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Sep 25, 2003 Real Estate Listing Contract Extension / Amendment Agreement
Members of the Canadian Real Estate Association are required to abide by a strict Code of Ethics and Standards of Business Practice,
which serves to protect the buying and selling public alike. One of the ethical obligations embodied in the Code requires that
REALTORS disclose who they are representing (or not representing) in a real estate transaction:
A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties
to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the
customer or other party to the transaction.
Agency/Client Relationship
A REALTOR representing a client in a real estate transaction works within a legal relationship called agency. As an agent, the
REALTOR owes the client a number of duties including loyalty, obedience of lawful instructions of the client, confidentiality, reasonable
care and skill in performing the tasks required, accounting of all money received, full disclosure of all relevant facts, and nondelegation
of responsibilities. The client, on the other hand, owes the agent a duty of reasonable compensation for the services rendered.
Customer
A party may choose to represent him/herself in a real estate transaction. A party representing him/herself (either as a buyer or a seller)
is referred to as a third party to the client, and a customer to the REALTOR representing the client. Unless otherwise expressly agreed
to in writing, the customer is not expected to pay the REALTOR any compensation. On the other hand, the customer does not have
the protection of the duties which a client in an agency relationship receives from his/her agent. Notwithstanding the foregoing, a
REALTOR assisting a customer has to be honest and ensure that all information provided to the customer is factually correct.
Acknowledgment
Having read and understood this form, I/we acknowledge that:
_____________________________________________________________ _______________________________________________________________________
Customer Witness
_____________________________________________________________ _______________________________________________________________________
Customer Witness
© January 2004 The Alberta Real Estate Association
Informed Dual Agency Consent
(To be completed by the Buyer and attached to the Purchase Contract #_________________)
As required by the Real Estate Council of Alberta's Code of Conduct, a real estate brokerage (including its broker, associate brokers, and
agents) must only act for one party in a transaction, unless there is full disclosure to all parties, and the dual agency is agreed to in
writing. The client must fully understand the implications of dual agency and give an informed consent in writing prior to entering into a
real estate transaction.
Dual Agency
Dual Agency occurs when one brokerage (the Dual Agent) trading in real estate from one or more locations, represents both you and
the seller, or more than one buyer, with respect to the potential purchase of the Property. In such circumstances, the described
fiduciary duties are limited as follows:
The Dual Agent:
(a) will not, without prior written authority, disclose:
(i) to the seller that you will pay a price higher than the offered price (or countered price),
(ii) to you that the seller will accept a price lower than the listed price,
(iii) to the seller the reason that you are buying,
(iv) to you the reason that the seller is selling, and
(v) to you or other buyers the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will disclose to you and the seller all facts known that materially
affect or may materially affect the marketability or value of the Property.
Acknowledgment
I/We acknowledge and agree that:
______________________________________________________________________________________________________________
(Broker, associate broker, agent)
representing ____________________________________________________________________________________________________
(Brokerage)
will be receiving a referral fee of ____________________________________________________________________________________
as a result of
Client Information
Client's Name ___________________________________________________________________________________________________
Address _______________________________________________________________________________________________________
______________________________________________________________________________________________________________
(postal code)
______________________________________________________________________________________________________________
Phone Fax Email
________________________________________________ _____________________________________________________
Signature of Referred Client Witness
________________________________________________ _____________________________________________________
Signature of Referred Client Witness
January 2004
AMENDMENT TO THE
BUYER BROKERAGE CONTRACT
Contract # ______________________
Further to the Buyer Brokerage Contract dated the __________ day of ___________________________________________, ______________.
Between
and
THE BUYER THE BUYER’S BROKERAGE (the “Brokerage”)
Name ____________________________________________________ Brokerage Name _____________________________________________
The following changes shall be made to the above Contract and except for such changes noted below, all other terms and conditions in the Contract
shall remain as stated therein.
DELETE: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
INSERT: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
______________________________________________________________ __________________________________________________________
Buyer Witness
______________________________________________________________ __________________________________________________________
Buyer Witness
________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the
Brokerage
September 2002/January 2004
CONTRACT # _________________________
Email ______________________________________________________________ Member of the ____________________________ Real Estate Board (the “Board”)
1. OTHER BUYER BROKERAGE CONTRACTS (c) advise prospective sellers or their brokerages with whom the Brokerage
1.1 Have you entered into any other buyer brokerage is negotiating that they represent the Buyer;
contract with a brokerage in Alberta during the
(d) cooperate with brokerages which represent sellers of real estate;
last twelve months? q Yes q No
(e) not disclose the Buyer's identity if instructed not to do so.
1.2 Are you currently in a buyer brokerage contract
with another real estate brokerage? q Yes q No 5. ENDING THIS CONTRACT
2. TERM OF THIS CONTRACT 5.1 This Contract will automatically end if the Brokerage:
(a) has had its licence to trade in real estate suspended or cancelled under
2.1 The Buyer agrees to retain only the Brokerage:
the Real Estate Act (Alberta);
(a) to find real estate suitable for the Buyer to Purchase and,
(b) ceases to be a member in good standing of a real estate board; or
(b) to assist the Buyer in negotiating the terms of the Purchase.
(c) is bankrupt, insolvent, or in receivership.
2.2 The following properties are excluded from this Contract:
5.2 Where a party to this Contract has breached the Contract, the other party may
_____________________________________________________________ end the Contract by notice in writing to the party in breach.
_____________________________________________________________ 5.3 The Brokerage may enforce clause 6.4(b) even if the Contract has ended or
_____________________________________________________________ expired.
2.3 The Term of the Contract is effective today until 11:59 p.m. on ___________ 6.1 The Brokerage’s fee (the “Fee”) shall be:
(a) the portion of the real estate commission, if any, paid to the Brokerage by
______________________________________________ (the “Expiry Date”) the seller's brokerage respecting a transaction involving the Buyer (the
unless renewed/extended in writing. “Collected Commission”), or
8.1 All changes of number will be made where required. _______________________________ _______________________________
8.2 This Contract will be governed by the laws of the Province of Alberta. The Buyer Witness
parties submit to the jurisdiction of the Courts in the Province of Alberta in any
dispute that may arise out of this transaction. _______________________________ _______________________________
Print Name of Buyer Print Name of Witness
8.3 This Contract may be signed by the parties and transmitted by fax. This
procedure will be as effective as if the parties had signed and delivered an
__________________________________________________________________
original copy.
Signature of broker, associate broker, or agent authorized to sign on behalf of the
8.4 The Buyer warrants that, prior to completion, he/she is NOT an “ineligible Brokerage
person” or a “foreign controlled corporation” and is eligible to purchase
“controlled land” as those terms are defined in the Foreign Ownership of Land Buyers' initials to acknowledge they
Regulations. have received a copy of this Contract. ___________________________
Page 2 of 2
BUYER BROKERAGE
TERMINATION AGREEMENT
Contract # _________________________
Between
and
THE BUYER THE BUYER’S BROKERAGE (the “Brokerage”)
The parties wish to terminate the Buyer Brokerage Contract dated ______________________________________________, ______________.
q Conditional Termination
Fee entitlement will continue as per the provisions of clauses 6.4 and 6.5 of the Buyer Brokerage Contract.
q Unconditional Termination
To be used where the parties want to sever their relationship with no ongoing obligations.
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
______________________________________________________________ __________________________________________________________
Buyer Witness
______________________________________________________________ __________________________________________________________
Buyer Witness
_____________________________________________________________ _____________________________________________________
Approved and accepted by the Buyer’s Broker/Manager Signature of broker, associate broker or agent authorized to sign on behalf of the
Brokerage
January 2004
ADDENDUM ________ TO THE
REAL ESTATE PURCHASE CONTRACT
This Addendum is attached to and forms part of the Real Estate Purchase Contract # _____________________________
Between
and
THE SELLER THE BUYER
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
Note: This form must be signed by all parties to the Real Estate Purchase Contract.
_____________________________________________________________
Date
_____________________________________________________________ _________________________________________________________________
Seller Witness
_____________________________________________________________ _________________________________________________________________
Seller Witness
_____________________________________________________________ _________________________________________________________________
Buyer Witness
_____________________________________________________________ _________________________________________________________________
Buyer Witness
January 2004
AMENDMENT/ADDENDUM FORM
Contract # ____________________________
Further to the Contract dated the _____________ day of ________________________________________________________, ____________.
Between
and
Name ______________________________________________________ Name ______________________________________________________
Legal Legal
Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________
Other ___________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
Dated at _______________________________, Alberta, this ________ day of ________________________, _________ at ________ a.m./p.m.
_____________________________________________________________ _________________________________________________________________
Witness
_____________________________________________________________ _________________________________________________________________
Witness
Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m.
_____________________________________________________________ _________________________________________________________________
Witness
_____________________________________________________________ _________________________________________________________________
Witness
January 2004
REAL ESTATE LISTING CONTRACT
EXTENSION/AMENDMENT AGREEMENT
MLS# _______________________________________ Real Estate Listing Contract # ________________________________
TO: _____________________________________________________________________________________________________________________________
Brokerage Name (the “Brokerage”)
My/Our Property known as:
________________________________________________________________________________________________________________________________.
Municipal Address
Plan _________________________________________________ Block ______________________ Lot ________________ Subdivision ________________
_
OR
W. of Range Township Section Part Acres
OR
Condo. Unit No. _________________________________ Plan No. _________________________________ Project Name ____________________________
I/We hereby agree to the following changes with reference to the above listing:
1. Listing Extension:
The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on
________________________________________________________________________________________________________, _________________
2. Price Change:
The asking price for the Property will be changed to $ __________________________________________________________________________
effective as of ____________________________________________________________________________________________, ________________.
3. Other Amendments (if any): _______________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
_________________________________________________________ ______________________________________________________________________
Seller Witness
_________________________________________________________ ______________________________________________________________________
Seller Witness
________________________________________________________________________ __________________________________________________________________________________________
Address Seller acknowledges receiving a copy of this Agreement
_________________________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
AMENDMENT TO THE
REAL ESTATE PURCHASE CONTRACT
Real Estate Purchase Contract # __________________________
Further to the Real Estate Purchase Contract dated the ____________ day of _________________________________________, __________.
Between
and
THE SELLER THE BUYER
The following changes shall be made to the above Purchase Contract and except for such changes noted below, all other terms and conditions in
the Purchase Contract shall remain as stated therein.
DELETE: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
INSERT: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
Dated at _______________________________, Alberta, this ________ day of ________________________, _______ at __________ a.m./p.m.
_____________________________________________________________ _________________________________________________________________
Seller Witness
_____________________________________________________________ _________________________________________________________________
Seller Witness
Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m.
_____________________________________________________________ _________________________________________________________________
Buyer Witness
_____________________________________________________________ _________________________________________________________________
Buyer Witness
January 2004
COMMISSION AGREEMENT
This Agreement is between
and
THE SELLER THE BUYER’S BROKERAGE (the “Brokerage”)
_________________________________________________________________ _________________________________________________________________
Broker, associate broker or agent authorized to represent the Brokerage
1. AGENCY DISCLOSURE
I, the Seller, acknowledge that ____________________________________________________________________________________ is acting
(Brokerage Name)
only on behalf of the buyer in this transaction and owes me no fiduciary duties.
2. THE PROPERTY
I hereby authorize the Brokerage to offer for sale my Property known as:
Address ______________________________________________________________________________________________________________
Plan ____________________________________________________ Block _________________________ Lot __________________________
Condominium Plan ________________________________________ Legal Unit No. __________________ Legal Parking Unit ______________
Other ________________________________________________________________________________________________________________
I have stated an asking price of $ __________________________________________________________________________________________
I warrant that I have the legal authority to sell the Property and that all the information I have provided to the Brokerage is correct and accurate to the
best of my knowledge.
3. COMMISSION
If the Brokerage is successful in obtaining an offer with terms satisfactory to me within 10 days of this Agreement, I will pay the Brokerage a
Commission of _________________________________________________________________ plus GST. I will pay the Commission to the
Brokerage no later than the third day after the sale is complete. If an offer is not brought in within 10 days, this Agreement is terminated.
If the Property is sold or disposed of by me to a person introduced to the Property by the Brokerage within 90 days after the introduction, I must pay
the Commission.
4. DEPOSITS
I further authorize the Brokerage to secure and have the Deposits received placed in the Brokerage’s trust account and I authorize the Brokerage to
deduct the said Commission from the Deposits on the sale closing date. If the Deposit is less than the total Commission due, the balance owing will
be deducted from the sale proceeds.
5. SECURITY FOR THE BROKERAGE’S FEES
(a) I direct the Brokerage or any other person who holds the Deposits to use the Deposits to pay for any money owed in this Agreement.
(b) I assign to the Brokerage enough of the purchase money to pay all money owed under this Agreement. I agree not to revoke this assignment.
(c) I direct my lawyer to pay all money owed under this Agreement from the purchase money or Deposits held by my lawyer.
(d) I now encumber all of my interest in the Land, Buildings and Attached Goods for the benefit of the Brokerage to secure payment to the
Brokerage of all money which may be owed by me to the Brokerage under this Agreement. I agree that the Brokerage is entitled to encumber
the Land in accordance with the Land Titles Act (Alberta). I now authorize the Brokerage to file and maintain a caveat to give notice of this
encumbrance.
(e) If the Brokerage successfully enforces any of its rights or remedies under this section, I will pay reasonable lawyer and legal fees and costs
incurred by the Brokerage.
The Seller consents to the collection, use and disclosure of personal information by the Brokerage for the purpose of listing and marketing the Property.
