Real Estate Clauses For Purchase & Sale Contract in BC Canada

by Richard Morrison
January 5, 2020
Buying
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Navigating the labyrinth of real estate contracts in BC, Canada can seem daunting. With special clauses and terms varying widely, understanding purchase agreements is vital for a smooth transaction.

This blog post will empower you with comprehensive knowledge about key contract elements, including common terms and aspects unique to Canadian transactions. Ready to decode your real estate contract? Dive in!

Table of Contents show

Key Takeaways

The Contract of Purchase and Sale in BC outlines the rights, obligations, key dates, property description, and risk of damage passage for both buyers and sellers.
Key dates in a real estate transaction in BC include contract signing day, cooling-off period, home inspection order, financing approval deadline, subject removal date, completion date, possession date, and adjustment date.
A comprehensive property description is essential in a contract of purchase and sale to ensure both parties’ rights and obligations align fairly.
Foreign buyers must adhere to specific regulations when purchasing residential property in BC Canada. “For sale by owner” (FSBO) sellers should be aware of legal obligations even without professional representation.

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Understanding the Contract of Purchase and Sale

The Contract of Purchase and Sale in BC outlines the rights, obligations, key dates, property description, and risk of damage passage for both buyers and sellers.

Rights and Obligations

In the realm of real estate transactions in BC, Canada, both buyers and sellers are bestowed with specific rights and obligations as outlined in the contract of purchase and sale. As a buyer, you have the right to ensure that your intended property is free from encroachments or any egregious property boundary issues; this includes gaining assurance about the absence of material latent defects – often accomplished through a comprehensive home inspection.

On top of being able to cancel an offer within 24 hours or during a 10-day recission period, you’re also protected by various clauses such as “subject to financing,” “subject to legal review,” and more.

On the other hand, sellers bear obligations tied to commission protections—with commissions typically not paid on Goods and Services Tax (GST) portion for new builds—and providing requisite details like new home warranties for newly built or substantially renovated homes.

Simultaneously, their rights encompass receiving deposit transfers along with contractual assurances like removal of garbage before possession date.

Key Dates in the Process

In the BC real estate world, knowing key dates in the process of a property purchase or sale can save you from unnecessary stress and penalties. Here is a breakdown:

Contract Signing Day – This is when both buyer and seller agree to terms and sign the contract of purchase and sale. This legally binding document lays out conditions, price, and other details about the transaction.
Cooling-Off Period – In BC, there is usually a 3-day cooling-off period for newly constructed properties per Pre-sale contract regulations.
Home Inspection Order – Ideally, this should occur immediately after signing if not stipulated in contract conditions.
Financing Approval Deadline – Usually set by mortgage lenders within a few days to one week after contract signing.
“Subject Removal” Date – The buyer has until this date to remove all subjects (conditions) on a subject-to offer (e.g., Subject To Financing clause).
Completion Date – The day ownership officially transfers from seller to buyer done through legal transfer documents sent between real estate lawyers or notaries.
Possession Date – Typically occurs one to three days after completion, this is when the new owner can collect keys and move into the property.
Adjustment Date – The day everything from taxes to utilities are prorated between previous owner (seller) and new property owner (buyer).

Property Description

In the realm of real estate transactions in British Columbia, Canada, one vital element is the Property Description. A comprehensive and accurate property description is a fundamental part of any contract of purchase and sale.

It specifies essential details about the property that you’re buying or selling; this includes information such as its legal name, physical address, lot size, zoning by-laws applicable to it and every structure on it like a house or garage.

Highly detailed descriptions encompass finer points like window treatments or necessary roof replacements needed. Buyers should bear in mind that if there’s a difference between what’s represented in words versus what they see during home inspections – known as ‘home deficiencies’, they need to raise these issues before completing their home purchase through their realtor or contact with BC Real Estate Association authorities for professional advice.

Risk of Damage Passage

During the process of a real estate transaction in BC, Canada, it is essential to understand the concept of risk of damage passage. This refers to the point at which the responsibility for any potential damage or loss to the property during the buying and selling process shifts from the seller to the buyer.

In most cases, this transfer occurs on completion day when legal ownership is transferred to the buyer. It means that any damage or loss incurred after this point becomes the buyer’s responsibility.

Therefore, it is crucial for both buyers and sellers to ensure that they have appropriate insurance coverage in place during this transition period to protect themselves against any unforeseen circumstances.

Comprehensive Overview of the Contract of Purchase and Sale in BC

A comprehensive overview of the contract of purchase and sale in BC provides buyers and sellers with a clear understanding of their rights, obligations, and key dates throughout the process.

