Day, the subdivision developer may not have completed all of its obligations to the municipality. Accordingly, title to the Buyer's home may be subject to a development agreement caveat in favour of the municipality. Although such a caveat will be treated as a permitted encumbrance for closing purposes, this agreement does not transfer the obligation to complete the subdivision to the Buyer.
_________________________________________________
_________________________________________________________
Date
Builder’s Signature
_________________________________________________
_________________________________________________________
Buyer’s Signature
Buyer’s Signature
_________________________________________________
_________________________________________________________
Witness
Witness
This form was developed with a grant from the Alberta Real Estate Foundation.
NON DISCLOSURE OF BUYER/SELLER’S NAME M.L.S.
#
Real Estate Listing Contract
#
Real Estate Purchase Contract
#
Between: BUYER/SELLER
THE BROKERAGE (the “Brokerage”)
Last Name
First Name
Brokerage Name
Last Name
First Name
Broker/Manager/Agent
IN CONSIDERATION of the Calgary Real Estate Board Co-Operative Ltd.’s Rules and Regulations, hereby acknowledge the written
I/we Broker/Manager/Agent
that their said name
request from Buyer/Seller
not be disclosed on M.L.S. Listing/Purchase information.
request that the Calgary Real
I/We Buyer/Seller
Estate Board Co-Operative Ltd. not disclose our name on M.L.S. Listing/Purchase information.
Buyer/Seller
Witness
Buyer/Seller
Witness
Broker/Manager/Agent
Dated this
day of
Buyer/Seller acknowledges receiving a copy of this Agreement
,
.
REAL ESTATE LISTING CONTRACT EXTENSION/AMENDMENT AGREEMENT MLS# _______________________________________
Real Estate Listing Contract # ____________________________
TO: _________________________________________________________________________________________________________________________ Brokerage Name (the “Brokerage”) My/Our Property known as: _____________________________________________________________________________________________________________________________. Municipal Address Plan _________________________________________________ Block _____________________ Lot _______________ Subdivision _______________ OR W. of
Range
Township
Section
Part
Acres
OR Condo. Unit No. ________________________________ Plan No. _______________________________ Project Name ___________________________ Current Price $ ______________________________________________ Current Expiry Date ________________________________________________
I/We hereby agree to the following changes with reference to the above listing: 1. Listing Extension: The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on ____________________________________________________________________________________________________, _________________
2.
Price Change: The asking price for the Property will be changed to $ ______________________________________________________________________ effective as of ________________________________________________________________________________________, ________________.
3.
Other Amendments (if any): ___________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________
Dated this _______________________day of ____________________________________________________________________, ___________________. __________________________________________________________________ Seller
_________________________________________________________
__________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
Seller _____________________________________________________________________________________
Address
Seller acknowledges receiving a copy of this Agreement
_____________________________________________________________________________________ September 2002
Calgary Real Estate Board Jan. 13/04 MEMBER’S SUPRA KEYHOLDER LEASE AGREEMENT THIS KEYHOLDER LEASE AGREEMENT (“Lease”) is entered into as of _______________20 ___, by and between Calgary Real Estate Board (“CREB”) and its Member (# __ __ __ __ __ __) herein referred to as (“Keyholder”) __________________________________________________ (please print name) and covering the following Equipment (together, the “Equipment”): DisplayKEY (Serial # _________________________________)
DisplayKey Cradle (Serial # _________________________________)
KEYHOLDER and CREB agree as follows: CREB hereby leases to Keyholder, and Keyholder hereby leases from CREB, the Equipment (which may be new or refurbished), under the terms and conditions below and on page 2 (“Other Terms and Conditions of the Lease”): 1. Term of Use: This Lease shall commence on the date set forth above and have a term (“Term”) until January 31, 2005, unless terminated earlier or extended pursuant to the provisions of this Lease. The Term shall automatically extend for successive additional one (1) year periods, ending January 31, 2010, unless (i) either party provides a written notice of non-extension at least sixty (60) days in advance of the then current Term or (ii) this Lease is terminated in accordance with Section 6 below. 2. Equipment Deposit: CREB hereby acknowledges ___ current or ___ previous receipt of the sum of $50.00 from the Member as an Equipment deposit (“Deposit”) to be held by CREB. In the event of violation of any provision of this Lease, the Deposit shall be forfeited to CREB. The Deposit shall be refunded, without interest, upon return of the Equipment to CREB prior to any breach of this Lease. 3.