_________________________________________________________ _____________________________________________________________________
Seller Witness
_________________________________________________________ _____________________________________________________________________
Seller Witness
___________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
CONDOMINIUM PROPERTY SCHEDULE
This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________
The Buyer's Condition applies only to condominium units for resale [that is, they are not covered by sections 12 and 13 of the Condominium
Property Act (Alberta) (the "Act")]. All terms have the same meaning as in the Act.
Buyer's Condition
- The Contract is subject to the Buyer’s satisfaction with the condominium documents (the "Documents") listed below.
- The Seller will deliver original or true copies of the Documents to the Buyer at least five (5) Business Days before the Condition Day. The
Documents are:
l copy of registered condominium plan l details of any structural deficiencies in the condominium complex
l copy of the Condominium Corporation's current bylaws l the amount of the reserve fund
l copy of the Condominium Corporation's current financial l copy of any reserve fund study
statement, most recent annual financial statement and annual l copy of any reserve fund report
report
l copy of any reserve fund plan
l copy of current annual budget and condominium fee schedule
l the particulars of any post tension cables that are located anywhere
l copy of the minutes of the most recent general meeting of the
on or within the Property that is included in the condominium plan
Condominium Corporation
l percentage of owner occupancy in the complex
l condominium board of directors minutes for the past 12
months l details of any contributions already levied but which will only
l copy of any special resolution being circulated become effective after the Completion Day
l copy of the insurance certificate l details of any actions commenced against the Corporation
l copy of any lease agreement or exclusive use agreement with l details of any unsatisfied judgment or outstanding court order
respect to the possession of a portion of the Common against the Corporation
Property, including a parking stall or storage unit l details of any written demand upon the Corporation for payment of
l copy of any management agreement an amount in excess of $5,000
l copy of any recreational agreement l any other relevant details
________________________________________ ___________________________________________
________________________________________ ___________________________________________
________________________________________ ___________________________________________
- If the Seller fails or refuses to deliver the Documents by the agreed time, the Buyer may obtain the Documents through other sources. All
reasonable costs incurred by the Buyer to obtain the Documents will be paid by the Seller including solicitor/client legal fees and
disbursements. The Buyer may set off these costs against the Purchase Price at the Completion Day. The Buyer will have no other remedy
against the Seller for failing or refusing to deliver the Documents.
Legal unit no.(s) _________________________________________Legal parking unit(s) ____________________________ Stall #(s) ____________________
Parking condominium plan(s) ______________________________ Parking stall(s) owned _____________ leased ______________ assigned _____________
This Important Information (referred to in the Purchase Contract as the “Documents”) will be required by the buyer as a condition of sale.
January 2004
DOWER SCHEDULE
This Schedule is attached to and forms part of the Real Estate Contract # _____________________________
CONSENT OF SPOUSE
I, __________________________________________________ being married to ________________________________________________ the
registered owner of the Property, hereby give my consent to the disposition of our homestead made in the Real Estate Contract to which this
consent is attached and forms a part.
I have signed this document for the purpose of giving up my life estate and other dower rights in the Property, which are given to me by the Dower
Act. I am giving up these rights to the extent necessary to give effect to the disposition.
__________________________________________________
Signature of Spouse
DATED at __________________________ in the Province of Alberta, this ___________ day of _________________________, __________.
__________________________________________________
Title of Officiating Officer
DOWER AFFIDAVIT
I, ________________________________________________________ of _____________________________________________ in the
Province of Alberta, MAKE OATH AND SAY:
1. I am the Seller named in the Real Estate Contract to which this Affidavit is attached and forms a part.
2. I am not married, OR
Neither my spouse nor I have resided on the Property at any time during our marriage.
_________________________________________________
A Commissioner for Oaths, etc. (or as the case may be)
The Buyer will pay for preparing and registering any security documents l Where there is Seller Financing, the Seller must approve any
regarding the Other Value. assignment of this Contract by the Buyer
Between
THE SELLER and THE SELLER’S BROKERAGE (the “Brokerage”)
_________________________________________________________________________________________________________________________________________
(postal code)
Legal Address: Plan ________________________________________________________ Block __________________________ Lot/Unit ________________________
Plan _____________________________________________________________________ Block __________________________ Lot/Unit ________________________
__________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________
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__________________________________________________________________________________________________________________________________________________
Note: This form must be initialled by all parties to the Real Estate Listing Contract.
_________________________________________________________ ______________________________________________________________________
Seller Witness
_________________________________________________________ ______________________________________________________________________
Seller Witness
_________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf
of the Brokerage
January 2004
REAL ESTATE LISTING CONTRACT
TERMINATION AGREEMENT
Between
The Brokerage hereby agrees to terminate the Listing Contract on the Property at __________________________________________________
____________________________________________________________________________________________________________________
which was dated ______________________________________________________________________________, ______________________.
q Option A: To be used where it is not intended to relist the Property for sale.
The Seller agrees with the Brokerage that:
1. It shall not sell, exchange and/or lease, or accept an offer for the sale, exchange and/or lease of the said Property during the
term of 90 days from the date of this Termination Agreement.
2. In the event that the Seller breaches any of the terms of this Termination Agreement, the Seller shall immediately pay to the
Brokerage as liquidated damages a sum equal to the Real Estate Commission as set out in the said Listing Contract.
This clause replaces the provisions of 10.1 in the Real Estate Listing Contract.
q Option C: To be used where the parties want to sever their relationship with no ongoing obligations.
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
_______________________________________________________ ______________________________________________________________________
Seller Witness
_______________________________________________________ ______________________________________________________________________
Seller Witness
__________________________________________________ _______________________________________________________________
Seller acknowledges receiving a copy of this Agreement Approved and accepted by Seller’s Broker/Manager
January 2004
NOTICE
As per the Real Estate Purchase Contract
Notice to:
_________________________________________________________________________________________________________________________________
Seller/Buyer of the Property
Municipal Address ________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
1. I am the Seller/Buyer of the Property in the Real Estate Purchase Contract # ______________________________________________________
The conditions(s) in that Contract that I now unilaterally waive or have satisfied is (are):
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
2. All other provisions in the Contract remain in full force and effect.
3. In this Notice, the singular shall be constituted as the plural where the context so requires.
4. This Notice shall enure to the benefit and be binding upon my heirs, executors, administrators, successors and assigns.
5. As per the Real Estate Purchase Contract, if a Notice has not been given to the other party before 9 p.m. on or before the stated
Condition Day, then the transaction is ended.
_____________________________________________________ _____________________________________________________________________
Seller/Buyer Witness
_____________________________________________________ _____________________________________________________________________
Seller/Buyer Witness
_____________________________________________________ _____________________________________________________________________
Authorized Signing Officer(s) Witness
January 2004
PROPERTY INSPECTION SCHEDULE
This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________
This Schedule is part of the Residential Real Estate Purchase Contract dated the __________________ day of
_____________________________________________, ______________, and is to be attached to that Contract as a Buyer’s Condition.
Between
__________________________________________________________________________________________________________ as Buyer(s)
and
__________________________________________________________________________________________________________ as Seller(s)
1. The Buyer will have the right to have a property inspection completed by a professional or otherwise qualified inspector.
l The Seller agrees to provide access (within reason) to the Property for this purpose.
l The inspection is at the Buyer's expense unless otherwise agreed to in writing.
2. If the property inspection identifies defects in the Property that are not acceptable to the Buyer, then the Buyer will have a valid reason not
to give the "Notice" to waive/release the Condition.
3. Cosmetic items will not be considered a defect for the purposes of paragraph 2 above.
4. In the event the Buyer does not give the "Notice" to waive/release the Condition, the Seller is entitled to a copy of the complete inspection
report.
l The Seller must request the inspection report no later than 9 p.m. on the second day following the Condition Day.
l The Buyer must provide the inspection report no later than 9 p.m. on the second day following the day the Seller requests it.
5. In the event the Seller does not agree that the Buyer has a valid reason not to give the "Notice" to waive/release the Condition, then the Seller
and Buyer may pursue all available remedies.
_________________________________________________ _____________________________________________________________
Buyer Signature Witness
_________________________________________________ _____________________________________________________________
Buyer Signature Witness
_________________________________________________ _____________________________________________________________
Seller Signature Witness
_________________________________________________ _____________________________________________________________
Seller Signature Witness
January 2004
PROPERTY SCHEDULE
This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________
Email _________________________________________________________________ Member of the ________________________________ Real Estate Board (the “Board”)
_________________________________________________________ 7.2 You direct the Brokerage, the buyer’s brokerage or the lawyer who holds the
Deposits to use the Deposits to pay any money owed under this Contract. Any
_________________________________________________________ Commission or Alternate Compensation, plus GST, that has been earned by
_________________________________________________________ another brokerage and is no longer required to be held in trust shall be paid
directly out of a trust account by the party holding the Deposits.
_________________________________________________________
7.3 You assign to the Brokerage enough of the purchase money or forfeited
_________________________________________________________
Deposits to pay all money owed under this Contract. You agree not to revoke
_________________________________________________________ this assignment.
9.4 Are you aware of any defects in the Property that l will market the Property through the Multiple Listing Service (MLS)
are not visible and are either structural in nature or
operated by the Board.
a possible health hazard? q Yes q No
Seller’s Initials ___________________ l will not discourage any person who is an industry member as defined in
the Real Estate Act (Alberta) and who is not a member of the Board from
10. DUTIES OF THE SELLER
attempting to sell the Property, unless you otherwise instruct the
10.1 You will pay the Commission to the Brokerage if, during the Term of the Brokerage in writing.
Contract:
l will pay any Commission, Alternate Compensation and GST that are
(a) the Property is sold, exchanged or otherwise disposed of by you or
anyone else; payable to another brokerage.
Page 4 of 4
# _________________________
Purchase Contract Number
1.1 The Property is the Land, Buildings, Attached Goods (unless excluded) and 2.1 The Buyer and the Seller agree to act cooperatively, reasonably, diligently and
included Unattached Goods located at (municipal address): _______________ in good faith.
2.2 Other than the Deposits, the Buyer shall pay the Purchase Price by certified
______________________________________________________________ cheque, lawyer's trust cheque, bank draft or other agreed value as follows:
1.2 The legal description of the Property is:
Other _________________________________________________________
______________________________________________________________ $ __________________________________ Additional Deposit
______________________________________________________________
$ __________________________________ Assumption of Mortgage
If Condominium Property, details as described in Condominium Property
(approximate principal balance)
Schedule (attached).
______________________________________________________________
$ __________________________________ New Financing
______________________________________________________________
______________________________________________________________
______________________________________________________________ $ __________________________________ Seller Financing
(as per attached Financing Schedule)
______________________________________________________________
______________________________________________________________
$ __________________________________ Other Value
______________________________________________________________
______________________________________________________________
$ __________________________________ Balance Owing
______________________________________________________________
(subject to adjustments)
______________________________________________________________
______________________________________________________________
$ __________________________________ Purchase Price
______________________________________________________________
______________________________________________________________ Unless otherwise agreed in writing, the Purchase Price
includes any applicable Goods and Services Tax (GST).
1.4 All Attached Goods (fixtures) except for: _____________________________
3. DEPOSITS
______________________________________________________________
3.1 All Deposits shall be delivered in trust to _____________________________
______________________________________________________________
______________________________________________________________ ______________________________________________________________.
______________________________________________________________ Unless otherwise agreed in writing, the Initial Deposit shall accompany the offer.
______________________________________________________________ ______________________________________________________________
1.5 Unless otherwise agreed in writing, title will be free and clear of all 3.2 The Initial Deposit shall be deposited no later than the second Business Day
encumbrances, registrations and obligations except the following: following the day that final signing occurred (as per clause 15.1). Additional
(a) those implied by law; Deposits shall be deposited no later than the second Business Day following
the day the Additional Deposit is received by the brokerage.
(b) non-financial obligations now on title such as easements, utility rights-of-
way, covenants and conditions that are normally found registered against 3.3 Any Additional Deposits shall be delivered as follows: ___________________
property of this nature and which do not affect the saleability of the
______________________________________________________________
Property;
(c) homeowners association caveats, encumbrances and similar 3.4 Unless otherwise agreed in writing, no interest on the Deposits shall be paid to
registrations; and the Seller or the Buyer. ___________________________________________
(d) those items which the Buyer agreed to assume in this Contract. _______________________________________________________________
3.7 If there is a dispute between the Seller and the Buyer as to entitlement to the 4.10 If the Property is rented and the Buyer is not assuming the tenancy, then the
Deposits then: Seller is responsible for all costs related to ending the tenancy and to giving
vacant possession to the Buyer.
(a) the brokerage holding the Deposit shall review the circumstances,
4.11 At least ten (10) Business Days prior to the Completion Day, the Seller will
determine entitlement and pay the money to the party who is entitled to the provide the Buyer, regarding the matters described in clause 6.1, a real
Deposit; property report reflecting the current state of improvement on the Property,
(b) if no reasonable conclusion can be made in regard to (a) above, the according to the Alberta Land Surveyors’ Manual of Standard Practice, with
brokerage shall notify the parties to the Contract in writing and shall pay evidence of municipal compliance or non-conformance. This obligation will not
the money into a lawyer's trust account; apply to condominium units that do not create a lot or will not apply to any
transaction where there are no improvements on the land.
