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An Agreement of Purchase and Sale is the binding contract between a Buyer and a Seller for the purchase and sale of a residential freehold property. Our free Canadian template is a clean private-sale (FSBO) alternative drafted from first principles for use in Ontario, British Columbia, Alberta and the other common-law provinces. This is NOT the OREA Form 100 (which is proprietary to the Ontario Real Estate Association and available only to licensed REALTORS®) — it is an independently drafted template that satisfies the provincial Statute of Frauds writing requirement, the provincial Land Titles regime and the standard conveyancing process.
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An Agreement of Purchase and Sale (APS) is the binding written contract between a Buyer and a Seller for the purchase and sale of real property. It must be in writing under the provincial Statute of Frauds (Ontario: Statute of Frauds, R.S.O. 1990, c. S.19, s. 4; British Columbia: Law and Equity Act, R.S.B.C. 1996, c. 253, s. 59; Alberta: Law of Property Act, R.S.A. 2000, c. L-7, s. 7). Once accepted by the Seller within the irrevocable period, the APS is a firm contract — neither party can withdraw without consequences unless an unfulfilled condition gives the right of termination.
In Ontario, the standard form used by licensed REALTORS® is OREA Form 100 — proprietary to the Ontario Real Estate Association and available only through OREA member channels. For private (FSBO — For Sale By Owner) transactions where no licensed agent is acting for either party, an independent template is required. Our template is drafted from first principles to satisfy the same conveyancing requirements as OREA Form 100 without using OREA-protected language or layout.
The conveyancing process — title search, requisition, mortgage discharge, statement of adjustments, transfer registration at the provincial Land Titles Office — is typically handled by a real-estate lawyer (or, in British Columbia, a BC notary public). Our template includes an express recommendation that both parties retain independent legal counsel, particularly for transactions above $500,000. The template prepares the contract; the lawyer prepares and registers the conveyance.
Our Agreement of Purchase and Sale template covers every element a Canadian real-estate lawyer would expect in a private-sale residential transaction.
Full legal names, current addresses, email contacts.
Municipal address + legal description (PIN / PID / LINC + Plan + Lot) + property type (detached, semi-detached, townhouse, condo, duplex, vacant land) + province.
Total price in Canadian funds + deposit (typically 3-5%) paid to Seller's solicitor in trust within 24 hours of acceptance.
Irrevocable date (buyer-offer expiry) + closing date (vacant possession to Buyer). Time is of the essence.
Movable items included in sale (appliances, window coverings); fixtures excluded (chandelier, garage shelving); rental items assumed by Buyer (hot water tank, furnace).
Financing condition (21 days), home inspection (10 days), status certificate (condo only, 14 days), sale of Buyer's existing property (30 days with 48-hour escape).
Title examination period (default 14 business days) + requisition rights + optional survey requirement.
Resale exempt vs new-home HST (inclusive/exclusive); New Housing Rebate clause; property tax proration; utility adjustments at meter readings.
Pre-closing risk allocation; property maintenance obligation; deposit forfeiture as liquidated damages on Buyer default.
Express recommendation to retain a real-estate lawyer (or BC notary) for conveyancing — this template prepares the contract, not the conveyance.
Follow these steps to prepare a private-sale APS that satisfies the provincial conveyancing requirements.
Beyond the municipal address, obtain the legal description: Ontario uses PIN (Parcel Identification Number); BC uses PID (Parcel Identifier); Alberta uses LINC (Land Identification Numeric Code). Find these on the property tax bill, the existing deed/transfer, or via a title search at the provincial Land Titles Office.
Deposit is typically 3-5 percent of the purchase price, paid to the Seller's solicitor in trust by certified cheque, bank draft, or wire transfer within 24 hours of acceptance. The deposit is credited to the purchase price on closing and forfeits to the Seller as liquidated damages on Buyer default.
The irrevocable date is the deadline for the Seller to accept the Buyer's offer in writing (typically 1-2 days from offer). The closing date is when vacant possession passes to the Buyer (typically 30-90 days from acceptance). Time is of the essence in all dates.
Chattels included = movable items not affixed (appliances, window coverings) — list by brand + model + year. Fixtures excluded = affixed items the Seller is keeping (heirloom chandelier, garage shelving). Rental items = ongoing rental contracts the Buyer assumes (hot water tank, furnace).
Financing (21 days), inspection (10 days), status certificate (condo only — 14 days), sale-of-buyer-property (30 days with Seller's 48-hour escape). Without conditions, the Buyer has NO way out of the contract once accepted.
Default 14 business days before closing for the Buyer's lawyer to examine title and raise valid requisitions. If the Seller cannot or will not remove a requisition, the contract terminates.