Risk of Loss; Return of Equipment: a. No loss, damage or destruction to the Equipment shall relieve Keyholder of any obligation under this Lease, except to the extent any such loss, damage or destruction is directly caused by the negligence of CREB. The cost for replacing any Equipment that is lost, damaged or destroyed is forfeiture of the Keyholder’s $50.00 deposit, plus $175.00 for the DisplayKEY Cradle and $250.00 for the DisplayKEY. Replacements may be refurbished Equipment. If Equipment is lost, damaged or destroyed and not replaced, the cost to Keyholder is forfeiture of the Keyholder’s $50.00 deposit, plus $175.00 for the DisplayKEY Cradle plus an amount for the DisplayKEY equal to $400.00 if replaced in 2004; $350 in 2005; $300 in 2006; $250 in 2007, 2008, 2009 or 2010. b. At the expiration of the Term, Keyholder, at Keyholder’s expense and risk, shall immediately return or cause the return to CREB, all of the Equipment with all Software and any components included within the Service (as defined on page 2) that have been leased to Keyholder pursuant to this Lease. The Equipment and components used in connection with the Service shall be returned in good condition, repair and working order, ordinary wear and tear excepted. 4. Security of Equipment: By executing this Lease, Keyholder acknowledges that it is necessary to maintain the security of the Equipment and the personal identification number of each piece of Equipment, and of personal identification numbers, to prevent the use of the Equipment by unauthorized persons, and Keyholder agrees to use her or his best efforts to ensure the confidentiality and integrity of all components of the Equipment and its use. 5. Fees and Payments: During the term of this Lease, but excluding any part of the month of January and February, 2004, Keyholder agrees to pay to CREB a monthly fee (“Systems Fee”) of $20.00 (twenty dollars) plus applicable tax (presently G.S.T.), without setoff for any reason, for the lease and use of the Service both during the original Term and during renewals through to January 31, 2010, unless the Lease is earlier terminated as permitted in Section 6. Keyholder shall be billed by CREB each month, except for January and February, 2004, and payment is due in accordance with CREB policy for other invoiced charges to Members. 6.
Termination: a. Keyholder may terminate this Lease at any time by returning the Equipment to CREB and paying CREB any amounts owing prior to such termination, including (i) any applicable damages for the failure to return the Equipment as set forth in Section 3 (a) hereof and (ii) any Systems Fees owing prior to such termination which remain unpaid. b. Keyholder acknowledges that, in order to make the Service available to Keyholder, CREB and Supra Key Control Limited (“Supra”) entered into a Services and Administration Agreement (the “Services Agreement”) that provides, among other things, the terms under which Supra will provide the Service to CREB. CREB may terminate this Lease upon termination of its Services Agreement with Supra, for any reason, including without limitation, default by CREB under the Services Agreement or an upgrade of the Service by CREB. Upon termination, Keyholder shall be obligated to satisfy the obligations set forth above in Section 5. c. Any unused portion of any Systems Fee for use of the Service previously paid shall be forfeited by Keyholder and Keyholder shall not be entitled to a refund. 7. Indemnification: The Keyholder agrees to indemnify, defend and hold harmless CREB and/or Supra, and their respective directors, officers, agents, representatives, employees, successors and assigns, from and against any and all claims, demands, actions, losses, damages, injuries, obligations, liabilities and costs and expenses of every kind or nature (including reasonable attorneys’ fees, incurred by CREB and/or Supra as a result of damage or injury to premises or persons arising from the use, by the Keyholder or any other person, of the Equipment. _______________________________________________ (Keyholder’s Signature)
Public ID: _______________________________________
Brokerage Name:_______________________________
E-mail address:_______________________________________
_______________________________________________ (for Calgary Real Estate Board)
Date: _______________________________________
MEMBER’S SUPRA KEYHOLDER LEASE AGREEMENT Other Terms and Conditions of the Lease 1. In addition to the Equipment, CREB hereby grants to Keyholder (i) a limited non-exclusive, non-transferable sub-license to use the network, the use of which CREB licenses from Supra, which is necessary for the use and operation of the Equipment (the “Network”) for the Term (as defined in Section 1 on page 1) and (ii) a limited, non-exclusive, nontransferable license to use the Software CREB licenses from Supra (the “Software”) for the Term. The Equipment, Software and Network are collectively referred to herein as the “Service.” The Service is more fully described in the User’s Guide published by Supra, which will be provided to Keyholder and is incorporated herein by reference. Keyholder may have previously purchased keyboxes from CREB, which are not included in the definition of the Equipment. 2. Keyholder hereby acknowledges and agrees that the Network and Software are and shall at all times remain the property of Supra, and the Equipment remains the property of CREB. All additions, attachments, replacement parts and repairs to the Equipment, and any Replacements shall become part of the Equipment and shall, without further act, become the property of CREB. The Software and all applicable rights in patents, copyrights, trade secrets, and trademarks are and shall at all times remain the property of Supra. 3. Keyholder acknowledges and agrees that she or he must comply with the Rules and Regulations relating to the use of the Service which are set forth in the User’s Guide and with the Rules and Regulations of CREB.