It is important to note that foreign buyers must adhere to specific regulations in order to ensure the housing market remains accessible for Canadians. The non-Canadians act prohibits the purchase of residential property by non-Canadians, protecting local buyers.

For those considering a “for sale by owner” (FSBO) property, it’s crucial to be aware of the commission agreement. In this case, the buyer pays a fee directly to their brokerage. Additionally, there is a 7 day rescission period allowing purchasers to withdraw from a presale agreement within this timeframe without any liability under the Condominium Property Act.

Preparing to Make an Offer: What You Need to Know

Before diving into the home buying process, it’s crucial to be well-prepared. Here are some key things you need to know before making an offer on a property in BC, Canada:

Understand your budget: Determine your financial capacity and get pre-approved for a mortgage. This will give you a clear idea of how much you can afford to spend on a property.
Research the market: Familiarize yourself with the current real estate market conditions in BC. Look at comparable sales in the area where you’re interested in buying to gauge the property’s fair market value.
Hire a knowledgeable real estate agent: Working with an experienced realtor can make a significant difference when it comes to finding the right property, negotiating terms, and navigating the entire buying process.
Inspect the property: Prioritize getting a professional home inspection done. This will help identify any potential issues or hidden problems with the property that may impact your decision-making.
Review all documentation: Carefully review all documents related to the property, including title search reports, strata bylaws (if applicable), and any disclosure statements provided by the seller. Make sure you fully understand what you’re getting into.
Be aware of subject clauses: Consider including subject clauses in your offer to protect your interests. These could include financing conditions, satisfactory home inspections, or obtaining legal advice regarding specific aspects of the contract.
Consider additional costs: Apart from the purchase price, factor in additional costs such as closing costs (e.g., legal fees, land transfer taxes), ongoing maintenance expenses, and potential renovations or upgrades required for the property.

Common Terms in Real Estate Contracts in BC Canada

Foreign Buyers: In BC Canada, there are regulations in place to ensure that the housing market remains accessible to Canadians. The Non-Canadians Act prohibits the purchase of residential property by non-Canadians.

Foreign Buyers

Foreign buyers purchasing property in BC, Canada need to be aware of specific terms and regulations that may affect their real estate transactions. For instance, foreign buyers should take into account the Goods and Services Tax (GST) and Property Transfer Tax when buying property.

Additionally, under the Income Tax Act, foreign sellers may be subject to a holdback of a portion of the sale price. It is crucial for both foreign buyers and sellers to draft a proper contract of purchase and sale that ensures their interests are protected throughout the process.

For Sale By Owner

Selling a property can be a complex process, but some homeowners opt to handle it themselves instead of enlisting the services of a real estate agent. This is known as “For Sale By Owner” or FSBO.

When selling FSBO, the homeowner takes on all responsibilities related to marketing, negotiating, and completing the sale without professional representation. While this approach may save money on commissions, it requires thorough knowledge of local real estate laws and regulations.

10 Day Recission Period

In British Columbia, Canada, real estate contracts include a 10-day rescission period. This means that after receiving all the necessary information and documents related to the property, buyers have a 10-day window to reconsider their decision without any penalties or liability.

During this time, buyers can conduct further due diligence such as property inspections or seeking legal advice. The rescission period helps protect the interests of purchasers and ensures transparency in real estate transactions.

It’s crucial for both buyers and sellers to be aware of this provision and understand its implications in BC Canada.

Commission Not Paid on GST

The commission paid to the buyer’s realtor in a real estate transaction typically does not include the Goods and Services Tax (GST) portion of a new build property. This means that when calculating the commission, agents do not take into account the GST amount.

It’s important for both buyers and sellers to be aware of this fact, as it can impact the overall cost of the transaction. For foreign buyers or non-residents who may already be subject to additional taxes and fees, understanding this aspect of real estate commissions is crucial in order to accurately budget for their purchase.

Warranty to Be Provided

The “Warranty to Be Provided” clause is an essential component of real estate contracts in BC Canada. It outlines the responsibility of the seller to provide a warranty for the property being sold.

This warranty ensures that the property is free from any defects or issues that could affect its value or usability. It also provides protection for the buyer in case any problems arise after the purchase is made.

The specific details and terms of the warranty will vary depending on the contract, but it typically covers major systems and components of the home, such as plumbing, electrical, and heating.

Alarm System

One important aspect to consider when entering into a real estate contract in BC, Canada is the presence of an alarm system. In many cases, the home being purchased may already have an existing alarm system installed.

