Contract of Purchase and Sale
Contract of Purchase and Sale
Contract of Purchase and Sale
________________________________________ ____________________________________
PROPERTY:
Address: ____________________________ Municipality: _______ PC: ________
SITE LOCATION:
The Buyer agrees to purchase the Unit and take an assignment of the existing agreement for rental of the Site Location
(“Site Tenancy Agreement”, and collectively with the Unit, the “Property”) from the Seller on the following terms and
subject to the following conditions:
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1. PURCHASE PRICE:
The purchase price of the Property will be $______________________ (Purchase Price)
_____________________________________________________________ DOLLARS.
2. DEPOSIT:
A deposit of $______ which will form part of the Purchase Price, will be paid on the following terms:
(1) _________________________________________________________________________
All monies paid pursuant to this section (Deposit) will be delivered in trust to
_______________________ and held in trust in accordance with the provisions of the Real Estate Act. In the event the
Buyer fails to pay the Deposit as required by this Contract, the Seller may, at the Seller’s option, terminate this Contract.
The party who receives the Deposit is authorized to pay all or any portion of the Deposit to the Buyer’s or Seller’s
conveyancer (the “Conveyancer”) without further written direction of the Buyer or Seller, provided that: (a) the
Conveyancer is a Lawyer or Notary: (b) such money is to be held in trust by the Conveyancer as stakeholder pursuant to
the provisions of the Real Estate Act pending the completion of the transaction and not on behalf of any of the principals
to the transaction; and (c) if the sales does not complete, the money should be returned to such party as stakeholder or paid
into Court.
EACH CONDITION, if so indicated, is for the sole benefit of the party indicated. Unless each condition is waived
or declared fulfilled by written notice given by the benefiting party to the other party on or before the date
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specified for each condition, this contract will be terminated thereupon and the Deposit returnable in accordance
with the Real Estate Act.
4. MANUFACTURED HOME PROVISIONS:
The Seller £ has disclosed £ shall provide within 48 hours of acceptance of this offer, the following
information (the “Seller’s Disclosure”) to the Buyer, and if disclosed after the Buyer signs this offer, the
Buyer shall have 48 hours from delivery to the Buyer to review and approved the Seller’s Disclosure, in
which case when reviewed and approved by the Buyer, the Seller’s Disclosure shall be incorporated
into and form part of this contract:
A. There £ is / £ is not a written Site Tenancy Agreement for the Site Location, and if there is, a
copy is attached / £ will be provided by the Seller to the Buyer within 48 hours of acceptance of
this offer; and
B. There £ are / £ are not written rules for the Manufactured Home Park (“Park Rules”), and if there
are, a copy £ is attached / £ will be provided by the Seller to the Buyer within 48 hours of
acceptance of this offer.
The Seller will comply with the Manufactured Home Park Tenancy Act and Regulations, including
providing the Buyer with a copy of each of the Site Tenancy Agreement (if written) and the Park Rules,
if any. The Seller represents that:
(i) The Seller is not now and will not at the Completion Date be in breach of the Site Tenancy Agreement,
(ii) That the Park Owner is not entitled to terminate the Site Tenancy Agreement, and
(iii) That the Park Owner has not given notice to terminate the Site Tenancy Agreement, and
(iv) There are no active dispute resolution applications or hearings before the Residential Tenancy branch
in respect of the Site Tenancy Agreement nor are there any grounds on which the Seller may
commence a dispute resolution proceeding. The Seller will comply at all times with the Site Tenancy
Agreement until the Buyer obtains possession at the Possession Date
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________________________________________________________________________________
________________________________________________________________________________
8. ADJUSTMENTS:
The Buyer will assume and pay all taxes, rates, local improvement assessments, fuel, utilities and other charges
from and including the date set for adjustments and all adjustments, both incoming and outgoing of whatsoever
nature will be made as of ____________, yr.______ (Adjustment Date).
9. INCLUDED ITEMS:
THE PURCHASE PRICE INCLUDES any buildings, improvements, fixtures, appurtenances and attachments
thereto and all blinds, awnings, screen doors and windows, curtain rods, tracks and valances, fixed mirrors, fixed
carpeting, electric, plumbing, heating and air conditioning fixtures and all appurtenances and attachments thereto
as viewed by the Buyer at the date of inspection, INCLUDING:
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of the mortgage proceeds pursuant to the Canadian Bar Association (BC Branch) (Real Property Section) standard
undertakings (the “CBA Standard Undertakings”).
16. CLEARING TITLE:
If the Seller has existing financial charges to be cleared from title, the Seller, while still
required to clear such charges, may wait to pay and discharge existing financial charges until immediately after
receipt of the Purchase Price, but in this event, the Seller agrees that payment of the Purchase Price shall be made
by the Buyer’s Lawyer or Notary to the Seller’s Lawyer or Notary, on the CBA Standard Undertakings to pay out
and discharge the financial charges, and remit the balance, if any, to the Seller.
17. COSTS:
The Buyer will bear all costs of the conveyance and if applicable, any costs related to arranging a mortgage and
the Seller will bear all costs of clearing title.
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18. RISK:
All buildings on the Property and all other items included in the purchase and sale will be and remain at the risk
of the Seller until 12:01 a.m. on the Completion Date. After that time, the Property and all included items will be
at the risk of the Buyer.
19. PLURAL:
In this Contract, any reference to a party includes that party’s heirs, executors, administrators, successors and
assigns; singular includes plural and masculine includes feminine.
20. REPRESENTATIONS AND WARRANTIES:
There are no representations, warranties, guarantees, promises or agreements other than those set out in this
Contract and the representations contained in the Property Disclosure Statement if incorporated into and forming
part of this Contract, all of which will survive the completion of the sale.
21. PERSONAL INFORMATION:
The Buyer and Seller hereby consent to the collection, use and disclosure by the Buyer’s and Seller’s Lawyers
and/or Notaries to their agents and employees, of personal information about the Buyer and Seller for all purposes
consistent with the transaction contemplated herein.
22. ACCEPTANCE IRREVOCABLE (Buyer and Seller):
The Seller and Buyer specifically confirm that this Contract of Purchase and Sale is executed under seal. It is
agreed and understood, that the Seller’s acceptance is irrevocable until after the date specified for the Buyer to
either;
A. fulfill or waive the terms and conditions herein contained; and /or
B. exercise any option(s) herein contained.
23. THIS IS A LEGAL DOCUMENT. READ THIS ENTIRE DOCUMENT BEFORE YOU SIGN.
24. OFFER:
This offer, or counter-offer, will be open for acceptance until ________ o'clock ____ on
______________________, yr. ______, and upon acceptance of the offer, or counter-offer, by accepting in
writing and notifying the other party of such acceptance there shall be a binding Contract of Purchase and Sale on
the terms and conditions set forth.
25. RECEIPT:
The Buyer’s lawyer hereby acknowledges receipt of the above mentioned Deposit.
___________________________________________
26. ACCEPTANCE:
The Seller hereby accepts the above offer and agrees to complete the sale upon the terms and conditions set out
above.
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Seller’s acceptance is dated ___________________ day of ____________________ yr. ___________.
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