1
4. Keyholder further acknowledges that neither the Service, nor any other Supra product or the Equipment used in connection with the Service, is a security system. 5. Keyholder acknowledges that, in order to make the Service available to Keyholder, Supra and CREB entered into a Services and Administration Agreement with a Start Date of January 26, 2004 (the “Services Agreement”), that provides, among other things, the terms under which Supra will provide the Service to CREB. Keyholder acknowledges that, if the Services Agreement is terminated for any reason during the Term of this Lease, the Service will no longer be available to Keyholder and this Lease will terminate. Keyholder further acknowledges and agrees that CREB may elect a different Service or choose to upgrade the Service at any time during the Term of this Lease, which may result in an increase of the Systems Fee (as defined in Section 5 on page 1) and/or the termination of this Lease. Except as the rights and obligations of Keyholder and CREB under this Lease may be affected as described in the two preceding sentences, the rights and obligations between Keyholder and CREB with respect to the Service are governed solely by the terms and conditions of this Lease. Keyholder acknowledges that failure of CREB to perform any of its respective obligations under the Services Agreement may detrimentally affect Keyholder’s use of the Service. 6. In the Services Agreement, Supra has reserved the right to discontinue any item of Equipment used in connection with the Service upon the provision of one (1) year prior written notice to CREB. If Supra discontinues any item of Equipment, the Equipment leased hereunder shall continue to be completely compatible with and shall function with the Service. If the Equipment leased hereunder is lost, destroyed or damaged, CREB may replace that Equipment with refurbished Equipment (“Replacement”) which shall be completely compatible with and shall function with the Service, and shall offer the same level of functionality as the Equipment currently offered. 7. Representation and Covenants by the Keyholder: a. That neither CREB nor Supra shall be liable for any compensatory, indirect, incidental, consequential, punitive, reliance or special damages, including, without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, arising out of the use or inability to use the Service for any purpose whatsoever whether or not Keyholder has been advised of the possibility of such damages. b. That Keyholder will not (i) use or gain access to the source code for the Software; (ii) alter, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble or prepare derivative works based upon the Software; or (iii) provide or otherwise make available the Software or any part or copies thereof to any third party. c. That Keyholder will provide CREB with written notice of any legal proceeding or arbitration in which Keyholder is named as a defendant and that alleges defects in the Equipment or KeyBoxes within ten (10) days after Keyholder receives written notice of such action. d. The obligations set forth in this Section shall survive termination of this Lease. 8. Default: a. Each of the following events shall be an Event of Default by Keyholder under this Lease: (i) Keyholder’s failure to pay, for any reason, any amount required under this Lease within fifteen (15) days after the date that such payment is due; or (ii) The commencement of either an involuntary or voluntary action under any bankruptcy, insolvency or other similar; provided, however, that the commencement of any involuntary case or proceeding will not be an Event of Default under this Lease if such case or proceeding is dismissed within sixty (60) days after it was commenced. b. An Event of Default by CREB under this Lease will occur upon the termination for any reason of its Services Agreement with Supra. 9. Rights and Remedies: a. Upon the occurrence of an Event of Default by Keyholder, CREB may, at its sole option and without limitation or election as to other remedies available under this Lease or at law or in equity, exercise one or more of the following remedies: (i) Terminate this Lease and demand the return of any Equipment to CREB; (ii) Terminate one or both of Keyholder’s sub-licenses to use the Network and to use the Software; (iii) Direct Supra to deactivate Keyholder’s access to the Service or any component of Service; (iv) Bill the Keyholder for any outstanding amounts owed under this Lease, including any applicable liquidated damages for the failure to return the Equipment; and/or (v) Take any and all actions necessary to collect all amounts currently due and owing under this Lease, including any and all costs and expenses of every kind or nature incurred by CREB in connection with the exercise of its rights and remedies under this Lease. b. Upon the occurrence of an Event of Default by CREB or termination of this Lease, all of Keyholder’s obligations under this Lease shall terminate, except that Keyholder shall be required to return the Equipment to CREB and to pay CREB any outstanding amounts owed under this Lease, including any applicable liquidated damages for the failure to return the Equipment. c. If CREB deactivates the Service because of a default by Keyholder under this Lease, but does not otherwise terminate this Lease, Keyholder will be entitled to seek to have the Service reactivated. In order to so, Keyholder shall be required to cure any and all existing defaults, and to pay any and all outstanding amounts owed under this Lease and the reasonable costs and attorneys’ fees incurred by CREB in connection with collecting under this Lease. After confirmation of the curing of such