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Agreement of Purchase and Sale (Residential) Template

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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AGREEMENT OF PURCHASE AND SALE
Residential — Private Sale · Province Of Ontario, Canada
BUYER
Aleksander Mihai Constantinescu
88 Carleton Avenue, Apt 1204, Toronto, ON M5T 1L5
Email: aleksander.constantinescu@example.ca
SELLER
Margaret Anne Whitfield
218 Roxborough Drive, Toronto, ON M4W 1X3
Email: m.whitfield@example.ca
Property: 218 Roxborough Drive, Toronto, ON M4W 1X3
Price: 1,250,000.00 CAD · Closing: 2026-08-31
THIS AGREEMENT OF PURCHASE AND SALE (the "Agreement") is made between Aleksander Mihai Constantinescu (the "Buyer") and Margaret Anne Whitfield (the "Seller") on the irrevocable date stated below. The Seller agrees to sell, and the Buyer agrees to purchase, the residential detached single-family dwelling located at 218 Roxborough Drive, Toronto, ON M4W 1X3, in the Province of Ontario (the "Property"). This Agreement is governed by the Land Titles Act, R.S.O. 1990, c. L.5; the Conveyancing and Law of Property Act, R.S.O. 1990, c. C.34; and the Statute of Frauds, R.S.O. 1990, c. S.19, s. 4 (writing requirement for land contracts).

This is a private-sale template intended for use without a licensed real-estate agent. Both parties are strongly advised to retain independent legal counsel before closing — particularly for transactions above $500,000 — as the conveyancing process involves statutory deadlines, title searches, mortgage discharges, statutory adjustments and registration steps that are typically handled by a real-estate lawyer or BC notary.
1.
PROPERTY
The Property is the detached single-family dwelling known municipally as 218 Roxborough Drive, Toronto, ON M4W 1X3, in the Province of Ontario.

Legal description:
PLAN 1542 LOT 84
PIN 21121-0344 (LT)
DETACHED FREEHOLD
2.
PURCHASE PRICE AND DEPOSIT
The total purchase price for the Property is 1,250,000.00 CAD in Canadian funds (the "Purchase Price"). The Buyer shall pay a deposit of 50,000.00 CAD within twenty-four (24) hours of acceptance of this Agreement by the Seller, by certified cheque, bank draft, or wire transfer to the Seller's solicitor in trust, to be held in trust pending closing and credited to the Purchase Price on closing. The balance of the Purchase Price (less adjustments) shall be paid on the Closing Date by wire transfer.
3.
IRREVOCABLE AND CLOSING DATES
This Agreement is irrevocable by the Buyer until 2026-06-15, after which time, if not accepted in writing by the Seller, it shall be null and void and the deposit returned to the Buyer without interest or deduction. The closing date for the transaction (the "Closing Date") is 2026-08-31, on which date vacant possession of the Property shall be given to the Buyer. Time is of the essence of this Agreement.
4.
CHATTELS INCLUDED
The following chattels (movable items not affixed to the Property) are included in the Purchase Price and shall remain on the Property on closing in their present condition (subject to fair wear and tear):

Refrigerator (Sub-Zero, model BI-48S/S/PH, 2022).
Dishwasher (Miele G7156SCVi, 2023).
Gas range (Wolf DF486G, 2022).
Microwave / hood (Bosch HMV5022U, 2023).
Washer and dryer (Miele W1+T1 set, 2023).
Window coverings — Hunter Douglas Silhouette in living/dining/master bedroom.
Central vacuum and all attachments.
Built-in speakers and ceiling-mounted projector in lower-level family room.
5.
FIXTURES EXCLUDED
The following fixtures (items affixed to the Property) are EXCLUDED from the sale and shall be removed by the Seller before closing, with the Property restored to good condition where the fixture is removed:

Dining room chandelier (custom Murano glass, family heirloom — to be removed by Seller and replaced with builder-standard fixture before closing).
Garage shelving system (Gladiator GearTrack, 2024 — to be uninstalled).
Greenhouse in backyard (free-standing aluminum-frame greenhouse — to be dismantled and removed by Seller).
6.
RENTAL ITEMS ASSUMED BY BUYER
The Property includes the following rented items, which the Buyer agrees to assume on closing (rental contracts to be assigned by the Seller):

Hot water tank (Enercare rental — monthly $42.99).
Furnace (Reliance rental — monthly $89.50).
Water softener (CulliganCare rental — monthly $35.00).