(c) the parties agree to allow the lawyer or the brokerage to deduct from the
Deposit a reasonable fee and costs incurred for dealing with the Deposit; 4.12 Notwithstanding the closing provisions in this Contract, the parties authorize
their lawyers to follow, if appropriate, the Law Society of Alberta Conveyancing
(d) a brokerage and/or lawyer acting in good faith under this clause shall not Protocol in the closing of this transaction.
be liable to either party for any damages associated with the handling of
the Deposit, except arising from the negligence of the brokerage or lawyer. 5. INSURANCE
5.1 The risk of loss or damage to the Property shall lie with the Seller until the
4. CLOSING Purchase Price is paid according to the terms of this Contract. If loss or
4.1 Unless otherwise agreed in writing, this Contract will be completed, the damage to the Property occurs before the Seller is paid the Purchase Price,
Purchase Price will be fully paid and vacant possession will be available by: then any insurance proceeds shall be held in trust for the Buyer and the Seller
according to their interests in the Property.
noon on the _______________________________________________ day of
6. WARRANTIES AND REPRESENTATIONS
__________________________________________________, ___________,
6.1 The Seller represents and warrants to the Buyer that:
(the "Completion Day"), subject to the rights of the existing tenants, if any.
(a) the Seller has the legal right to sell the Property;
When the Buyer obtains possession, the Property will be in substantially the
(b) the Attached Goods and included Unattached Goods are in normal
same condition as it was in when this Contract was accepted.
working order and are free and clear of all encumbrances;
4.2 Items which are normally adjusted for, such as real estate taxes, amortized (c) the Seller is not a non-resident of Canada for the purposes of the Income
local improvement levies, utilities, rents, security deposits, statutory interest on Tax Act (Canada);
security deposits, mortgage interest, homeowners association fees and
(d) the current use of the Land complies with the existing municipal land use
monthly condominium contributions, will be assumed by the Buyer and will be
bylaw;
adjusted as of 24:00 hours on the Completion Day.
(e) the Buildings and other improvements on the Land are not placed partly or
4.3 The Seller and the Seller's lawyer will deliver normal closing documents to the wholly on any easement or utility right-of-way and are entirely on the Land
Buyer or the Buyer's lawyer upon reasonable conditions consistent with the and do not encroach on neighbouring lands, except where an
terms of this Contract. The Buyer must have a reasonable period of time before encroachment agreement is in place;
the Completion Day to confirm registration of documents at the Land Titles (f) the location of Buildings and other improvements on the Land complies
Office and to obtain the advance of proceeds for any New Financing and Other with all relevant municipal bylaws, regulations or relaxations granted by
Value. the appropriate municipality prior to the Completion Day, or the Buildings
and other improvements on the Land are "non-conforming buildings" as
4.4 If the Seller fails to deliver the closing documents according to clause 4.3, then that term is defined in the Municipal Government Act (Alberta); and
payment of the Purchase Price and Interest will be postponed until the Buyer
(g) $_________________ is the current monthly condominium contribution
has received the closing documents and has a reasonable period of time to
payable (fee for administrative and other expenses).
register them.
6.2 All of the warranties contained in this Contract and any attached Schedules are
4.5 If the Buyer has not paid all of the Purchase Price, then the Seller may give the made as of and will be true at the Completion Day, unless otherwise agreed in
Buyer possession upon reasonable terms. writing.
______________ Seller’s Initials ______________ Buyer’s Initials
Page 2 of 4
# _________________________
Purchase Contract Number
6.3 The representations and warranties in this Contract may be enforced after the (c) Condominium Documents Condition
Completion Day, provided that any legal action is commenced within the time This Contract is subject to the Buyer's Condition regarding Condominium
limits prescribed by the Limitations Act (Alberta). Documents, as per attached Condominium Property Schedule. q Yes q No
6.4 The Seller and the Buyer each acknowledge that, except as otherwise Before 9 p.m. on ___________________________________________
described in this Contract, there are no other warranties, representations or (the "Condition Day").
collateral agreements made by or with the other party, the Seller's brokerage
and the Buyer's brokerage about the Property, any neighbouring lands, and this (d) Sale of Buyer’s Home Condition
transaction, including any warranty, representation or collateral agreement This Contract is subject to the sale of the Buyer's home, as per attached
relating to the size/measurements of the Land and Buildings or the existence Sale of Buyer's Home Schedule. q Yes q No
or non-existence of any environmental condition or problem. Before 9 p.m. on ___________________________________________
7. ADDITIONAL TERMS (the "Condition Day").
7.1 All time periods, deadlines and dates in this Contract shall be strictly followed (e) Additional Buyer's Conditions: _______________________________
and enforced. All times will be Alberta time unless otherwise stated.
__________________________________________________________
7.2 This Contract is for the benefit of and shall be binding upon the heirs,
__________________________________________________________
executors, administrators and assigns of the individual parties and the
__________________________________________________________
successors and assigns of corporate parties.
__________________________________________________________
7.3 All changes of number and gender shall be made where required.
__________________________________________________________
7.4 This Contact will be governed by the laws of the Province of Alberta. The
__________________________________________________________
parties submit to the jurisdiction of the Courts in the Province of Alberta in any
dispute that may arise out of this transaction. __________________________________________________________
__________________________________________________________
7.5 The Schedules form part of this Contract:
__________________________________________________________
q Financing Schedule q Property Schedule
__________________________________________________________
q Addendum q Condominium Property Schedule
__________________________________________________________
7.6 Additional terms of sale (if any): ____________________________________
__________________________________________________________
______________________________________________________________
Before 9 p.m. on ____________________________________________
______________________________________________________________ (the "Condition Day").
______________________________________________________________
8.2 The Seller's Conditions are: _____________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________ ______________________________________________________________
8. CONDITIONS ______________________________________________________________
______________________________________________________________
8.1 The Buyer's Conditions are:
Before 9 p.m. on ________________________________________________
(a) Financing Condition (the "Condition Day").
The Buyer will apply and be approved for New Financing as follows:
8.3 Unless otherwise agreed in writing, the Buyer's Conditions are for the sole
l as per clause 2.2 (plus applicable mortgage insurance fee, if any) benefit of the Buyer and the Seller's Conditions are for the sole benefit of the
l interest rate not to exceed __________ percent a year calculated Seller.
semi-annually not in advance 8.4 The Buyer and the Seller may unilaterally waive or satisfy their Conditions by
giving a Notice to the other party (the "Notice") on or before the stated
l a term of not less than ______________________________ years Condition Day.
Monthly payment of principal and interest not to exceed $ ___________ 8.5 Provided that the Buyer or the Seller, as the case may be, uses reasonable
efforts to satisfy the Condition(s), if the Notice has not been given on or before
_________________________________________________________
the stated Condition Day, then this Contract is ended.
(including mortgage insurance fee, if applicable) for an amortization of
25 years. 9. REMEDIES/DISPUTES
The Buyer will pay for all costs associated with the New Financing. 9.1 If the Seller or the Buyer fails or refuses to complete this Contract according to
Before 9 p.m. on ___________________________________________ its terms, then the other party may pursue all available remedies. The Seller's
(the "Condition Day"). remedies include keeping the Deposits and claiming additional damages. Both
the Seller and the Buyer can claim reasonable costs including legal fees and
(b) Property Inspection Condition disbursements on a solicitor/client full indemnity basis.
This Contract is subject to the Buyer's approval of a Property Inspection, 9.2 If the Seller must restore title to the Property, enforce a lien against the
as per attached Property Inspection Schedule. q Yes q No Property or regain possession of the Property due to the Buyer's default, then
Before 9 p.m. on ___________________________________________ the Buyer will pay the Seller's reasonable costs including legal fees and
(the "Condition Day"). disbursements on a solicitor/client full indemnity basis.
Page 4 of 4
SALE OF BUYER’S HOME
This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________
Legal Legal
Condominium Plan(s) ________________________________________ Unit No.(s) ______________ Parking Unit(s) ________________
Other ___________________________________________________________________________________________________________
2. The Buyer's Home is listed (or will be listed within 24 hours of acceptance of this Contract) with:
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
3. "Sell the Buyer's Home" means the Buyer has signed a legally binding and enforceable contract and that all conditions have been either
satisfied or waived by a properly given notice.
4. The Seller's brokerage will continue to market the Property and the Seller may sign another Real Estate Purchase Contract (the "Second
Contract") until the Buyer gives notice (the "Notice") that all conditions have been satisfied or waived according to the Purchase Contract.
- the Seller will give notice (the Seller's Notice) to the Buyer; and
- within _______________ hours of receiving the Seller's Notice, the Buyer must give a Buyer's Notice waiving, as per the Contract,
all of the Buyer's Conditions contained in this Purchase Contract.
7. If the Buyer gives the Buyer's Notice properly, according to the Purchase Contract, then this Contract will be enforceable and will be completed
according to its terms.
8. If the Buyer fails to give the Buyer's Notice properly, then this Contract is ended, the Deposits must be returned to the Buyer as soon as
reasonably possible and the Buyer and the Seller will have no further obligations or liabilities under this Contract.
_________________________________________________ _____________________________________________________________
Buyer Witness
_________________________________________________ _____________________________________________________________
Buyer Witness
_________________________________________________ _____________________________________________________________
Seller Witness
_________________________________________________ _____________________________________________________________
Seller Witness
January 2004
SELLER’S NOTICE/BUYER’S NOTICE
For Use With “Sale of Buyer’s Home” Schedule
SELLER’S NOTICE
TO: _____________________________________________________________________________________________________ (Buyer)
The Residential Real Estate Purchase Contract # __________________________ accepted the _________________ day of
____________________________________________________________________________________, _________________ (the "Contract").
I/We have accepted another Residential Real Estate Purchase Contract (the "Second Contract") regarding the Property. You have
_________________ hours from receipt of this Seller's Notice to waive all of the Buyer's Conditions in the Purchase Contract.
If you do not give the Notice within the agreed time, then the Purchase Contract # ___________________________ is ended, the Deposits must
be returned to you as soon as reasonably possible and neither of us will have any further obligations or liabilities under the Contract.
_______________________________________________________ _____________________________________________________________________
Seller Witness
_______________________________________________________ _____________________________________________________________________
Seller Witness
BUYER’S NOTICE
I/We waive all of the Buyer's Conditions in the Purchase Contract # _____________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
_______________________________________________________ _____________________________________________________________________
Buyer Witness
_______________________________________________________ _____________________________________________________________________
Buyer Witness
OR
I/We agree that the Contract is ended and that you, the Seller, are free to proceed to complete the Second Contract.
_______________________________________________________ _____________________________________________________________________
Buyer Witness
_______________________________________________________ _____________________________________________________________________
Buyer Witness
Deposit Protection
The Builder confirms to the Purchaser(s) that it is a Registered Builder Member of The Alberta New Home Warranty Program
(the “Program”) and that payments made by the Purchaser(s) to the Builder are protected under the Deposit Protection of
the Program, subject to the terms, conditions, limits and exclusions of the Deposit Protection Certificate. The terms of the
Deposit Protection Certificate are printed on Schedule A.
Warranty
The Builder agrees to provide the Builder Warranty set forth in detail in the Warranty Certificate appearing on Schedule C of
this Agreement as the minimum requirement on the part of the Builder. The Builder may provide warranty coverage in addition
to the minimum required in the said Warranty and in such event, the additional warranty coverage shall be contained in an
addendum in writing signed by the Builder and attached to this Agreement. Additional coverage is provided solely by the
Builder and The Alberta New Home Warranty Program does not warrant the Home beyond the terms, conditions, limits and
exclusions contained in the Warranty Certificate appearing on Schedule C.
Arbitration
If any dispute arises between the Builder and the Purchaser(s) with respect to any matter in relation to this Agreement, the
dispute shall be settled through binding arbitration in accordance with arbitration rules adopted by The Alberta New Home
Warranty Program (the “Program”), provided that, where the dispute is in relation to the Builder Warranty, the dispute shall
not be referred to arbitration until it has first been referred to and reported on, under the conciliation procedure provided by
The Alberta New Home Warranty Program. A copy of the arbitration rules as adopted by The Alberta New Home Warranty
Program shall be furnished to both parties for the commencement of an arbitration, the selection of an agreed single arbitrator
and the arbitration hearing. It is expressly agreed that the arbitration by the single arbitrator shall be final and binding on both
parties.
Purchaser(s) Acknowledgment
The Purchaser(s) acknowledge(s) that it has read and understand the terms, conditions, limits and exclusions that
are specified in the Deposit Protection Certificate, Builder Performance Protection Certificate, and the Warranty
Certificate, as printed on Schedules A, B, and C, respectively.
__________________________________ __________________________________
DEPOSIT PROTECTION
The Alberta New Home Warranty Program (hereinafter called the “Program”) undertakes to and agrees with the Purchaser(s) (herein called
“Purchaser”) named in the Purchase Agreement or Construction Agreement to which this Certificate is appended (herein called the
“Agreement”) that, subject to the limits, conditions and exclusions set out below, if payment(s) paid by the Purchaser to the Builder become
legally refundable and the Purchaser is unable to collect from the Builder, the Program will pay the Purchaser’s actual loss.
1. Conditions
(a) In this Deposit Protection a “Deposit” is defined as only money (Canadian dollars) paid by the Purchaser to the Builder as a deposit
for the purchase of the Home under the Agreement. Only the initial Deposit and Deposit confirming removal or satisfaction of
conditions, as described and indicated in the Agreement and the Deposit Protection Receipt are covered. Things such as real or
personal property, trade in property of any kind, work, materials or services provided by the Purchaser, rentals, payments for use and
occupancy, or setoffs in favour of the Purchaser are not considered Deposits.