defaults and the receipt of payment of such amounts, CREB shall reactivate the Equipment within twenty-four (24) hours of the curing of default and receipt of payment. d. In the event that CREB institutes any action for the collection of amounts due and payable hereunder, Keyholder shall pay, in addition to the amounts due and payable under this Lease, all reasonable costs and attorneys fees incurred by CREB in connection with collecting under this Lease. Keyholder expressly waives all rights to possession or use of the Service or the Equipment or any component thereof after the occurrence of an Event of Default, and waives all claims or losses caused by or related to any repossession or termination of use. e. CREB’s failure or delay in exercising any right or remedy under this Lease shall not operate as a waiver thereof or of any subsequent breach or of such right or remedy. Keyholder understands that CREB’s rights and remedies are cumulative, not exclusive, and no exercise of any remedy shall preclude the exercise of another remedy. 10. Mediation/Arbitration; Litigation: Any controversy or claim arising out of or relating to this Lease shall be resolved by mediation, or failing successful mediation, then by binding arbitration in accordance with the rules of the Alberta Arbitration & Mediation Society or such other rules as may be agreed to by the parties. The substantially prevailing party in any arbitration under this Lease shall be entitled to recover from the other as part of the arbitration award reasonable costs and attorneys fees. Any arbitration award may be enforced by a court of competent jurisdiction in accordance with applicable Alberta law. In the event that legal action to enforce the arbitration award is necessary, the substantially prevailing party shall be entitled to recover its reasonable costs and attorneys fees in such action and in any appeals therefrom or reviews thereof. 11. Notices: All notices hereunder shall be sent by (i) hand-delivery, (ii) facsimile, (iii) certified mail, return receipt requested, postage prepaid, (iv) overnight delivery service, or (v) e-mail, to the party being noticed at the address on file at CREB for the Brokerage Name set forth in the signature block of this Lease, or for CREB at 300 Manning Road NE, Calgary, Alberta or to such other address as a party shall subsequently specify to the other party in writing. Notification to the Membership Department of CREB shall suffice for any Member of CREB. Notices shall be deemed to have been delivered when received; if hand-delivered or sent by facsimile or certified mail, three (3) days after the day deposited in the mail; or one (1) day after the day deposited with an overnight delivery service. 12. Warranty: Keyholder acknowledges that the Equipment is warranted by Supra, and not by CREB, against defects in workmanship and/or materials, The Equipment is warranted by Supra against defects in workmanship and/or materials, to be fit for its intended purpose and to conform in all material respects to its written specifications for the term of the Lease. Supra shall, without charge, repair or replace such defective or nonconforming component during the warranty period. Keyholder must return any defective system component under warranty to CREB at Keyholder’s sole cost and expense, and CREB shall provide a workable substitute piece of Equipment during the repair period. This warranty does not extend to any damage caused by accident, abuse, neglect or misuse of system components. Keyholder agrees to cooperate with CREB and Supra by performing diagnostic tests provided to Keyholder when Keyholder initially seeks warranty service. 13. General Provisions: a. This Lease constitutes the entire agreement between CREB and Keyholder relating to the lease of Equipment and use of the Service. b. Provided that Keyholder has returned to CREB all keys previously leased by CREB to Keyholder, all prior leases between CREB and Keyholder for such keys are hereby terminated effective as of the parties’ execution of this Lease. c. This Lease shall be effective and binding upon the parties hereto when fully executed by both parties. This Lease may be executed in a number of counterparts, each of which will be deemed an original and when taken together shall constitute one agreement. d. This Lease shall be amended or modified only by a written agreement signed by CREB and Keyholder. e. Any waiver or consent by any party to any breach by the other, whether express or implied, shall not constitute a consent to or waiver of any other or subsequent breach. f. All agreements, representations and warranties contained in this Lease shall survive the expiration or other termination of this Lease. g. If any provision of this Lease is unenforceable, such unenforceability shall not affect the enforceability of the remaining provisions of this Lease. h. This Lease shall be governed by the laws of the Province of Alberta. i. This Lease shall be binding upon and inure to the benefit of CREB, and its successors and assigns, and Keyholder and its permitted successors and assigns.
2
URBAN RESIDENTIAL PROPERTY DISCLOSURE STATEMENT Purpose of Statement This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. This disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the Buyer. Date of Disclosure: _______________________________________________________________________________________________ Seller’s Name: __________________________________________________________________________________________________ Property Address: ________________________________________________________________________________________________ The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 1.
