Residential Form Of Offer To Purchase printable pdf download

RESIDENTIAL FORM OF OFFER TO PURCHASE

(This form of offer to purchase is prescribed under The Real Estate Brokers Act for the purchase of single family residential houses)

SELLING BROKER

LISTING BROKER

SELLING SALESPERSON

LISTING SALESPERSON

CONFIRMATION OF REPRESENTATION

In representing the parties in the negotiation for the purchase and sale of the Property:

The Selling Broker represents (check applicable statement):

The Listing Broker represents (check applicable statement):

____________ the Buyer and does not represent the Seller

____________ the Seller and does not represent the Buyer

____________ both parties with the consent of each

(Buyer’s initials) ________ (Selling Salesperson’s initials) ________

(Seller’s initials) _________ (Listing Salesperson’s initials) _________

To __________________________________________________________________________________________________________________(the “Seller”)

Seller’s address _________________________________________________________________________________________________________________

I/We________________________________________________________________________________________________________________ (the “Buyer”)

Buyer’s address _________________________________________________________________________________________________________________

offer to purchase, through the above named Broker(s), the Property upon the following terms:

SUBJECT MATTERS OF THIS OFFER

The Property (the “Property”) is the following described land and all structures and improvements thereon (insert civic address or legal description):

__________________________________________________________________________________________________________________________

(a)

There shall be included in or with the Property all fixtures and in particular all such electric light fixtures, heating and plumbing fixtures, T.V.

antennas, satellite dishes and receivers and all related hardware, fitted carpets, curtain rods, drapery tracks, screen and storm windows and doors

as are now on the Property, but excluding these fixtures:

(b)

All goods and chattels which are not fixtures shall be excluded excepting for the following which are included:

_____________________________________________________________________________________________________________________

PURCHASE AND SALE PRICE AND PAYMENT

(a)

The total purchase price to be paid by the Buyer to the Seller is $_______________________________________ payable as follows

(i) A deposit of

$ ____________

(ii) By assumption of existing mortgage(s) having a (aggregate) balance of principal and interest on the Possession Date.

(“Assumption of Mortgage(s) Schedule” must be attached) of

$ ____________

(iii) By net proceeds of a new mortgage to be arranged by the Buyer as follows:

term ____ years; annual interest rate not to exceed _____%; monthly payments excluding taxes not to exceed $________

$ ____________

(iv) By cash, certified cheque, bank draft or lawyer’s trust cheque on or before the Possession Date of

$ ____________

(v) Other

$ ____________

TOTAL PURCHASE PRICE $ ____________

(b)

If part of the purchase price is to be paid from the proceeds of a new mortgage, payment of that amount may be delayed by the time required for

registration of the mortgage to be completed by the Land Titles Office and reported to the mortgagee and, if so, that amount shall bear interest

payable to the Seller at the same rate as the new mortgage until paid. The Seller shall have a lien and charge against the Property for the unpaid

portion of the purchase price (with interest as aforementioned).

(c)

If the deposit is submitted by way of cheque or other payment instrument, it shall be made payable to the Listing Broker. If the deposit is submitted

in cash, it shall be deposited by the Broker receiving it. The deposit, howsoever paid, will be held by the Broker holding it as trustee for the Buyer

and same shall be returned to the Buyer without deduction, interest or other charge of any kind if this Offer is not accepted in accordance with its

terms.

(d)

After this Offer has been accepted by the Seller, the deposit shall be held by the Listing Broker in trust, and the deposit shall, subject to the terms

of this Offer, be paid or credited to the Seller as part of the purchase price when the Seller has carried out the Seller’s entire obligations under this

agreement.

POSSESSION

3. (a)

Possession shall be given by ________

on the ___________ day of ______________________ , 20_______ (the “Possession Date”);

(b)

Unless otherwise agreed to, such possession shall mean vacant of any persons occupying the Property and with all fixtures and goods and

chattels not included in this transaction removed from the Property.

SELLER’S PROMISES AS TO THE STATUS OF THE PROPERTY

4. The Seller promises that:

(a)

at the time of possession:

(i)

the Property will be free from all encroachments by adjoining structures and improvements except:

__________________________________________________________________________________________________________________

(ii) The structures and improvements on the land will not encroach beyond the limits of the land or on any public utility right-of-way, except:

__________________________________________________________________________________________________________________

(iii) unless otherwise specified in this Offer, the Property and all included items will be in substantially the same condition they were in at the date

of this Offer:

Buyer’s initials __________

Seller’s initials __________

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PRINTED BY THE MANITOBA REAL ESTATE ASSOCIATION - April 2013

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Aug/2013