Resale homes are exempt from HST/GST. New homes attract HST less the New Housing Rebate. Property tax and utility adjustments at the Closing Date prevent post-closing disputes.
The template prepares the binding contract; the lawyer (or BC notary) conducts the conveyancing: title search, requisitions, mortgage discharge, transfer registration, statement of adjustments, exchange of funds.
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
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Real-estate transactions are governed by provincial Statute of Frauds, Land Titles legislation, real-estate brokerage legislation and federal tax statutes.
This template is for informational purposes only and does not constitute legal advice. Real-estate transactions carry significant financial consequences (typically $500,000 to $2,000,000+ in Canadian residential markets) and involve complex statutory rights that vary by province. Both parties should retain independent legal counsel (or a BC notary public) before signing this Agreement and before closing, particularly for transactions above $500,000. The template prepares the binding contract; it does not replace the conveyancing services of a real-estate lawyer.
Reviewed for Canadian common-law-province requirements
Every common-law province requires agreements for the sale of land to be in writing and signed by the party to be charged (Ontario: Statute of Frauds, R.S.O. 1990, c. S.19, s. 4; British Columbia: Law and Equity Act, R.S.B.C. 1996, c. 253, s. 59; Alberta: Law of Property Act, R.S.A. 2000, c. L-7, s. 7). An oral agreement for the sale of land is unenforceable. Email exchange may satisfy the writing requirement if it contains all essential terms and the parties have an established practice of contracting by email.
British Columbia, Alberta, Saskatchewan and Manitoba operate the Torrens system of land registration — title is conclusive on registration (the principle of indefeasibility), with very limited exceptions for fraud and statutory liens. Ontario migrated all land to the Land Titles system between 1994 and 2017 (the few remaining Land Registry parcels are converted on the next dealing). The conveyancing lawyer (or BC notary) conducts the title search and registers the transfer at the provincial Land Titles Office on closing.
OREA Form 100 (Ontario), the equivalent BCREA Contract of Purchase and Sale (British Columbia), and the AREA Residential Real Estate Purchase Contract (Alberta) are proprietary forms developed by the provincial real-estate associations and available only to licensed REALTORS®. These forms are protected by the respective associations and may not be used by non-members without licence. Our template is a clean private-sale alternative drafted from first principles, designed for use in FSBO transactions where no licensed agent is acting for either party.
An accepted APS is a binding contract; the Buyer cannot back out without consequences unless an unfulfilled condition gives the right of termination. The four standard conditions are: financing (the Buyer must obtain a satisfactory mortgage commitment), home inspection (a satisfactory home inspection report), status certificate (for condominium units — review of the condominium corporation's status under the Ontario Condominium Act, 1998, or equivalent), and sale of the Buyer's existing property. Each condition is waived in writing by the deadline; failure to waive terminates the contract and returns the deposit.
The Buyer is entitled to a defined period (typically 14 business days before closing) to examine title and raise valid requisitions — title defects the Seller must cure before closing. A valid requisition is one based on a substantive title defect (undischarged mortgage, easement, encroachment, restrictive covenant, work order, zoning non-compliance) and not a trifling technical objection. If the Seller cannot or will not cure within the cure period, the contract is at an end and the deposit returned.
Under the Excise Tax Act, R.S.C. 1985, c. E-15, the sale of a resale residential home by a non-HST-registered Seller is exempt from HST/GST. The sale of a new home (or a substantially renovated home) by a builder is subject to HST at 13% (Ontario) or 12-15% (other provinces). The GST/HST New Housing Rebate (CRA Form GST190) is available to the Buyer of a new home where the purchase price is under the federal cap of $450,000 and the provincial caps. Many Buyers assign the rebate to the builder for credit against the purchase price at closing.
On the Closing Date, the Buyer's lawyer prepares a statement of adjustments allocating shared expenses (property tax, condominium fees, utility bills, oil tank fill-up) between the Seller and the Buyer as of the Closing Date. The Buyer is credited with amounts prepaid by the Seller that relate to the period after closing, and is debited with amounts owing by the Seller for the pre-closing period. Without express clauses, the parties argue at closing.
Quebec is governed by a separate civil-law regime under the Civil Code of Québec (sale articles 1708-1733) and uses a different conveyancing process involving a notaire. A Quebec-specific template will follow in a future sprint.
Build a private-sale residential APS in minutes. The Free version produces a binding bilateral agreement (parties, property, price, deposit, irrevocable + closing dates, chattels and fixtures lists, signatures). Upgrade to Expert to add the four conditional close clauses (financing, inspection, status certificate, sale-of-buyer-property), the title examination + requisition clause, the HST + closing adjustments clause and the risk-of-loss + maintenance + deposit-forfeiture clause that materially exceed bare contract terms and provide the same buyer protections as the OREA Form 100 template used by Ontario REALTORS®.
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