Does the Property comply with the current government and municipal guidelines or constitute a lawful, non-conforming building?
Y
N
?
n/a
2.
To the best of your knowledge, are the exterior walls (above grade) insulated?
Y
N
?
n/a
3.
To the best of your knowledge, is the ceiling insulated?
Y
N
?
n/a
4.
To the best of your knowledge, are the basement walls insulated?
Y
N
?
n/a
5.
Is the basement a preserved wood foundation or concrete? ____________________________________ If preserved wood foundation, is an engineer’s certificate available?
Y
N
?
n/a
6.
Did you have a home inspection report completed when you purchased the Property? If yes, did it indicate any significant repairs needed that have not been done?
Y Y
N N
? ?
n/a n/a
7.
Do you have a real property report that reflects the current state of improvements to the Property? (e.g. detached garage, fences, decks, sheds, etc.)
Y
N
?
n/a
Does the real property report have a stamp of compliance? If yes, date __________________________
Y
N
?
n/a
Has the wood stove/fireplace insert been inspected and approved by local authorities?
Y
N
?
n/a
Are all items to be included in the transaction free and clear of all encumbrances?
Y
N
?
n/a
Y
N
?
n/a
11. Are you aware of any additions or alterations made without a required permit?
Y
N
?
n/a
12. Are you aware of any structural problems with the house and/or improvements?
Y
N
?
n/a
13. To the best of your knowledge, have any improvements ever contained asbestos?
Y
N
?
n/a
14. To the best of your knowledge, have any improvements ever contained urea formaldehyde insulation?
Y
N
?
n/a
15. Are you aware of any unregistered encroachments, easements or rights-of-way on this Property?
Y
N
?
n/a
16. Are you aware of any unregistered encroachments, easements or rights-of-way by your Property on neighbouring properties?
Y
N
?
n/a
17. Have you received any notice or claim affecting the Property from any person or entity?
Y
N
?
n/a
18. Have you received any insurance settlements where the work has not been done?
Y
N
?
n/a
19. Are you aware of any roof leakage or unrepaired damage? (age of roofing _______ years) Indicate type of roofing: ________________________________________________________________
Y
N
?
n/a
20. Are you aware of any problems with the heating/air conditioning/ventilation systems?
Y
N
?
n/a
21. Are you aware of any problems with the electrical system, switches or receptacles?
Y
N
?
n/a
22. Are there any extension cords stapled to baseboards or under carpets/rugs?
Y
N
?
n/a
23. Are there any hidden defects under the floor coverings or in the walls?
Y
N
?
n/a
24. Are you aware of any problems with the plumbing system?
Y
N
?
n/a
25. Are you aware of any problems with a jetted tub, hot tub and/or swimming pool?
Y
N
?
n/a
8. 9.
If no, list items _______________________________________________________________________ 10. Does the Property contain unauthorized accommodation? If yes, alter Listing and Purchase Contracts.
© May 2001/September 2002 The Alberta Real Estate Association
-2-
The Seller is responsible for the completion and accuracy of the answers on this form. The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable). 26. Are you aware of problems with any appliances or mechanical items to be included in this transaction?
Y
N
?
n/a
27. Are you aware of any moisture and/or water problems in the house or any other part of the Property?
Y
N
?
n/a
28. Are you aware of any past or present flooding or drainage problems on the Property?
Y
N
?
n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problem?
Y
N
?
n/a
30. Does the Property have any problems with retaining walls cracking or bulging?
Y
N
?
n/a
31. Are you aware of any damage due to weather, fire, water, insects or rodents?
Y
N
?
n/a
32. Other than those stated above, are you aware of any other latent (hidden) defects on the Property?
Y
N
?
n/a
33. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? If yes, has an environmental audit been completed? (if yes, attach copy)
Y Y
N N
? ?
n/a n/a
34. Are you aware of any fees for usage of parks, lakes, community centres, etc.? (amount $_____________)
Y
N
?
n/a
35. Is this Property of historical significance in the opinion of a government authority?
Y
N
?
n/a
36. Are there any conditional sales contracts or equipment leases? (e.g. water softener, alarm system) If yes, what is the payout? _____________________ Number of months remaining _______________
Y
N
?
n/a
Additional Comments and/or Explanations: (Use additional pages if necessary) ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Acknowledgement and Limitation of Statement The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any important changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day. The Seller acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers. Seller: _____________________________________________ Seller: ________________________________________________ The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its own inquiries. Buyer: _____________________________________________ Buyer: _______________________________________________ The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or guarantee the above information on the Property.
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