(b) The Builder must be a Registered Builder Member of the Program at the time the Deposit is made by the Purchaser and it is the
responsibility of the Purchaser to ensure that the Builder is a Registered Builder Member of the Program.
(i) claim against the Program for repayment of a Deposit within one (1) year from the date of the Agreement;
(ii) at the request of the Program, assign to the Program any security position, judgment, the Agreement, caveat or equity security
held under the Agreement or any contract with the Builder in the event of refund of a Deposit;
(iii) comply with all of the obligations, terms, covenants and conditions imposed upon them under the Agreement or this Deposit
Protection; and
(iv) ensure that the Program’s copy of the Deposit Protection Receipt is mailed or delivered to the Program within three (3) days
of the date that the Deposit Protection Receipt is signed by the Builder and the Purchaser.
(a) No claim may be made where the Purchaser has defaulted in any of the obligations under the Deposit Protection Receipt, the
Agreement or mortgage financing for the Home.
(b) No claim may be made by the Purchaser after the expiration of a period of one (1) year from the date of the Agreement.
(c) The Deposit Protection ends when all conditions are released on the Agreement, and thereafter the terms and conditions of the
Program’s Builder Performance Protection apply.
(d) The limit of liability of the Program, for all Deposit Protection Receipts issued pursuant to the Agreement, is to refund the lesser of:
the actual loss to the Purchaser for Deposit(s) made to the Builder; or 15% of the Total Price of the Home including Land under the
Agreement to a maximum of $60,000.00.
3. Arbitration
If any dispute arises between the Builder and the Purchaser or between the Program and the Purchaser with respect to any matter in
relation to this Deposit Protection, the dispute shall be settled by binding arbitration by a single arbitrator in accordance with the rules
adopted by the Program. It is expressly agreed that the arbitration by a single arbitrator shall be final and binding on the parties.
The Alberta New Home Warranty Program #201, 208 - 57 Avenue SW, Calgary, AB T2H 2K8
Telephone in Calgary: (403) 253-3636 or call toll free 1-800-352-8240
In Edmonton: (780) 484-0572 February 1996
Appendix A - Schedule B
1. completing the requirements of the Agreement in accordance with its terms, covenants and conditions; or
2. paying all sub-trades and suppliers (hereinafter called the "Sub-Contractors") according to law and in compliance with governing statutes;
the Program will, subject to the limits and conditions and exclusions set out below:
(a) settle as agent of the Purchaser any claims of any Sub-Contractors to the extent required of an owner under the Builders' Lien Act of Alberta
R.S.A. 1980 c. B-12 to clear title of any builders' liens filed against the Home being constructed under the Agreement; and
(b) complete the construction of the Home in accordance with the Agreement and the plans and specifications pursuant to the Agreement, subject
to any reasonable changes required as to the time of completion or other parts of the Agreement as might reasonably be required according
to the circumstances in the sole opinion of the Program.
(e) agree to subrogate their rights in law against the Builder, Sub- Builder default under the Agreement, giving rise to a claim for Builder
Contractors or any other third party in favour of the Program Performance Protection by the Program, occurs:
relating to the Agreement or sub-agreements of any kind, and (a) if after a payment by the Purchaser the Builder, in the sole
agree that the Program may carry on any court proceeding or arbitrary opinion of the Program, becomes insolvent or in any
arbitration in the name of and on behalf of the Purchaser at the way incapable of completing its obligations to the Purchaser, the
sole cost and expense of the Program; Program or others in a proper or timely manner;
Page 1 of 2
(b) if after the making of a payment to the Builder, the Builder (g) No claim may be made by the Purchaser under this protection
commits any act of fraud or a judgment of a court of competent with respect to: completion of the purchase of any real or
jurisdiction makes a finding of fraud (civil or criminal) against the personal property, such as a house, mobile home or otherwise
Builder; taken in trade pursuant to the Agreement; the guaranteed
purchase or sale of the Purchaser's real or personal property
(c) if the Builder commits any act of bankruptcy or becomes such as a house, mobile home or otherwise; mortgage buy-
bankrupt; downs; real estate commission; referral fees; mortgage
insurance fees (CMHC or otherwise); landscape deposit or any
(d) if the Builder fails to pay its Sub-Contractors promptly when due other deposits required by the developer of the lands for the
or permits builders' liens arising under the Builder to be filed Home; all of which are specifically excluded from this protection.
against the Home under construction for a period exceeding 30
days; (h) The Total Price required to be paid under the Agreement by the
Purchaser must be paid in Canadian dollars and any trades or
(e) if any final judgments or executions are obtained or taken
purchases of real or personal property between the Purchaser
against the Builder which are not settled, deferred or satisfied
and the Builder or others are excluded.
within any appeal period applicable to such judgments;
4. LIMITS AND EXCLUSIONS (c) after termination of the membership of the Builder in the
(a) No claim may be made under this protection where the Program the Purchaser elects to continue with the Builder for the
Purchaser has defaulted or is in breach of any of their construction of the Home; or
obligations pursuant to the Agreement or the requirements for
(d) the Purchaser knowingly enters the Agreement or any other
mortgage financing for the Home.
agreement with the Builder which is misleading, untrue, or
(b) No claim may be made by the Purchaser under this protection fraudulent resulting in damage, loss or excess cost to the
where the Purchaser has received a refund of any payment in Program or to a mortgage lender.
whole or in part under the Program's Deposit Protection.
(c) No claim may be made by the Purchaser under this protection 6. NO ASSIGNMENT
against the Program after the expiration of a period of one (1) This Builder Performance Protection cannot be assigned by the
year following the earlier of the date of the default by the Builder Purchaser without the written consent of the Program which consent
or the date of possession of the Home by the Purchaser. may be denied in the absolute discretion of the Program.
(d) The coverage granted under this protection by the Program is
limited to clearance of builders' liens and completion of
7. ARBITRATION
construction. The Program is not liable for any other damages,
costs or expenses whatsoever to the Purchaser arising from a If any dispute arises with respect to any matter in relation to this
default by the Builder. protection, the dispute shall be settled by binding arbitration by a
single arbitrator in accordance with arbitration rules adopted by the
(e) The limit of liability of the Program for the clearance of builders' Program.
liens and the completion of the Home under construction
(including reasonable excess legal costs of the Purchaser as It is expressly agreed that the arbitration shall be final and binding
approved by the Program to a maximum of' $3,000.00) is on all parties.
$30,000.00.
The costs of the arbitration, including the arbitrator's fee, shall be
(f) If in the sole opinion of the Program there has been minimal initial borne by the parties to the arbitration but a final award of costs shall
construction of the Home pursuant to the Agreement, then the be in the discretion of the arbitrator.
Program reserves the right to terminate this Builder
Performance Protection and provide only the required payment
to the Purchaser under the Program's Deposit Protection. December 2001
Page 2 of 2
Appendix A - Schedule C
1. DEFINITIONS
In this Warranty:
(a) “Arbitration” means a binding arbitration in accordance with the rules and procedures adopted by the Program;
(b) “Builder” is the Builder named on your Certificate of Possession;
(c) “Certificate of Possession” is the Program’s form of Certificate of Possession for the Home provided to the Homeowner by the Builder
on or about the actual Date of Possession of the Home by the Homeowner;
(d) “Conciliation” means an inspection and a written report issued by the Program that provides a binding decision regarding warranty
issues in dispute with respect to Defects and Structural Defects in the Home as provided in this Warranty Certificate. A Conciliation
includes, in the case of a Structural Defect, a written Structural Integrity Protection report;
(e) “Date of Possession” is the earlier of the date the Purchaser occupies the Home or the Date of Possession described in the Certificate
of Possession. The Purchaser shall sign a Certificate of Possession prior to taking possession of the Home. In the event that a
Certificate of Possession is not signed or provided to the Program, the Program shall, in its sole discretion, determine the Date of
Possession and such date shall be binding upon the Builder and the Purchaser;
(f) “Defects” are workmanship and material which are not in compliance with the Program’s Workmanship and Material Guidelines or were
noted on the Certificate of Possession and have not been resolved or are not in compliance with the Alberta Building Code in effect
as at the date the building permit was issued for the Home or any condition which renders the Home not fit for use as determined by
the Program in its sole discretion. Non-compliance with the Alberta Building Code is considered a Defect covered by this Warranty
only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to result in, material damage
to the Home;
(g) “Equipment” is all of the mechanical and electrical systems or equipment installed in the Home and without restricting the generality
of the foregoing, includes any mechanical, electrical, communication, security, elevator, heating, ventilating, irrigation or appliance
systems and components;
(h) “Home” is the residential dwelling constructed by the Builder at the address recorded on this Warranty Certificate and described in the
Certificate of Possession;
(i) “Homeowner” is the registered legal owner of the Home;
(j) “Load Bearing Part” is the support system of the Home capable of transmitting live and dead loads to the supporting ground as
determined by the Program from the plans and specifications of the Home and includes only the footings, piles, foundation walls, grade
beams, teleposts, load bearing walls, beams, floor systems and roof trusses;
(k) “Program” means The Alberta New Home Warranty Program;
(l) “Structural Defect” is a Defect in material or workmanship that results in damage due to the failure of a Load Bearing Part to provide
stable and adequate support in the Home or is not in compliance with the Alberta Building Code in effect as at the date the building
permit was issued for the Home. Excluded are driveways, decks, basement and garage floors, patios, sidewalks, retaining walls and
all other concrete work which is not a Load Bearing Part. Non-compliance with the Alberta Building Code is considered a Defect
covered by this Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to
result in, material damage to the Home.
2. BUILDER WARRANTY
(a) The Builder warrants that the Home was built to the construction standards of the Alberta Building Code in effect at the date the building
permit was issued for the Home.
(b) The Builder agrees to repair or replace Defects or Structural Defects in the Home where written notice has been given to the Builder
in accordance with paragraphs 4(a) and 4(b) below.
(c) The Builder shall assign to the Homeowner any limited warranty provided to it by a manufacturer or supplier. The scope of the Builder’s
obligation to the Homeowner under a manufacturer’s or supplier’s material warranty shall be limited to the terms and conditions
contained therein.
July 2001 Version The Alberta New Home Warranty Program Page 1 of 5
(d) The following are Not Defects or Structural Defects:
(i) Any workmanship, design or material, provided or contracted directly by the Homeowner with a supplier, manufacturer or
tradesperson;
(ii) Damage arising from improper or inadequate maintenance by the Homeowner including damage caused by, or resulting
from, failure to maintain proper grading of the ground, failure to make necessary telepost adjustments, water leakage or
drainage, inadequate water/moisture seals, or the failure of the Homeowner to repair and maintain the Home or mitigate any
damage thereto;
(iii) Damage caused by alterations or work done by the Homeowner or the agents or sub-contractors of the Homeowner;
(iv) Defects that were apparent and were accepted by the Homeowner at the Date of Possession;
(v) Normal cracks in plaster, drywall, paint, masonry, stucco, parging, ceramic tiles, grout and other cementious material and
concrete;
(vi) Normal shrinking and warping of material caused by drying after construction;
(vii) Normal soil movement or subsidence along utility lines or backfill consolidation of compaction around the Home;
(viii) Damage other than Structural Defects caused by soil movement or subsidence;
(ix) Damage arising from wear and tear, age or weathering;
(x) Damage arising from dampness, condensation or fungal or bacterial contamination;
(xi) Accidental loss or damage caused by a third party or from acts of nature such as, but not limited to: fire, explosion, smoke,
water escape, changes which are not reasonably foreseeable in the level of the underground water table, glass breakage,
windstorm, hail, lightning, falling trees, aircraft, vehicles, flood and earthquake;
(xii) A Defect in any workmanship or material specifically agreed between the Homeowner and the Builder is excluded from this
limited warranty;
(xiii) Any damage to the extent that it is caused or made worse by the Homeowner or a third party, including:
- Negligent or improper maintenance or improper operation of any Equipment by anyone other than the Builder or its
employees, agents or sub-contractors;
- Failure of anyone other than the Builder or its employees, agents, or sub-contractors to comply with the warranty
requirement of manufacturers of the Equipment or fixtures;
- Alterations to the Home or the Equipment by anyone other than the Builder or its employees, agents or sub-
contractors; or
- Changes or failing to maintain the grading of the lot for the Home;
(xiv) Matters directly or indirectly arising from or related to environmentally harmful substances or hazards, deleterious substances
or toxic conditions or materials on, in or about the Home regardless of the party responsible;
(xv) Any loss or damage which arises while the Home is being used primarily or substantially for non-residential purposes;
(xvi) Damage arising to the Home or the Equipment from the failure of the Homeowner to take timely action to prevent or minimize
loss or damage, including failure to give prompt notice to the Builder and the Program of a discovered loss or potential loss;
(xvii) Any damage caused by insects, rodents or other animals except where such damage results from a Building Code Defect;
(xviii) Bodily injury, emotional anguish, inconvenience, damage to personal property, economic loss or damage to real property
which is not part of the Home; and
(xix) Diminution in the value of the Home or the Equipment.
Page 2 of 5
(d) If the Home cannot be occupied during the warranty period because of a Defect or Structural Defect, the Program will reimburse the
Homeowner any increase in living and moving or storage expenses pre-approved by the Program in accordance with a schedule
adopted by the Program. The limit of these expenses shall be SIX THOUSAND ($6,000.00) DOLLARS.