It’s crucial for both the buyer and seller to clearly outline what will happen with this system during the transaction process. The responsibility for any fees or transfer costs associated with the alarm system should be addressed in the contract.

Additionally, it’s important to determine if there are any warranties or guarantees attached to the alarm system and how these will be transferred to the new owner.

Back-up offer

In the world of real estate, a back-up offer refers to when a buyer submits an offer on a property that is already under contract with another buyer. This can happen if the initial deal falls through or if the seller wants to have a backup option in case the first deal doesn’t go as planned.

The back-up offer becomes valid only if the primary offer falls through, giving the second buyer a chance to step in and purchase the property. It’s important for buyers interested in making a back-up offer to understand that their position isn’t guaranteed, but it can be a smart move to make in competitive markets where multiple offers are common.

Special Clauses and Terms

Special clauses and terms, such as the 24-hour clause for buyers to pursue an alternate property before removing the subject-to-sell condition, escalation clauses, estate sales/probate terms, financing conditions, GST considerations, heritage property stipulations, holdbacks, insurance requirements, land use and permit conditions, and title insurance provisions are important aspects of real estate contracts in BC.

24 Hour Clause (Buyer Side)

The inclusion of the 24 Hour Clause (Buyer Side) in real estate contracts in BC, Canada is crucial for buyers. This clause allows buyers to protect their interests by giving them the option to rescind their offer within 24 hours before the removal of the subject-to-sell condition.

Escalation Clause

An escalation clause is an important component of a real estate contract in BC, Canada. It allows buyers to automatically increase their offer if they are competing with other potential buyers.

With this clause, the buyer specifies the maximum amount they are willing to pay for the property and agrees to exceed any higher offers by a predetermined increment. This helps buyers stay competitive in a hot market without having to constantly renegotiate their offer.

For example, if another buyer submits an offer of $500,000 on a property with an escalation clause set at $1,000 increments up to $550,000, the original buyer’s offer would automatically be raised to $501,000.

Estate Sale / Probate

In the world of real estate, dealing with an estate sale or probate can come with its own set of unique challenges. When a property is part of an estate sale or probate, it means that the owner has passed away and their property is being sold as part of their estate.

This process requires careful attention to legal details and timelines, as well as sensitivity towards the family members involved.

One important aspect to keep in mind when dealing with an estate sale or probate is that the seller’s representative will usually require additional documentation before proceeding with the transaction.

Financing Condition Terms

Financing condition terms are an essential aspect of real estate contracts in BC, Canada. These terms protect buyers by allowing them to secure suitable financing before committing to the purchase of a property.

It is mandatory for buyers to include a financing condition clause in their offer, which provides them with a specific time frame to obtain mortgage approval from a lender.

Goods and Services Tax (GST)

The Goods and Services Tax (GST) is an important consideration in real estate transactions in BC, Canada. When purchasing a new build property, buyer realtors‘ commissions are typically not paid on the GST portion of the sale.

It’s crucial to include this information in the private remarks on the MLS to ensure transparency for potential buyers. Additionally, it’s worth noting that if the price of a residential unit is less than $450,000 and the purchaser or their immediate family resides in the unit as their principal residence, they may be eligible for a GST rebate assignment to the vendor.

As part of their due diligence, buyers should understand how GST impacts their purchase and consult with professionals for more detailed information specific to their situation.

Heritage Property

Heritage properties hold a unique charm and historical significance, making them highly sought-after by homebuyers in BC, Canada. These properties are protected under heritage conservation laws to preserve their architectural or cultural value.

When purchasing a heritage property, it is crucial to conduct thorough research about its status and any restrictions imposed by local authorities. The obligations of the buyer may involve adhering to specific guidelines for renovations or alterations in order to maintain the property’s authenticity.

Holdback

In real estate transactions in BC, Canada, a holdback is a common term that refers to the amount of money withheld from the sale price by the buyer or seller until certain conditions are met.

This ensures that both parties fulfill their obligations and protects against any potential issues that may arise during or after the transaction.

One important reason for using a holdback is when dealing with non-resident sellers. Under the Income Tax Act in BC, Canada, these sellers may be subject to a holdback of a portion of the sale price as an obligation towards potential capital gains taxes.

By holding back this amount, it provides security for the buyer in case there are any outstanding tax liabilities associated with the property.

Another situation where a holdback comes into play is when there is uncertainty or concern regarding potential environmental issues on the property. For example, if there are underground oil or fuel tanks present, addressing this in the contract and implementing a holdback gives both parties time to investigate and ensure proper remediation if necessary.