The Seller warrants that all rental payments are current up to the Closing Date.
7.
CONDITIONS PRECEDENT (BUYER'S CONDITIONS)
Financing Condition. This Agreement is conditional on the Buyer obtaining, at the Buyer's sole expense and discretion, a satisfactory mortgage commitment from a Canadian Schedule I bank or chartered financial institution in the amount of at least 950,000.00 CAD, within 21 business days of acceptance. If the Buyer fails to deliver written notice of waiver of this condition by 6:00 p.m. on the last day of that period, this Agreement shall be null and void and the deposit returned to the Buyer in full without interest or deduction.

Home Inspection Condition. This Agreement is conditional on the Buyer obtaining, at the Buyer's sole expense, a satisfactory home inspection report by a qualified home inspector within 10 business days of acceptance. The Seller shall provide reasonable access to the Property for the inspection on at least 24 hours' written notice. If the Buyer fails to deliver written notice of waiver of this condition by 6:00 p.m. on the last day of that period, this Agreement shall be null and void and the deposit returned to the Buyer in full.
8.
TITLE, SEARCHES AND REQUISITIONS
The Buyer shall be allowed until 14 business days before the Closing Date to examine title to the Property at the Buyer's own expense. If, within that examination period, the Buyer delivers any valid written requisition or objection to title (other than a requisition that the Seller is unable or unwilling to remove and the Buyer is not willing to waive), and the Seller fails to remove the requisition before the Closing Date, this Agreement shall be at an end notwithstanding any intermediate negotiations, and the deposit shall be returned to the Buyer in full. Save for valid requisitions made within the examination period, the Buyer shall be deemed to have accepted the Seller's title to the Property.

Survey. The Seller shall provide the Buyer with an existing survey of the Property (if available) within five (5) business days of acceptance, or shall confirm that no survey exists. If the Buyer requires a new survey, the Buyer may obtain one at the Buyer's expense, and any encroachment or boundary discrepancy revealed by the survey shall be treated as a valid title requisition.
9.
HST AND ADJUSTMENTS
The Property is a resale residential property and the transaction is therefore exempt from HST / GST under the Excise Tax Act, R.S.C. 1985, c. E-15, on the basis that the Seller is not registered for HST in respect of the supply.

Property tax adjustment. Property taxes shall be apportioned and adjusted as of the Closing Date, with the Seller responsible up to and including the day before closing and the Buyer responsible from the Closing Date forward. The Buyer shall be credited with any portion of taxes paid by the Seller relating to the period from and after the Closing Date.

Utility adjustments. The Seller shall arrange for final readings of all utility meters (electricity, gas, water, sewer) as close as possible to the Closing Date, and shall provide the Buyer's solicitor with proof of payment of all utility accounts to the Closing Date. The Buyer shall transfer all utility accounts to the Buyer's name effective the Closing Date.
10.
RISK OF LOSS, PROPERTY MAINTENANCE AND DEPOSIT FORFEITURE
Risk of Loss. Pending closing, the Property shall remain at the risk of the Seller. The Seller shall maintain in good standing all existing insurance policies on the Property up to and including the Closing Date. In the event of substantial damage to the Property before closing, the Buyer may at the Buyer's sole option either (a) terminate this Agreement and receive a full refund of the deposit, or (b) complete the purchase and receive the assignment of all insurance proceeds.

Property Maintenance. The Seller shall maintain the Property in its present condition (subject to ordinary wear and tear) up to and including the Closing Date, shall not remove any fixtures other than those expressly excluded above, and shall not make any material alteration to the Property without the Buyer's written consent.