(e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have
no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative, but the Program
may determine the reasonable costs associated with the repair or replacement of Defects or Structural Defects and in its sole
discretion the Program has the option to choose the alternative of paying monetary compensation to the Homeowner rather than
repairing or replacing Defects or Structural Defects. Any such payment by the Program shall be deducted from the limit of liability of
the Program referred to in paragraph 5(f) below and the Program and the Builder shall have no further liability for the Defect or
Structural Defect or any consequential damages arising therefrom for which compensation has been paid. The Program shall not be
liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in the value
of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property not
covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at the
sole expense of the Homeowner and not subject to reimbursement by the Program.
4. HOMEOWNER OBLIGATIONS
(a) The Homeowner shall:
(i) Immediately and within one (1) year from the Date of Possession, provide written notice to the Builder giving full details of any
Defect and not later than sixty (60) days after the end of that year give to the Program, in the Program’s form, written notice
of any Defect which has not been repaired or replaced by the Builder and make a written request for assistance of the Program
for Conciliation of the Defect;
(ii) Immediately and within five (5) years after the Date of Possession, provide a written request for assistance in the Program’s
form, to the Program, giving full details of any Structural Defect for Conciliation of the Structural Defect;
(iii) In cases of a dispute with the Builder, before using any other remedy, provide written notice to the Program for Conciliation of
the dispute, the decision of which shall be binding upon both the Builder and the Homeowner unless changed by Arbitration;
(iv) Not undertake any unilateral action or remedy without the prior written consent of the Program. The cost of such action and
any consequent liabilities arising therefrom, will be for the sole account of the Homeowner. Further, unilateral actions or
remedies undertaken by the Homeowner without the Program’s consent will be excluded from this warranty and may result in
this warranty being voided entirely;
(v) Allow timely, free and full access to the Home Monday through Friday, excluding statutory holidays, from 8:00 am to 5:00 pm
to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of monitoring
complaints or claims, inspecting for required maintenance, investigating warranty or claims issues, monitoring warranty or
claim issues, conducting further inspections as required, or to repair or replace Defects or Structural Defects; and
(vi) Have paid the full purchase price for the Home including all adjustments and extras to the Builder, any holdbacks for Defects,
deficiencies, seasonal deficiencies, or Builders’ liens being held in trust with the solicitor for the Builder or paid into the Court
of Queen’s Bench of Alberta.
(b) The Homeowner:
(i) Agrees that the Program upon making any payment or assuming liability under this Warranty Certificate protection coverage,
is subrogated to all rights of recovery of the Homeowner against any person, corporation or other entity who may have caused
or contributed to the occurrence of any liability under this coverage protection. The Program may bring action, at the
Program’s expense, in the name of the Homeowner or the Program to enforce such rights. The Homeowner shall fully support
and assist the Program in the pursuit of its subrogated rights; and
(ii) Acknowledges that any notice required to be given to the Program must in fact be given to the Program in the Program’s form
of written notice and within the time limits. Any notice given to the Builder is not effective notice to the Program.
Page 3 of 5
(e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have
no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative. The Program
shall not be liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in
the value of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property
not covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at
the sole expense of the Homeowner and not subject to reimbursement by the Program.
(f) The limit of liability of the Program for the costs of any and all repairs and third party investigation and consulting engineers under
this Warranty Certificate, including the first year Builder’s Warranty and the Standard Structural Warranty is SIXTY THOUSAND
($60,000.00) DOLLARS.
(g) The Home has been enrolled by the Program for Warranty Certificate coverage subject to the terms, conditions, exclusions and limits
of this Warranty Certificate.
6. TERMINATION OF WARRANTY
(a) This Warranty Certificate shall terminate automatically if:
(i) The Homeowner does not maintain the Home in a reasonable and prudent manner;
(ii) The Home is not used for residential purposes by the Homeowner, unless the Homeowner obtains the written consent of the
Program which consent shall be in the sole discretion of the Program;
(iii) The Homeowner fails to comply with the Homeowner Obligations in paragraph 4 above;
(iv) The Homeowner undertakes any unilateral action or remedy without the prior written consent of the Program, the cost of such
action and any consequent liabilities arising therefrom, will be for the sole account of the Homeowner and unilateral actions
or remedies undertaken by the Homeowner will be excluded from this Warranty Certificate and will result in the Program’s
Warranty Certificate being cancelled entirely.
(b) In any event, unless the Homeowner has met the written notice requirements and obligations to both the Builder and the Program in
paragraph 4 above, then the warranty obligations and liability of the Program to the Homeowner under this Warranty Certificate shall
be absolutely terminated:
(i) Sixty (60) days after the end of one (1) year from the Date of Possession with respect to the first year warranty in paragraph
3(a) above;
(ii) Five (5) years from the Date of Possession with respect to the Structural Warranty in paragraph 3(b) above;
(iii) Ten (10) years from the Date of Possession with respect to a Structural Warranty in paragraph 3(b) above that has been
extended by the payment of a non-refundable fee to the Program within the optional time period offered by the Program.
7. TRANSFER OF WARRANTY
If the legal title to the Home is transferred before the termination of this Warranty Certificate, then:
(a) All of the applicable unused benefits under this Warranty Certificate shall be automatically transferred to any subsequent Homeowner.
But whether disclosed or not, prior actions or obligations of the Homeowner shall be binding upon any subsequent Homeowner and,
in particular, any previous acts, omissions, defaults or agreements of any kind made by the Homeowner with the Builder or the
Program shall be binding upon any subsequent Homeowner;
(b) Each Homeowner shall promptly deliver this Warranty Certificate to any subsequent Homeowner and shall advise any subsequent
Homeowner of any matter that may affect or limit the coverage contained in this Warranty Certificate;
(c) All of the Homeowner Obligations contained in this Warranty Certificate shall be binding on any subsequent Homeowner.
8. CONCILIATION PROCEDURE
(a) If there is a dispute between the Builder and the Homeowner with respect to the Builder Warranty or any additional warranty provided
by the Builder, then either the Builder or the Homeowner must provide the Program with the Program’s form of written notice
requesting Conciliation of the dispute.
(b) With respect to Defects, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be received
by the Program not later than sixty (60) days after the end of one (1) year from the Date of Possession.
(c) With respect to a Structural Defect, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be
received by the Program not later than five (5) years from the Date of Possession, or not later than ten (10) years from the Date of
Possession if the Structural Defect Warranty has been extended as described in paragraph 6(b)(iii) above.
Page 4 of 5
(d) The Builder and the Homeowner must comply with the Program’s Conciliation procedures. Upon receiving the Program’s form of
written request for Conciliation, the Program will apprise the Homeowner and the Builder of the Program’s Conciliation procedures
which include, but are not limited to, the following conditions:
(i) The inspection and Conciliation procedures of the Program are mandatory before the Program will do any repair work;
(ii) No Conciliation will be commenced until the full purchase price for the Home has been paid in accordance with paragraph
4(a)(vi) above;
(iii) The Homeowner must allow reasonable access to the Home Monday through Friday, excluding statutory holidays, from 8:00
am to 5:00 pm to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of
inspection or repair;
(iv) A non-refundable fee specified by the Program must accompany submission of the Program’s form of written request for
Conciliation;
(v) The Program will provide a written Conciliation report to the Builder and the Homeowner;
(vi) A Conciliation decision shall be final and binding;
(vii) If repairs are necessary, the Program may conduct inspections of the Home until the work has been completed to the
Program’s satisfaction;
(viii) It is an absolute requirement (condition precedent) that prior to the Program commencing any remedial work or repairs, that
any outstanding monies due and owing to the Builder including holdbacks for Defects, deficiencies or otherwise as described
in 4(a)(vi) above must be unconditionally forwarded to the Program and disbursed in accordance with the written decision of
the Program unless the Builder or Homeowner proceeds to Arbitration, in which case the monies shall be disbursed in
accordance with the Arbitration proceedings.
9. ARBITRATION
(a) If any issue, with respect to anything in this Warranty Certificate or contained in a Conciliation report, is disputed, it shall be settled
by Arbitration by a single arbitrator in accordance with the Arbitration rules and procedures adopted by the Program. It is expressly
agreed that the Arbitration shall be final and binding on all parties.
(b) Payment of the costs of the Arbitration including: the arbitrator’s fees and expenses; the Arbitration application fee; and the law firm
administration fee, shall be the responsibility of the parties to the Arbitration but a final award of costs shall be in the discretion of the
arbitrator.
(c) The Homeowner, Builder or the Program may initiate an Arbitration. The application to arbitrate must be commenced by completing
an Application to Arbitrate in the form approved by the Program and submitting the Application to Arbitrate and a non-refundable
application fee to a law firm designated by the Program not later than thirty (30) days from the date of the Program’s Conciliation
report.
10. NOTICE
Any notice required to be given must be given in writing and mailed or delivered at the addresses indicated in the Certificate of Possession
for the Homeowner and the Builder. The Program’s address is:
Calgary
#201, 208 - 57 Avenue S.W.
Calgary, AB T2H 2K8
Edmonton
#201, 10335 – 172 Street
Edmonton, AB T5S 1K9
Any notice delivered by mail shall be deemed to have been received five (5) days after it has been posted in a prepaid addressed envelope.
Page 5 of 5
Appendix B
NATIONAL HOME WARRANTY PROGRAM
ADDENDUM TO PURCHASE AGREEMENT
LIMITED WARRANTY CERTIFICATE - SINGLE-FAMILY RESIDENTIAL UNIT
1. DEFINITIONS - In this Limited Warranty: “Structural Defect Warranty Period” means the period commencing on the
“Arbitration” means a binding arbitration in accordance with the rules adopted Possession Date of the Residential Unit and ending five (5) years from the
by the Program. Possession Date.
“Builder” means the Builder named in the Contract and on the Certificate of “The Program” means National Home Warranty Programs Ltd.
Possession.
2. BUILDER’S OBLIGATIONS AND WARRANTY
“Certificate of Possession” means the Certificate that is to be dated and a) The Builder warrants that the Residential Unit was constructed in accordance
executed by the Builder and Purchaser on the Possession Date. with the Alberta Building Code requirements and standards in effect at the time
“Conciliation” means an inspection and a written report issued by the Program the building permit was issued for the Residential Unit.
that provides a binding decision regarding warranty issues in dispute between the b) The Builder agrees to repair or replace Defects listed and attached to the
Builder and the Purchaser. Certificate of Possession in a timely and efficient manner.
“Contract” means a written agreement made between the Builder and the c) Defects to the Residential Unit will be repaired or replaced where such Defects
Purchaser wherein the Builder agrees to construct or sell to the Purchaser a occur within one (1) year following the Possession Date, provided that the
Residential Unit built in accordance with the plans and specifications or model Purchaser has complied with all those obligations as set out in Paragraph 4,
referred to in the agreement. following;
“Contractual Completion Warranty Period” means the period commencing on d) The following are not Defects;
the date construction of the Residential Unit begins and ending on the earlier of i) Normal cracks in plaster, paint, drywall, masonry, stucco and concrete work
(i) the date the Residential Unit is occupied by the Purchaser, or (ii) the date the including without limitation, cracks in basement floors, garage floors, retaining
Residential Unit is complete and ready for occupancy by the Purchaser, or (iii) the walls, patios, sidewalks and driveways;
date the unit is complete and title is transferred from the Builder to the Purchaser ii) Normal shrinkage or warping of materials;
at the appropriate Land Title Office. iii) Defects arising from normal wear and tear or improper and inadequate
“Defects” means workmanship or materials supplied which are not in maintenance by the Purchaser including damage caused by, or resulting from,
compliance with the Program’s Defect Guidelines or were noted on the dampness or condensation due to the failure of the Purchaser to maintain
Certificate of Possession and have not been resolved or are not in adequate heat and/or ventilation;
compliance with the Alberta Building Code in effect as at the date the building iv) Defects in workmanship, materials or alterations supplied or made by the
permit was issued or any condition which renders the Residential Unit not fit for Purchaser;
its intended use as determined by the Program in its sole discretion. Non- v) Damage caused by the Purchaser at the time of the move-in;
compliance with the Alberta Building Code is considered a Defect covered by this vi) Damage caused by Soil Movement around the Residential Unit or utility lines
Limited Warranty only if the non-compliance constitutes an unreasonable health other than Structural Defects;
or safety risk, or has resulted in material damage to the Residential Unit. vii) Defects accepted by the Purchaser at the Possession Date that were then
“Defect Warranty Period” means the period commencing on the Possession apparent.
Date of the Residential Unit and ending one (1) year from the Possession Date.
3. PROGRAM WARRANTY
“Deposit” means money paid by a Purchaser to a Builder as a deposit only,
In order for the warranties provided in this document to be binding upon the
pursuant to the terms of a contract.
Program, the Purchaser must not be in default of any, some or all of those
“Deposit Receipt” means a receipt in the form provided by the Program to be
obligations set out in Paragraph 4 of this Limited Warranty Certificate.
executed by the Purchaser and the Builder for money paid to the Builder by the
The Program shall indemnify the Purchaser, subject to the exclusions, limitations
Purchaser as a Deposit.
and conditions set out in this Limited Warranty where a claim for direct loss is
“Deposit Warranty Program” means the period commencing on the date the made within the Deposit and Contractual Completion Warranty Period, Defect
Program receives confirmation of Deposit Coverage under the Limited Warranty Waranty Period or Structural Warranty Period.
from the Builder and ending on the date construction of the Residential Unit Subject to the exclusions, limitations and conditions set out in this Limited
commences. Warranty, the Program shall only be liable for the limit specified below in respect
“Possession Date” means the date of possession set forth in the Certificate of of all claims made by the Purchaser under each coverage listed;
Possession. a) Deposit Coverage Warranty
“Purchaser” means any person owning the Residential Unit and named in the The Program will pay to the Purchaser any portion of a Deposit which at law is
contract with the Builder for the construction of the Residential Unit, for the refundable to the Purchaser under the Contract and is not recovered from the
purpose of residential occupancy by the Purchaser. Builder as a result of the bankruptcy, insolvency, liquidation or winding up of the
“Residential Unit” means the home, constructed for the purpose of residential Builder providing the claim therefor is made to the Program within one year from
occupancy by the Purchaser, that is the subject matter of this Limited Warranty the date of the Contract. The maximum obligation of the Program for Deposit
Certificate. Coverage is Twenty Five Thousand Dollars ($25,000.00).