Insurance

Insurance is an important aspect of real estate transactions in BC, Canada. When buying or selling a property, it is crucial to consider various insurance clauses and terms to protect yourself from potential risks.

These may include requirements for alarm systems, warranties on new homes, holdbacks for repairs needed after the sale, and title insurance to safeguard against any unforeseen issues with property ownership or boundary disputes.

Additionally, it’s essential to understand that buyers’ realtor commissions do not cover the Goods and Services Tax (GST) portion of a new build, so this should be clearly stated in the private remarks on the MLS.

Land Use

Land use is a crucial aspect to consider when it comes to real estate contracts in BC, Canada. It refers to the specific purpose for which a particular piece of land can be used or developed.

Understanding the allowed land use is essential for both buyers and sellers as it directly impacts the value, potential development opportunities, and future plans for the property. Buyers need to ensure that their intended use aligns with the zoning regulations to avoid any legal issues or complications down the road.

On the other hand, sellers must accurately disclose any restrictions or limitations on land use to potential buyers. This information plays a significant role in informed decision-making during real estate transactions and helps prevent unforeseen challenges related to possible disputes or non-compliance with local laws and regulations.

Permits

Obtaining permits is an essential part of the real estate contract process in British Columbia, Canada. As a property owner or buyer, it is crucial to understand the importance of permits and their role in ensuring compliance with local building codes and regulations.

Permits are necessary when making any significant modifications or additions to a property, such as renovating, building an extension, or installing certain systems like plumbing or electrical work.

Failure to obtain the required permits can result in penalties and legal complications down the line. It’s worth noting that different municipalities may have specific permit requirements and processes, so it’s important to consult with local authorities or seek professional advice for accurate information regarding permits for your specific area of interest within BC province.

Title Insurance

Title insurance is an essential component of a real estate contract in BC, Canada. It provides protection to both the buyer and the lender against any defects or issues with the property’s title that may arise after purchase.

This type of insurance ensures that the buyer is protected from any unforeseen claims or liens on the property that could potentially affect their ownership rights.

In BC, it’s important to include a clause in the contract stating that the purchase price is inclusive of Goods and Services Tax (GST), if applicable. Additionally, non-resident sellers may be subject to a holdback of a portion of the sale price under the Income Tax Act, so addressing this issue in the contract is crucial for both parties.

Another significant consideration is whether there are underground oil or fuel tanks on the property. To avoid potential issues, it’s advisable to include a warranty stating that no such tanks exist and consider including an inspection condition if necessary.

The Role of a Holdback in Real Estate Transactions

The holdback clause plays a crucial role in real estate transactions, particularly in BC, Canada. It is an important provision included in the standard purchase contract to safeguard both the buyer and seller’s interests.

The purpose of this clause is to ensure that the seller remains responsible for any damage or loss to the property until the completion date.

Once all conditions of the purchase agreement are satisfied, including financing and inspection contingencies, the completion date marks when ownership of the property officially transfers from seller to buyer.

Until then, it is vital for sellers to maintain insurance coverage on their property.

In order to protect themselves against potential risks, buyers are advised to purchase “all risk” home insurance starting from the completion date. This means that any damages or losses occurring during this period will be covered by their insurance policy rather than falling solely on them as new homeowners.

The holdback clause serves as part of the seller’s responsibility to deliver title “free and clear” of most encumbrances. By incorporating this provision into real estate contracts in BC, it ensures that both parties have peace of mind during what can be a complex transaction process.

Subject to Clauses in Real Estate Purchase

Subject to clauses play a crucial role in real estate purchases, allowing buyers to include specific conditions that must be met before the sale is finalized.

Understanding the “Subject to Financing” Clause

One crucial aspect of real estate contracts in British Columbia, Canada is the “Subject to Financing” clause. This clause allows buyers to secure their purchase contingent upon obtaining suitable financing for the property.

It provides a measure of protection for buyers who may not be able to proceed with the purchase if they are unable to secure a mortgage or loan that meets their specific requirements. The financing condition terms include factors such as the desired mortgage amount, interest rate, term, and monthly payment.

By including this clause in the contract, both buyers and sellers can ensure that all parties involved have a clear understanding of the financial obligations before proceeding with the transaction.

Another important consideration regarding real estate transactions in BC is that non-resident sellers may be subject to a holdback of a portion of the sale price under certain circumstances regulated by the Income Tax Act.

