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Special Sales Contract (Real Estate) for Canada

Special Sales Contract (Real Estate) Template for Canada

A comprehensive legal document governed by Canadian federal and provincial laws that facilitates the sale and purchase of real estate property. This contract outlines all essential terms and conditions of the property transaction, including property details, purchase price, payment terms, closing conditions, and obligations of all parties involved. It incorporates relevant provisions from Canadian real estate legislation, property law, and consumer protection regulations, while ensuring compliance with provincial-specific requirements for property transfers and registrations.

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Special Sales Contract (Real Estate)

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What is a Special Sales Contract (Real Estate)?

The Special Sales Contract (Real Estate) is a fundamental legal instrument used in Canadian real estate transactions to formalize property transfers between parties. This document is essential when specific or unique conditions apply to the property sale, such as development potential, heritage status, or environmental considerations. It includes comprehensive details about the property, purchase terms, conditions precedent, representations and warranties, and closing procedures, all while ensuring compliance with federal and provincial real estate regulations. The contract is particularly important for complex real estate transactions where standard form agreements may not sufficiently address all aspects of the deal. It provides additional protection to both parties by clearly outlining all terms and conditions specific to the transaction, including any special considerations or requirements unique to the property or the parties involved.

What sections should be included in a Special Sales Contract (Real Estate)?

1. Parties: Identification of the vendor and purchaser, including full legal names and addresses

2. Background: Context of the transaction and brief property description

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed legal description of the property and included fixtures/chattels

5. Purchase Price: Statement of purchase price, deposit requirements, and payment terms

6. Closing Date: Specified date for completion of the transaction

7. Title and Ownership: Warranties regarding clear title and ownership transfer conditions

8. Conditions Precedent: Conditions that must be satisfied before the agreement becomes binding

9. Representations and Warranties: Statements of fact by both parties regarding the property and their capacity to enter into the agreement

10. Closing Procedures: Steps to be taken on closing, including documentation and payments

11. Property Inspection: Rights and procedures for property inspection

12. Risk and Insurance: Allocation of risk and insurance requirements until closing

13. Default and Remedies: Consequences of breach and available remedies

14. Notices: How formal communications between parties should be made

15. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Special Sales Contract (Real Estate)?

1. Financing Conditions: Used when purchase is contingent on buyer obtaining financing

2. Tenant Rights: Required when property is sold with existing tenants

3. Property Management: Needed for transition of property management services if applicable

4. Environmental Conditions: Required when environmental issues or assessments are relevant

5. Development Conditions: Used when property has development potential or restrictions

6. Foreign Buyer Provisions: Required when purchaser is a non-resident of Canada

7. GST/HST Provisions: Required for new properties or commercial properties subject to GST/HST

8. Condominium Provisions: Required when property is a condominium unit

9. Agricultural Land Provisions: Required when property is on agricultural land

10. Heritage Property Provisions: Required when property has heritage designation

What schedules should be included in a Special Sales Contract (Real Estate)?

1. Schedule A - Property Details: Detailed description of property including legal description, PID, and included items

2. Schedule B - Purchase Price Allocation: Breakdown of purchase price including chattels and fixtures

3. Schedule C - Permitted Encumbrances: List of accepted liens, easements, and encumbrances

4. Schedule D - Property Disclosure Statement: Vendor's disclosure of property condition and known issues

5. Schedule E - Environmental Reports: Environmental assessment results if applicable

6. Schedule F - Site Plans: Property plans, surveys, and drawings

7. Schedule G - Existing Tenancies: Details of current lease agreements if applicable

8. Appendix 1 - Property Photographs: Recent photographs of property and significant features

9. Appendix 2 - Title Search Results: Current title search showing registered interests

10. Appendix 3 - Building Inspection Report: Professional inspection findings and recommendations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions





















































Clauses








































Relevant Industries

Real Estate

Commercial Property

Residential Property

Legal Services

Financial Services

Property Development

Construction

Agriculture (for farmland)

Retail

Hospitality

Healthcare

Education

Industrial

Warehousing

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Asset Management

Operations

Finance

Investment

Acquisitions

Due Diligence

Contract Administration

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Real Estate Broker

Commercial Property Manager

Legal Counsel

Compliance Officer

Real Estate Development Manager

Asset Manager

Investment Manager

Property Acquisitions Manager

Risk Manager

Contract Administrator

Real Estate Analyst

Title Examiner

Real Estate Operations Director

Real Estate Portfolio Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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