“Soil Movement” means the subsidence, expansion or lateral movement of soils b) Contractual Completion Warranty
immediately supporting or surrounding any load bearing portion of a Residential The Program will provide protection to the Purchaser for damages caused by the
Unit but excludes soil movement caused by flood, earthquake, landslide or act of Builder’s failure to complete the construction of the Residential Unit as a result of
God. the bankruptcy, insolvency, liquidation or winding up of the Builder providing the
“Structural Defect” means a Defect in a load bearing component of a claim therefor is made to the Program within the Contractual Completion
Residential Unit which will impair the overall structural integrity and stability of the Warranty Period.
Residential Unit but excludes driveways, basement floors, garage floors, carport The Program will pay reasonable legal costs not to exceed $3,000.00 to remove
slabs, sidewalks, retaining walls, septic tanks and fields or any other construction liens from the Purchaser’s title.
which by its use, uses or intended uses are not load bearing. For the purposes of The maximum obligation of the Program for damages resulting from the Builder’s
this Limited Warranty Certificate “Load Bearing” means the piles, footings, failure to complete the construction of the Residential Unit and to clear builder
foundation walls, grade beams, teleposts, bearing walls, floor joists, posts and liens with respect to the Residential Unit shall not exceed, in the aggregate, the
beams, and roof trusses. sum of Twenty Five Thousand Dollars ($25,000.00).
Page 1 of 2
The Purchaser cannot make any claims under the provisions of Paragraph 3(b), 6. TRANSFER OF LIMITED WARRANTY
above, WHERE: To effect a transfer of the Limited Warranty the home, named in the contract with
a) The Deposit has been returned to the Purchaser; the Builder and the original Purchaser, must have been completed by the Builder
b) The Purchaser fails to comply with any and all laws, statutes or statutory or and occupied by the original Purchaser named in the contract with the Builder. In
legal obligations which are designed and intended for the benefit of the the event there is a transfer of ownership of the Residential Unit during the term
Purchaser pursuant to the Contract or any law or statute or legal practice or of this Limited Warranty, then all remaining benefits under this Limited Warranty
standard regulating the activities and matters, i.e. Holdbacks (lien or seasonal); shall accrue to the new owner who will be bound by all the Purchaser obligations
c) One (1) year has elapsed following the Default of Builder set out herein. The new owner shall not be entitled to any benefits under the
d) Possession of the Residential Unit has been taken by the Purchasers; Limited Warranty that would not have accrued to the Purchaser had the
e) Any claim is made for any matter beyond the warranty provided by this Purchaser retained ownership of the Residential Unit.
document;
f) If the Purchaser continues to deal with the Builder for completion of the 7. CONCILIATION
Residential Unit even after termination of the Builder’s registration with the a) In the event of a dispute between the Builder and the Purchaser which cannot
Program; be settled between them with respect to the Builder’s performance of its one (1)
c) Defect and Structural Defect Warranty year warranty, either party shall submit in writing to the Program for conciliation.
The Program will: This shall be done within sixty (60) days of the end of the one (1) year warranty
a) fulfill the one (1) year warranty of the Builder as set out in Paragraph 2 of this supplied by the Builder. This procedure is a pre-requisite of the Program
document if the Builder fails to do so; accepting responsibility pursuant to Paragraph 3 of this Limited Warranty;
b) repair Structural Defects which occur during the four (4) year period following b) The Conciliator shall be named by the Program and shall have such powers
the expiration of the Builder’s warranty; as is necessary, and without limitation the right of reasonable access to the
The decision to correct a Defect or Structural Defect is in the sole discretion of Residential Unit to conduct inspections, in order to make a proper determination
the Program. This can only be changed by Conciliation; of the dispute. Both the Builder and the Purchaser shall make representations to
d) Additional Living Expenses Coverage the Conciliator in the manner directed by the Conciliator.
If the Residential Unit becomes uninhabitable due to a Defect or Structural c) The Conciliator shall make a determination and advise both parties in writing
Defect, for such period as is reasonably required to repair the Defect or Structural of the decision, including the work to be done, if any, and by whom.
Defect, pay compensation for additional living and moving expenses in an d) If it is determined that there is remedial work to be done the Program shall
amount not to exceed Five Thousand Dollars ($5,000.00), q subject to prior conduct such inspections as are necessary, in the absolute discretion of the
approval of the Program q. Program, until the work to be completed has been done.
e) The decision of the Conciliator shall be final and binding upon all parties hereto
The maximum obligation of the Program, pursuant to Paragraphs 3(b), 3(c) and unless changed by the decision of an arbitrator.
3(d) above, shall not exceed in the aggregate, the sum of Fifty Thousand Dollars f) It is an absolute requirement (condition precedent) to any remedial work or
($50,000.00). repairs by the Program, that should the Purchaser be holding back payment of
any monies due and owing to the Builder for any claimed defect or deficiency
4. PURCHASER OBLIGATIONS then such monies shall be paid into trust at the direction of the Program prior to
In order for Parts 3(c) and 3(d) of this Limited Warranty to be in effect the the commencement of any remedial work or repairs. The monies shall be held in
Purchaser shall: trust and disbursed in accordance with the written decision of the Program unless
a) execute a Certificate of Possession provided by the Builder; the Builder or the Purchaser proceed to arbitration, in which case the monies
b) maintain the statutory lien fund; shall be disbursed in accordance with an arbitration award pursuant to Paragraph
c) use the Residential Unit only as a residence; 8 (Arbitration).
d) not remove the Residential Unit from its foundation;
e) properly maintain the Residential Unit; 8. ARBITRATION
f) immediately and within one year from the Possession Date contact the Builder a) If any issue contained in the conciliation report is disputed, it shall be settled
in writing giving full details of any Defect or Structural Defect. If the Builder fails by binding arbitration by a single arbitrator in accordance with the rules adopted
to respond in a reasonable period of time the Purchaser shall notify the Program by the Program.
in writing giving complete details within sixty (60) days of the first anniversary of b) The homeowner, Builder or the Program may initiate an arbitration by making
the Possession Date; a written request and submitting it and the appropriate non-refundable fee to the
g) immediately and within five (5) years after the Possession Date contact the law firm designated by the Program not later than 30 days from the date of the
Program in writing giving full details of any Structural Defects; conciliation report.
h) in the event of a dispute concerning the Builder’s performance of its one (1) c) The cost of the arbitration, including the arbitrator’s fee, shall be borne by the
year warranty, before using any other remedy, proceed to conciliation, all in parties to the arbitration. A final award of costs shall be at the discretion of the
accordance with the procedures set out in this Certificate; arbitrator. It is expressly agreed that the arbitration shall be final and binding on
i) maintain and ensure that drainage of surface water shall be away from the all parties.
foundation walls of the Residential Unit;
j) cooperate with the Program upon the Builder’s default, including the execution 9. SUBROGATION
of such agreements and documents as may reasonably be required by the The Purchaser(s) hereby subrogate(s), in favour of the Program, all their rights
Program to fulfill its obligations under this Limited Warranty; against the Builder, sub-trades or any third party relating to the Contract and
k) fully cooperate with the Builder, sub-trades and the Program in permitting hereby further agrees that the Program shall have the full right and power to carry
them, or any of them, to obtain easy access in order to repair or replace a Defect on any judicial or other proceeding(s) in the name of the Purchaser(s).
or Structural Defect;
l) not be in default of any of these obligations and the Contract. I/We acknowledge that I/We have read this Limited Warranty Certificate
disclosed to me/us by the Builder on this ______________ day of
5. LIMITATION AND EXCLUSIONS __________________________________________________, 20__________.
a) The Warranty contained in this Limited Warranty Certificate is the only
Warranty that is binding upon the Builder and the Program. Purchaser: ______________________________________________________
b) This Limited Warranty covers repairs to the Residential Unit and the Program
is not liable for any other property damage or personal injury. Purchaser: ______________________________________________________
Page 2 of 2
Appendix C
Limited Warranty Certificate Page 1
1.0 Definitions
The following words and phrases when used in this Limited Warranty Certificate shall have the following meanings unless the context
otherwise requires:
1.1 “Builder” means the builder or contractor described in the Possession Certificate and/or declaration page attached to this
Limited Warranty Certificate;
1.2 “Building Code” means the provincial building code applicable to construction of the Residential Unit and in force at the time
the building permit was issued for the Residential Unit;
1.3 “Contract” means the written agreement made between the Builder and the Purchaser for construction or sale to the Purchaser
of a Residential Unit;
1.4 “Defect” means any work and materials which fail to comply with the Building Code;
1.6 “Possession Certificate” means the Possession Certificate in the form provided by RWC which is to be dated, completed and
executed by the Builder and Purchaser on the Possession Date;
1.7 “Possession Date” means the date of possession stated in the Possession Certificate;
1.8 “Purchaser” means a person who has entered into a Contract with the Builder;
1.9 “Program” means the single family residential warranty program administered by RWC;
1.10 “Residential Unit” or “Unit” means a detached or semi-detached single-family dwelling or duplex newly constructed by the
Builder and not occupied prior to the Possession Date but does not include any swimming pool, site grading or surface
drainage, landscaping, shrubbery, flowers, trees, patio, driveway, sidewalk, retaining wall, fence, septic tank or field, water well,
or detached garage, carport or outbuildings, or a condominium unit;
1.11 “RWC” means Residential Warranty Company of Canada Inc., the corporation which administers the Warranty on behalf of the
Builder and Warranty Insurer;
1.12 “Structural Defect” means any defect in the following load bearing components of a Residential Unit which impairs the structural
integrity of the Residential Unit: piles, footings, foundation walls, grade beams, teleposts, bearing walls, floor joists, girders,
posts and beams, and roof trusses, but excludes driveways, basement floors, garage floors, patios, sidewalks, retaining walls,
swimming pools, and all other concrete work which is not load bearing;
1.13 “Warranty” means the warranty obligations of the Builder and the Warranty Insurer set forth in the Limited Warranty Certificate;
and
1.14 “Warranty Insurer” means the insurance company that underwrites the Warranty.
2.1 The Builder warrants to the Purchaser that the Residential Unit was constructed in compliance with the Building Code.
2.2 Subject to the terms, conditions, exclusions and limitations contained in this Limited Warranty Certificate, and providing the
Purchaser has complied with the obligations set forth in Section 6 hereof, the Builder agrees to:
2.2.1 Complete seasonal and other deficiencies stated on the Possession Certificate in a timely manner; and
2.2.2 Repair Defects and Structural Defects in the Residential Unit which are reported to the Builder in writing within one
(1) year following the Possession Date.
2.3 The Builder shall assign to the Purchaser all manufacturers’ warranties on products supplied by the Builder.
3.0 Proscriptions
The following are not Defects or Structural Defects in the Residential Unit within the meaning of this Limited Warranty Certificate, and
are not covered by the Warranty:
3.2 Normal cracks in plaster, paint, drywall, masonry, stucco and concrete;
3.4 Defects arising from improper maintenance of the Residential Unit by the Purchaser, or resulting from inadequate heat or
ventilation;
3.6 Defects or Structural Defects apparent on the Possession Date and accepted by the Purchaser.
Subject to the terms, conditions, exclusions and limitations set forth in this Limited Warranty Certificate, and providing the Purchaser has
complied with the obligations set forth in Section 6 of this Limited Warranty Certificate:
4.1.1 The Warranty Insurer agrees to repair Defects and Structural Defects that have not been repaired by the Builder
within the first year following the Possession Date which are reported in writing to RWC within thirty (30) days
following the first anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Two
Hundred and Fifty ($250.00) Dollars.
4.1.2 The Warranty Insurer agrees to repair Structural Defects that become apparent within nine (9) years following the first
anniversary of the Possession Date which are reported in writing to RWC immediately and within thirty (30) days
following the tenth anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Five
Hundred ($500.00) Dollars.
4.2.1 The Warranty Insurer’s liability under Section 4.1 for repair of Defects and Structural Defects is limited to and shall
not exceed Sixty Thousand ($60,000.00) Dollars in the aggregate.
4.3.1 If the Builder defaults under the Contract or builders’ liens are registered against title to the Residential Unit and the
Builder becomes insolvent or subject to the provisions of the Winding Up Act or the Bankruptcy and Insolvency Act,
or is liquidated or a receiver or receiver manager is appointed in respect to the assets of the Builder, then, subject to
the limitations, exclusions and conditions set forth in Section 4.3 hereof, the Warranty Insurer agrees to:
4.3.1.1 Complete construction of the Residential Unit in accordance with the Contract, subject to any amendments
thereto as are deemed necessary by the Warranty Insurer regarding the completion date; and
4.3.1.2 Discharge from title to the Residential Unit builders’ liens registered thereon in connection with
improvements made to the Residential Unit under the Contract.
