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Contract to Sell
I need a contract to sell a residential property in Ontario, including terms for a conditional sale based on the buyer securing financing within 30 days, a deposit of 5% of the purchase price, and a closing date set for 60 days from the acceptance of the offer.
What is a Contract to Sell?
A Contract to Sell is a binding agreement where a seller promises to transfer ownership of property to a buyer at a future date, once specific conditions are met. Unlike an immediate sale, this contract creates a commitment to sell without transferring title right away - common in Canadian real estate transactions and large equipment purchases.
Under Canadian common law, this arrangement gives buyers a clear legal right to acquire the property once they fulfill their obligations, typically full payment or mortgage approval. The seller must maintain the property and can't offer it to other buyers during this period, making it different from a regular purchase option or mere sales quotation.
When should you use a Contract to Sell?
Use a Contract to Sell when you need to secure a future property transaction while important conditions still need to be met. This agreement works perfectly for real estate deals where buyers await mortgage approval, or business purchases requiring specific financing or regulatory clearances under Canadian law.
This contract proves especially valuable in competitive markets where sellers want commitment from serious buyers, and buyers need guaranteed access to the property once they meet the conditions. It's particularly useful for commercial property deals, custom-built homes, or specialized equipment sales where both parties need time to arrange their affairs before completing the transfer.
What are the different types of Contract to Sell?
- Agreement To Sell A House: Tailored for residential property sales with detailed terms for home inspections, financing conditions, and closing dates
- Residential Contract Of Sale: Comprehensive version covering all aspects of home ownership transfer, including fixtures, warranties, and maintenance obligations
- Private Sale Contract For Car: Simplified agreement for private vehicle sales, focusing on vehicle condition disclosure and payment terms
- Second Hand Car Sale Contract: Specialized for used vehicle transfers with detailed mechanical condition clauses and warranty disclaimers
- Deed Of Sale Agreement: General-purpose contract for any property transfer, adaptable for both commercial and personal transactions
Who should typically use a Contract to Sell?
- Property Sellers: Individuals or companies selling real estate, vehicles, or business assets who want to secure a future sale while conditions are being met
- Buyers: Parties who need time to arrange financing, complete due diligence, or meet other conditions before taking ownership
- Real Estate Agents: Professionals who draft and facilitate these contracts for residential and commercial property transactions
- Legal Counsel: Lawyers who review, customize, and ensure the contract meets Canadian legal requirements and protects their clients' interests
- Financial Institutions: Banks and lenders who often require these contracts as part of mortgage or financing approval processes
How do you write a Contract to Sell?
- Property Details: Gather complete descriptions, including address, specifications, or serial numbers for the item being sold
- Party Information: Collect legal names, addresses, and contact details for all buyers and sellers
- Price Structure: Document the full purchase price, deposit amount, and payment terms or financing conditions
- Timeline Planning: Set clear dates for conditions to be met, deposits paid, and final closing
- Specific Conditions: List all requirements like inspections, financing approval, or regulatory clearances
- Documentation Review: Use our platform to generate a legally compliant contract that includes all essential elements for Canadian jurisdictions
What should be included in a Contract to Sell?
- Party Identification: Full legal names and addresses of all buyers, sellers, and authorized representatives
- Property Description: Detailed specifications of what's being sold, including all relevant identifying features
- Purchase Terms: Clear statement of price, payment schedule, and deposit requirements
- Conditions Precedent: Specific requirements that must be met before sale completion
- Time Frames: Explicit deadlines for meeting conditions and closing the sale
- Risk Transfer: When and how property responsibility shifts from seller to buyer
- Default Provisions: Consequences and remedies if either party fails to perform
- Governing Law: Specification that Canadian provincial law applies to the agreement
What's the difference between a Contract to Sell and a Real Estate Sale Contract?
A Contract to Sell differs significantly from a Real Estate Sale Contract in several key aspects. While both documents deal with property transfers, they serve distinct legal purposes under Canadian law and are used at different stages of a transaction.
- Timing of Transfer: A Contract to Sell creates a future obligation to transfer ownership once conditions are met, while a Real Estate Sale Contract executes an immediate transfer of property rights
- Property Rights: Under a Contract to Sell, the seller retains full ownership until closing, whereas a Real Estate Sale Contract immediately transfers title and possession
- Conditions: Contracts to Sell typically include more contingencies and future requirements, making them ideal for complex transactions requiring financing or approvals
- Legal Remedies: A Contract to Sell offers specific performance as the main remedy, while a Real Estate Sale Contract provides immediate ownership rights and different enforcement options
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