Subject to Inspection

In real estate contracts in BC, Canada, it is common to include a “Subject to Inspection” clause. This clause allows the buyer to have the property inspected by a professional before finalizing the purchase.

It ensures that the buyer has an opportunity to identify any issues or deficiencies with the property and negotiate repairs or price adjustments if necessary. It’s important for buyers to exercise their right to inspect as it can uncover potential problems that may not be visible during a casual viewing.

By including this clause in the contract, buyers can protect themselves from unexpected expenses and make informed decisions about their investment. Remember, arranging for an inspection is a crucial step when buying a home in BC!

Subject to Legal Review

The “Subject to Legal Review” clause is an essential part of a real estate contract in British Columbia, Canada. This clause gives the buyer the right to have their lawyer review the contract before it becomes binding.

It allows the buyer’s lawyer to ensure that all legal aspects of the transaction are in order and protect the buyer’s interests. The clause also provides an opportunity for any necessary changes or amendments to be made based on legal advice.

By including this provision, buyers can feel confident knowing that they have sought professional guidance and have a thorough understanding of their contractual obligations and rights. Overall, subjecting a contract to legal review is crucial for ensuring a smooth and legally sound real estate transaction process in BC, Canada.

Subject to Survey

The “Subject to Survey” clause is an essential part of real estate contracts in BC, Canada. This clause allows the buyer to make their offer contingent upon a satisfactory survey or inspection of the property boundaries.

It ensures that the buyer can verify the accuracy and validity of the land measurements and boundaries before finalizing the purchase. By including this clause, buyers can protect themselves from any potential issues or disputes regarding property lines or encroachments.

It’s crucial to have a professional survey conducted to ensure that there are no surprises after closing. So, whether you’re buying or selling a property in BC, make sure to consider including the “Subject to Survey” clause for added peace of mind and legal protection during your real estate transaction.

Subject to Appraisal

The “Subject to Appraisal” clause is an important aspect of real estate contracts in BC, Canada. This clause allows the buyer to include a condition that the property must be appraised by a licensed appraiser before the sale can be finalized.

The purpose of this clause is to ensure that the property’s value matches or exceeds the agreed-upon purchase price. If the appraisal comes back lower than expected, it gives the buyer an opportunity to renegotiate the price or even withdraw from the transaction entirely.

Understanding the Promise to the Buyer and Seller

The promise to the buyer and seller in a real estate contract is a crucial aspect of the transaction. It outlines what is included in the sale, what the buyer promises to the seller, and emphasizes the importance of a deposit when making an offer on a house.

What’s Included in the Sale

The items that are included in the sale of a property can vary, but typically they encompass fixtures and fittings that are permanently attached to the home. This may include things like light fixtures, built-in appliances, window coverings, and even outdoor structures like sheds or pool equipment.

What the Buyer Promises to the Seller

The buyer, in a real estate transaction, makes several promises to the seller that are crucial for ensuring a smooth and successful deal. Firstly, the buyer promises to pay the agreed-upon purchase price for the property.

This includes any applicable taxes such as Goods and Services Tax (GST) or Property Transfer Tax in BC. Secondly, the buyer assures the seller that they will complete all necessary steps required by law and provide any requested documents or information promptly.

The Importance of a Deposit on a House Offer

In the world of real estate, a house offer without a deposit may hold little weight. When making an offer on a property, including a substantial deposit shows the seller that you are serious and committed to the purchase.

A deposit serves as a financial guarantee for the seller, assuring them that you have skin in the game and are less likely to back out of the deal. In British Columbia (BC), it is common practice for deposits to be held in trust by either the listing brokerage or a lawyer until closing.

The amount of your deposit can vary depending on factors such as market conditions and negotiations with the seller, but typically ranges from 5% to 10% of the purchase price. Making a significant deposit not only strengthens your offer but also demonstrates your financial stability and dedication to moving forward with the transaction.

Conclusion

In conclusion, understanding the real estate clauses for contracts in BC Canada is crucial for both buyers and sellers. These special terms and conditions can protect your rights, address specific needs or concerns, and ensure a smooth transaction process.

So whether you’re buying or selling a property in BC Canada, make sure to consider these important clauses to safeguard your interests.

Ready to turn your real estate dreams into reality? Contact Richard Morrison, Vancouver’s top realtor with 20+ years of experience. As a Medallion Club member and RE/MAX Hall of Fame award winning agent, he’s the expert you need on your side. Whether buying, selling, or investing, Richard’s personalized approach and deep market insights ensure a successful transaction. Reach out to Richard today at (778) 900-2235 and make your real estate journey seamless and rewarding.

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