4.3.2 The Warranty Insurer’s liability under Sections 4.3.1.1 and 4.3.1.2 for completion of the Residential Unit and
discharging liens from title thereto is limited to and shall not exceed the sum of Twenty-Five Thousand ($25,000.00)
Dollars in the aggregate.
4.3.3 The Purchaser cannot make any claim against the Warranty Insurer under Section 4.3, Contract Completion, where:
4.3.3.1 Any deposit or portion thereof paid under the Contract has been returned to the Purchaser;
4.3.3.2 The Purchaser is in default under the Contract or any obligation of the Purchaser set forth in this Limited
Warranty Certificate;
4.3.3.3 A period of one (1) year has expired since the date of the Builder’s default under the Contract or the date
on which the Purchaser took possession of the Residential Unit;
4.3.3.4 The Purchaser fails to comply with the Builders’ Lien Act of Alberta or similar legislation in the jurisdiction in
which the Residential Unit is located, or adhere to or utilize standard legal practice customarily used in the
jurisdiction where the Residential Unit is located to protect a Purchaser in respect to deficiencies under the
Contract or title to the Residential Unit; or
4.3.3.5 The Builder is not a member of the Program when the Contract is signed by the Purchaser.
4.4.1 In the event the Residential Unit becomes uninhabitable due to a Defect or Structural Defect, the Warranty Insurer
agrees to pay to the Purchaser additional living and moving expenses incurred by the Purchaser of up to One
Hundred ($100.00) Dollars per day, providing those expenses are pre-approved in writing by the Warranty Insurer.
4.4.2 The Warranty Insurer’s liability under Section 4.4 is limited to and shall not exceed an aggregate maximum limit of Six
Thousand ($6,000.00) Dollars.
The Warranty Insurer agrees to repair Defects in the electrical, plumbing and heating systems incorporated into the
Residential Unit where such Defects become apparent and are reported to RWC in writing within one (1) year
following the first anniversary date of the Possession Date, subject to a deductible payable by the Purchaser of Five
Hundred ($500.00) Dollars.
The Warranty Insurer agrees to repair the foundation of the Residential Unit if water penetrates the foundation and
causes material damage, where such water penetration or resulting damage becomes apparent and is reported to
RWC within four (4) years following the first anniversary date of the Possession Date, subject to a deductible payable
by the Purchaser of Five Hundred ($500.00) Dollars.
The decision of RWC regarding correction of any Defect or Structural Defect shall be final and binding on the Purchaser.
5.1 If an unresolved dispute arises between the Builder and the Purchaser regarding the Builder’s obligations under the Warranty,
either the Builder or the Purchaser may submit the matters in issue to RWC for final resolution.
5.2 RWC shall review the matters in issue and conduct such inspections of the Residential Unit as it deems necessary, with the
cost of such inspections to be borne by the Purchaser and/or Builder as determined by RWC.
5.3 In order to inspect reported Defects, access to the Residential Unit shall be given to RWC and/or its consultants during normal
business hours upon request.
5.4 Within thirty (30) days following inspection of the Residential Unit by RWC and/or its consultants, RWC shall issue a written
report on the matters in issue and provide the Builder and Purchaser with a copy of the report. The recommendations and
conclusions of RWC set forth in the report shall be final and binding on the Builder and the Purchaser.
5.5 If the report of RWC calls for repairs, the Purchaser shall give the Builder, RWC and its agents and subcontractors access to
the Residential Unit during normal business hours to undertake the repairs.
5.6 Commencement of court proceedings or other legal action by the Purchaser in respect to this Warranty shall void the Warranty
coverage in all respects.
6.1 Within one (1) year from the Possession Date, if any Defect in the Residential Unit is discovered, immediately advise the
Builder in writing of the details of the Defect. If the Builder fails to respond or remedy the Defect, the Purchaser shall give RWC
written notice setting forth the details of the Defect within thirty (30) days following the first anniversary of the Possession Date.
6.2 Within ten (10) years from the Possession Date, if any Structural Defect in the Residential Unit is discovered, immediately
advise RWC in writing of the details of the Structural Defect.
6.4 In the case of a claim arising under Section 4.3 of this Limited Warranty Certificate:
i) transfer and assign to the Warranty Insurer all legal rights and remedies the Purchaser has at law against the Builder
and subcontractors under or in relation to the Contract; and
ii) pay to or to the order of RWC or the Warranty Insurer the unpaid balance of the Purchase Price under the Contract
including holdbacks under the Builders’ Lien Act of Alberta.
6.5 Refer all unresolved disputes regarding the Warranty to RWC for investigation and final resolution.
7.1 No repairs or remedial work will be undertaken by the Warranty Insurer unless:
7.1.1 Written notice of the Defect or Structural Defect has been given to the Builder and RWC within the time limits
specified in this Limited Warranty Certificate; and
7.1.2 RWC has investigated or caused to be investigated the Defect or Structural Defect and the written report of RWC
requires that Defect or Structural Defect to be repaired.
The conditions set forth in Sections 7.1.1 and 7.1.2 hereof are conditions precedent which must be satisfied before any
corrective action or remedial work is undertaken or performed by the Warranty Insurer.
7.2 The Warranty contained in this Limited Warranty Certificate is the only warranty binding upon the Builder and the Warranty
Issuer.
7.3 The Warranty in this Limited Warranty Certificate covers repairs to the Residential Unit only, and the Warranty Insurer is not
liable for property damage or damages resulting from physical injury or death of any person, or for any consequential damages
whatsoever.
7.4 The aggregate maximum liability of the Warranty Insurer for all claims arising under this Limited Warranty Certificate shall be
limited to and shall not exceed One Hundred Thousand ($100,000.00) Dollars.
7.5 RWC is the administrator of the Warranty, and shall not under any circumstances be liable for performance of any obligation
of the Builder or the Warranty Insurer under this Limited Warranty Certificate.
8.1 The Residential Unit is not used as a single family residence or is not properly maintained;
8.2 All or any portion of the deposit paid under a Contract has been refunded to the Purchaser; or
8.3 The Purchaser fails to provide the Builder and RWC with the written notices required of the Purchaser within the time period
specified in this Limited Warranty Certificate.
9.0 Subrogation
In the event RWC or the Warranty Insurer repairs any Defect or Structural Defect, RWC and the Warranty Insurer shall be subrogated
to all the Purchaser’s rights of recovery therefor against the Builder or any third party, and the Purchaser agrees to execute and deliver
any and all documents and take any and all action as may be necessary to secure such rights, and shall do nothing to prejudice such
rights of subrogation.
10.0 Notices
Any notice required or permitted to be given to RWC by the Purchaser must be in writing and given within the time limits prescribed in
this Limited Warranty Certificate.
Any unused portion of this Warranty shall extend to subsequent transferees of the Residential Unit, subject to the Purchaser’s
obligations set forth in this Limited Warranty Certificate.
Brokerage Name:
Broker’s Name:
Address:
Bus.: ( ) Fax.: ( )
Email:
Industrial %
Commercial %
Investment %
Development Land %
Agricultural Land %
Recreation %
Residential (incl. Acreage) %
3. VOLUME OF LEASING AND SUBLEASING BUSINESS IN THE PAST TWELVE MONTHS
Retail m2
Office m2
Industrial m2
5. ADDITIONAL CREDENTIALS/EXPERTISE
(FRI, CCIM, FRAP, belongs to a national marketing network, etc.)
Note: Selected REALTORS will be asked by the Province to provide: 1. Comparative Market
Evaluation (CME) for each of the properties to be sold, and 2. Bi -weekly or monthly activity
reports identifying the number of showings and the number of calls received on each
listing.)
6. CANDIDATE MARKETING EXPERIENCE
On the attached spreadsheet detail the history of your past listings and sales (minimum one year, three years preferable).
Listing/Sale/Dual should be indicated as follows:
Listing: Your listing, sold by another individual
Sale: Your sale of another individual’s listing
Dual: You sold your own listing
Property Type Address City/Town Property Description Listing/Sale/ Date Sale Price
Dual
Industrial 123 Any Street Somewhere 15,000 sq.ft. shop on 2 acres land Dual July, 1999 $450,000
Property Address:
Before accepting any money in connection with the carrying on of the business of an industry member, an industry
member shall provide to the person on whose behalf the industry member is acting and any other person who is
providing the money, full particulars in writing of:
a) any direct or indirect interest that the industry member or any associate within the meaning of the Securities Act or
any officer, director or manager of the industry member or associate or, where the industry member is a partnership,
any partner in the partnership, has or may acquire in the transaction.
and:
A REALTOR shall not present an offer or acquire an interest in property either directly or indirectly for himself, any
member of his or her immediate family or any entity in which the REALTOR has a financial interest, without making
the REALTOR’s position known to the seller in writing. In selling/leasing property owned by the REALTOR, or in
which the REALTOR has an interest, the interest shall be revealed to the Buyer/Tenant in writing.
I am acquiring an interest in the above mentioned property for my personal gain or loss and may resell the property at
any time in the future. I am registered under the Real Estate Act of Alberta, and as such am making this statement for
the purpose of complying with the Act and its provisions.
June 2002
BUILDER / REALTOR REGISTRATION FORM
DATE ____________________________
___________________________________ ___________________________________
Client REALTOR
============================================================================
Company ________________________________________________________________
It is acknowledged that a Builder/Developer Purchase Agreement will be required to identify the terms of
the sale between the Buyer and the Builder/Developer. ____ Buyer
____ REALTOR
============================================================================
________________________________________________________________
Commission ________________________________________________________________
Special Terms
or Conditions ________________________________________________________________
Expiry Date
of Registration ________________________________________________________________
Commission Payout
Schedule ________________________________________________________________
CREB® / CRHBA Form
Builder’s Representative Signature ____________________________________ 03/00
This is a REALTOR LinkTM print-only version. Original form is in triplicate: Builder Copy / REALTOR Copy / Buyer Copy
CONDOMINIUM SELLER’S
PROPERTY DISCLOSURE STATEMENT
Purpose of Statement
This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. Some of the
questions below may require examining the condominium plan or plans before they can be properly answered. This disclosure statement
constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the Buyer.
The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).
1. If your unit is a bareland condominium, do you have a real property report that reflects the current
state of improvements on the unit (e.g. the dwelling, fences, decks, sheds, etc.)? Y N ? n/a
If yes, does the report have a stamp of compliance? Date ____________________________________ Y N ? n/a
2. Did you have a property inspection report completed when you purchased this unit? Y N ? n/a
If yes, did it indicate any significant repairs that have not been done? Y N ? n/a
3. To the best of your knowledge, are the exterior walls of your unit above the basement level insulated? Y N ? n/a
4. To the best of your knowledge, are the basement walls of your building insulated? Y N ? n/a
5. To the best of your knowledge, is the ceiling insulated? Y N ? n/a
6. Has the wood stove/fireplace and/or insert been inspected and approved by local authorities? Y N ? n/a
7. Is the security system subject to a payout if the new buyer does not continue the present contract? Y N ? n/a
If yes, how much is the buyout? _________________________________________________________
8. Are all items to be included in the transaction free and clear of all encumbrances? Y N ? n/a
If no, list items _______________________________________________________________________
9. Is any portion of the common property leased to you or another unit owner or any other party? Y N ? n/a
If yes, is it a parking stall? a storage unit? other? ________________________
10. Have any special resolutions been passed by the corporation? Y N ? n/a
11. In what year was the last change in your condominium bylaws registered? _______________________
12. Is the Property subject to a recreational agreement? Y N ? n/a
13. Have you received any notice or claim affecting your unit or the Property from any person or entity? Y N ? n/a
14. Are you aware of any alterations to or on your unit made without a required permit? Y N ? n/a
If yes, was an electrical inspection done? Y N ? n/a
15. Are you aware of any problems with the heating/air conditioning/ventilation system of your unit? Y N ? n/a
16. Are you aware of any problems with the plumbing system of your unit? Y N ? n/a
17. Are you aware of any problems with your unit’s electrical system, panel, switches or receptacles? Y N ? n/a
18. Are you aware of any problems with the jetted tub or hot tub? Y N ? n/a
19. Are there any hidden defects under the floor coverings or in the walls? Y N ? n/a
20. Are you aware of any roof leakage or unrepaired damage? Y N ? n/a
21. Are you aware of any moisture and/or water problems in the unit or any other part of the complex? Y N ? n/a
22. Are you aware of any past or present flooding or drainage problems in or around the unit? Y N ? n/a
23. Are you aware of any problems with any appliances/mechanical items to be included in this transaction? Y N ? n/a
24. Are you aware of any changes made to common areas adjoining your unit that are in contravention of
the registered bylaws of your condominium corporation? Y N ? n/a
The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).
25. Are you aware of any special assessments approved or pending for the corporation? Y N ? n/a
26. Are you aware of any unregistered encroachments, easements or rights-of-way? Y N ? n/a
27. Is post tensioned cable used in the structure of any portion of your condominium? Y N ? n/a
28. Are you aware of any structural deficiencies in the complex? Y N ? n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problems? Y N ? n/a
30. Are you aware of any problems with retaining walls cracking or bulging? Y N ? n/a
31. Are you aware of any problems with the common heating/air conditioning/ventilation system? Y N ? n/a
32. Are you aware of any problems with the common plumbing system? Y N ? n/a
33. Other than those stated above, are you aware of any other latent (hidden) defects on the Property? Y N ? n/a
34. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? Y N ? n/a
35. Are you aware if an environmental audit has ever been completed for the complex? Y N ? n/a
The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s brokerage on the
___________ day of __________________________, ___________. The Buyer also acknowledges that this is not a warranty of any kind by the
Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any inspection or warranties the Buyer may wish
to obtain. The prudent Buyer will use this disclosure statement as the starting point for its own inquiries.