Deposit Forfeiture on Buyer Default. If the Buyer fails to complete the transaction on the Closing Date by reason of the Buyer's default (and not by reason of any default by the Seller, any unfulfilled condition precedent or any other cause beyond the Buyer's reasonable control), the deposit shall be forfeited to the Seller as liquidated damages and not as a penalty, and the Seller shall be entitled to such further remedies as are available at law or in equity.
11.
INDEPENDENT LEGAL ADVICE
Each party acknowledges that they have been advised by the other party to retain independent legal counsel (or a BC notary public, in the case of British Columbia) before signing this Agreement and before closing the transaction. The parties further acknowledge that the conveyancing process requires registration of a deed (or transfer of land) at the provincial Land Titles or Land Registry Office on closing, and that the parties' respective solicitors shall conduct the closing including title searches, statutory requisitions, mortgage discharge, registration of transfer, registration of any new mortgage, and statutory adjustments. This Agreement is a private-sale template that does not replace the conveyancing services of a real-estate lawyer.
12.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, including the Land Titles Act, R.S.O. 1990, c. L.5; the Conveyancing and Law of Property Act, R.S.O. 1990, c. C.34; and the Statute of Frauds, R.S.O. 1990, c. S.19, s. 4 (writing requirement for land contracts).
13.
EXECUTION AND WITNESSING
Each party signs this Agreement in the presence of Hannah Reilly of 142 Cottingham Street, Toronto, ON M4V 1B9, who is not a party to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
BUYER
Aleksander Mihai Constantinescu
Date: ____________________
SELLER
Margaret Anne Whitfield
Date: ____________________
WITNESS
Hannah Reilly
Date: ____________________

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is an Agreement of Purchase and Sale?

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.

What's Covered in This Template

Our Agreement of Purchase and Sale template covers every element a Canadian real-estate lawyer would expect in a private-sale residential transaction.

Buyer & Seller Identification

Full legal names, current addresses, email contacts.

Property Identification

Municipal address + legal description (PIN / PID / LINC + Plan + Lot) + property type (detached, semi-detached, townhouse, condo, duplex, vacant land) + province.

Purchase Price + Deposit

Total price in Canadian funds + deposit (typically 3-5%) paid to Seller's solicitor in trust within 24 hours of acceptance.

Irrevocable + Closing Dates

Irrevocable date (buyer-offer expiry) + closing date (vacant possession to Buyer). Time is of the essence.

Chattels Included + Fixtures Excluded + Rental Items

Movable items included in sale (appliances, window coverings); fixtures excluded (chandelier, garage shelving); rental items assumed by Buyer (hot water tank, furnace).

Conditional Close (Expert)

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, Searches & Requisitions (Expert)

Title examination period (default 14 business days) + requisition rights + optional survey requirement.

HST + Adjustments (Expert)

Resale exempt vs new-home HST (inclusive/exclusive); New Housing Rebate clause; property tax proration; utility adjustments at meter readings.

Risk of Loss + Maintenance + Forfeiture (Expert)

Pre-closing risk allocation; property maintenance obligation; deposit forfeiture as liquidated damages on Buyer default.

Independent Legal Advice

Express recommendation to retain a real-estate lawyer (or BC notary) for conveyancing — this template prepares the contract, not the conveyance.

How to Create Your Agreement of Purchase and Sale

Follow these steps to prepare a private-sale APS that satisfies the provincial conveyancing requirements.

  1. 1

    Identify the Property Precisely

    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.

  2. 2

    Set the Purchase Price and Deposit

    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.

  3. 3

    Set the Irrevocable Date and Closing Date

    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.

  4. 4

    List Chattels, Fixtures and Rental Items

    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).

  5. 5

    Add Conditional Close (Expert)

    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.

  6. 6

    Add Title Examination + Requisition (Expert)

    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.

  7. 7

    Add HST and Adjustments (Expert)

    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.

  8. 8

    Retain a Real-Estate Lawyer for Closing

    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.

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

Country-specific legal content

Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.

Always current

Always current with the law

Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

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Print-ready PDF

Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.

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Editable Word (.docx)

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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Legal Considerations

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

Statute of Frauds Writing Requirement

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.

Provincial Land Titles Systems

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 and Real-Estate Brokerage

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.

Conditional Close and Right of Termination

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.

Title Examination and Requisitions

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.

HST and the New Housing Rebate

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.

Closing Adjustments

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 — Excluded From This Template

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.

Frequently Asked Questions

Create Your Agreement of Purchase and Sale Now

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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