The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or guarantee the
above information on the Property.
CORPORATE RELOCATION BUYER/SELLER DISCLOSURE
This Schedule is attached to and forms part of the Purchase Contract # ________________
Section 20(h) of the Rules of Real Estate Act (Alberta) requires that a real estate brokerage cannot pay a commission or other
remuneration directly or indirectly to an unlicensed party for services rendered in connection with a trade or dealing in real estate.
Address _______________________________________________________________________________________________
City Province/State Postal/Zip Code
The Brokerage and its broker, associate broker and agents will not be responsible for any maintenance requirements on vacant
properties.
Upon an early cancellation of any listing agreement, the Brokerage will charge the Relocation Company a fee of $___________.
The Brokerage, its broker, associate broker and agent will work within the requirements of the Real Estate Act (Alberta).
____________________________________________________ ____________________________________________
Referred to Agent/Associate Broker Signature Broker Signature
____________________________________________________
Date
Transferee
Name ________________________________________________________________________________________________
I am the transferee on these documents and I have a clear written understanding of agency as required under the Code of
Conduct of the Real Estate Act (Alberta).
q It is my understanding as a transferee that I am under a non-exclusive (open) brokerage real estate transaction and I,
the transferee, am entitled to choose my agent/associate broker freely, and that the agent/associate broker is not
required to pay any referral fee whatsoever.
OR
q It is my understanding that as a transferee that I am in an exclusive (closed) brokerage, that as a transferee I may
have an agent/associate broker assigned to me by the Relocation Company, and that the agent/associate broker may
have to negotiate a referral fee with the Corporate Relocation Company, providing the agreement does not conflict
with the Real Estate Act (Alberta).
___________________________________________________ ____________________________________________
Transferee Signature Date
Address ______________________________________________________________________________________________
City Province/State Postal/Zip Code
The Corporate Relocation Company is a licensed real estate company in the province/state of __________________________.
The Relocation Company agrees that it will practice within the requirements of the Real Estate Act (Alberta).
___________________________________________________ ____________________________________________
Relocation Company Agent’s Signature Date
Corporate Client
Company Name ________________________________________________________________________________________
Address _______________________________________________________________________________________________
City Province/State Postal/Zip Code
The Corporate Client understands that it or any other unlicensed entity is not entitled to receive a commission or other
remuneration on the transaction described herein. The Corporate Client has a clear understanding of agency and how agency
affects the various parties to this transaction.
___________________________________________________ ____________________________________________
Signature of Corporate Client Date
© Draft June 2000
MORTGAGE VERIFICATION FORM
Approved by the Calgary Real Estate Board
Address: Company:
I/We hereby authorize you to provide with the mortgage information listed
below and any other pertinent information they may require.
Would you please return this form to the above address as soon as possible. Thank you.
Owners’ Signature
The information above is accurate and has been checked by our Mortgage Department.
This Schedule concerns an agreement for the purchase and sale of a new home (the “Home”), as follows:
Buyer: _______________________________________________________________________________________________________
Builder: ______________________________________________________________________________________________________
____________________________________________________________________________________________________________
The following terms apply to the purchase and sale of the Home. If these terms conflict with other terms of the Purchase Contract, the terms in
this Schedule will prevail.
1. Plans and Specifications: The Builder will construct (or complete construction) of the Home using:
q the Builder's standard floor plans, standard specifications (the "Specifications") and standard choice of colours and finishing
materials (the "Selections") for the _____________________________________________________________ model being built;
q the Specifications and the Selections used in the Builder's showhome located at
______________________________________________________________________________________________________;
q the floor plan, Specifications and Selections attached to this Schedule;
q other (please specify) _____________________________________________________________________________________
The Builder will ensure that the Home complies with all applicable building codes.
2. Selections and Extras: The Builder will complete the Home according to one of the following:
q the Selections the Buyer makes based on the Specifications;
q the Selections the Builder has made;
q ______________________________________________________________________________________________________
______________________________________________________________________________________________________
3. Changes: The Builder reserves the right to make minor changes to the Home or make the Selections where the Buyer neglects to do so
within the Builder's schedule. Minor changes are changes that do not detract from the value or significantly alter the appearance of the
Home. If the Buyer requests installation of items that are not included in the price of the Home, the Builder will provide a change order
form describing the item to be installed and the price to be paid for the change. The Buyer must pay for the extras when the change order
is signed.
4. Completion Day: The Builder will use reasonable efforts to ensure the Home is ready for occupancy on the Completion Day. The Builder
cannot guarantee that the Home will be ready on time. Accordingly, if delays occur for reasons which are not within the control of the
Builder, the Builder agrees to complete the Home as soon as practicable and to give the Buyer at least 30 days notice of the revised
Completion Day. Notwithstanding the foregoing, if an occupancy permit is not issued within 60 days of the original Completion Day, the
Buyer may terminate the Contract and receive a refund of all funds paid.
6. Unfinished Work: The Buyer acknowledges that the Home could be ready for occupancy without all work being completed. In that
situation, the Builder's lawyer will keep an amount in trust equal to the Builder's estimated cost of completing the work. These funds will
be released to the Builder as each item is completed.
7. Builders' Lien Holdbacks: If the Buyer enters into this Contract before the drywall stage has been completed, the Buyer will be treated
as an "owner" under the Builders' Lien Act. In this case, the Builder's lawyer will keep an amount in trust equal to the holdbacks required
under the Act.
8. Interest: No interest shall be payable on holdbacks maintained by the Builder's lawyer for unfinished work or Builders' liens.
9. Warranty: The Builder warrants that the Home is covered by the following:
The Buyer is advised to obtain a copy of the applicable warranty documentation as limitations may apply.
Any disputes arising under the Purchase Contract shall be resolved through the process specified by the applicable warranty program
(if any).
10. Visiting the Home: The Builder reserves the right to restrict access to the site during construction. Any party visiting the Home under
construction does so at its own risk. The Buyer is encouraged to view the Home only when accompanied by the Builder's representative.
11. Completion of Subdivision: On the Completion Day, the subdivision developer may not have completed all of its obligations to the
municipality. Accordingly, title to the Buyer's home may be subject to a development agreement caveat in favour of the municipality.
Although such a caveat will be treated as a permitted encumbrance for closing purposes, this agreement does not transfer the obligation
to complete the subdivision to the Buyer.
_________________________________________________ _________________________________________________________
Date Builder’s Signature
_________________________________________________ _________________________________________________________
Buyer’s Signature Buyer’s Signature
_________________________________________________ _________________________________________________________
Witness Witness
This form was developed with a grant from the Alberta Real Estate Foundation.
NON DISCLOSURE OF BUYER/SELLER’S NAME
M.L.S. # Real Estate Listing Contract #
IN CONSIDERATION of the Calgary Real Estate Board Co-Operative Ltd.’s Rules and Regulations,
Buyer/Seller Witness
Buyer/Seller Witness
Broker/Manager/Agent
TO: _________________________________________________________________________________________________________________________
Brokerage Name (the “Brokerage”)
My/Our Property known as:
_____________________________________________________________________________________________________________________________.
Municipal Address
Plan _________________________________________________ Block _____________________ Lot _______________ Subdivision _______________
OR
W. of Range Township Section Part Acres
OR
Condo. Unit No. ________________________________ Plan No. _______________________________ Project Name ___________________________
I/We hereby agree to the following changes with reference to the above listing:
1. Listing Extension:
The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on
____________________________________________________________________________________________________, _________________
2. Price Change:
The asking price for the Property will be changed to $ ______________________________________________________________________
effective as of ________________________________________________________________________________________, ________________.
3. Other Amendments (if any): ___________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
__________________________________________________________________
Seller
_________________________________________________________ __________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf Seller
of the Brokerage
_____________________________________________________________________________________
Address
Seller acknowledges receiving a copy of this Agreement _____________________________________________________________________________________
September 2002
Calgary Real Estate Board
Jan. 13/04
MEMBER’S SUPRA KEYHOLDER LEASE AGREEMENT
THIS KEYHOLDER LEASE AGREEMENT (“Lease”) is entered into as of _______________20 ___, by and between Calgary Real Estate Board
CREB hereby leases to Keyholder, and Keyholder hereby leases from CREB, the Equipment (which may be new or refurbished), under the terms and conditions below and on page 2 (“Other
Terms and Conditions of the Lease”):
1. Term of Use: This Lease shall commence on the date set forth above and have a term (“Term”) until January 31, 2005, unless terminated earlier or extended pursuant to
the provisions of this Lease. The Term shall automatically extend for successive additional one (1) year periods, ending January 31, 2010, unless (i) either party provides a written
notice of non-extension at least sixty (60) days in advance of the then current Term or (ii) this Lease is terminated in accordance with Section 6 below.
2. Equipment Deposit: CREB hereby acknowledges ___ current or ___ previous receipt of the sum of $50.00 from the Member as an Equipment deposit (“Deposit”) to be
held by CREB. In the event of violation of any provision of this Lease, the Deposit shall be forfeited to CREB. The Deposit shall be refunded, without interest, upon return of the
Equipment to CREB prior to any breach of this Lease.
4. Security of Equipment: By executing this Lease, Keyholder acknowledges that it is necessary to maintain the security of the Equipment
and the personal identification number of each piece of Equipment, and of personal identification numbers, to prevent the use of the Equipment by unauthorized persons, and Keyholder
agrees to use her or his best efforts to ensure the confidentiality and integrity of all components of the Equipment and its use.
5. Fees and Payments: During the term of this Lease, but excluding any part of the month of January and February, 2004, Keyholder agrees to pay to CREB a monthly fee
(“Systems Fee”) of $20.00 (twenty dollars) plus applicable tax (presently G.S.T.), without setoff for any reason, for the lease and use of the Service both during the original Term and during
renewals through to January 31, 2010, unless the Lease is earlier terminated as permitted in Section 6. Keyholder shall be billed by CREB each month, except for January and February,
2004, and payment is due in accordance with CREB policy for other invoiced charges to Members.
6. Termination:
a. Keyholder may terminate this Lease at any time by returning the Equipment to CREB and paying CREB any amounts owing prior to such termination, including (i) any applicable
damages for the failure to return the Equipment as set forth in Section 3 (a) hereof and (ii) any Systems Fees owing prior to such termination which remain unpaid.
b. Keyholder acknowledges that, in order to make the Service available to Keyholder, CREB and Supra Key Control Limited (“Supra”) entered into a Services and
Administration Agreement (the “Services Agreement”) that provides, among other things, the terms under which Supra will provide the Service to CREB. CREB may terminate this Lease
upon termination of its Services Agreement with Supra, for any reason, including without limitation, default by CREB under the Services Agreement or an upgrade of the Service by CREB.
Upon termination, Keyholder shall be obligated to satisfy the obligations set forth above in Section 5.
c. Any unused portion of any Systems Fee for use of the Service previously paid shall be forfeited by Keyholder and Keyholder shall not
be entitled to a refund.
7. Indemnification: The Keyholder agrees to indemnify, defend and hold harmless CREB and/or Supra, and their respective directors, officers, agents, representatives, employees,
successors and assigns, from and against any and all claims, demands, actions, losses, damages, injuries, obligations, liabilities and costs and expenses of every kind or nature (including
reasonable attorneys’ fees, incurred by CREB and/or Supra as a result of damage or injury to premises or persons arising from the use, by the Keyholder or any other person, of the Equipment.
1. In addition to the Equipment, CREB hereby grants to Keyholder (i) a limited non-exclusive, non-transferable sub-license to use the network, the use of which CREB licenses from Supra,
which is necessary for the use and operation of the Equipment (the “Network”) for the Term (as defined in Section 1 on page 1) and (ii) a limited, non-exclusive, nontransferable license to use
the Software CREB licenses from Supra (the “Software”) for the Term. The Equipment, Software and Network are collectively referred to herein as the “Service.” The Service is more fully
described in the User’s Guide published by Supra, which will be provided to Keyholder and is incorporated herein by reference. Keyholder may have previously purchased keyboxes from
CREB, which are not included in the definition of the Equipment.
2. Keyholder hereby acknowledges and agrees that the Network and Software are and shall at all times remain the property of Supra, and the Equipment remains the property of CREB. All
additions, attachments, replacement parts and repairs to the Equipment, and any Replacements shall become part of the Equipment and shall, without further act, become the property of CREB.
The Software and all applicable rights in patents, copyrights, trade secrets, and trademarks are and shall at all times remain the property of Supra.
3. Keyholder acknowledges and agrees that she or he must comply with the Rules and Regulations relating to the use of the Service which are set forth in the User’s Guide and with the Rules
and Regulations of CREB.
1
4. Keyholder further acknowledges that neither the Service, nor any other Supra product or the Equipment used in connection with the Service, is a security system.
5. Keyholder acknowledges that, in order to make the Service available to Keyholder, Supra and CREB entered into a Services and Administration Agreement with a Start Date of January 26,
2004 (the “Services Agreement”), that provides, among other things, the terms under which Supra will provide the Service to CREB. Keyholder acknowledges that, if the Services Agreement is
terminated for any reason during the Term of this Lease, the Service will no longer be available to Keyholder and this Lease will terminate. Keyholder further acknowledges and agrees that CREB
may elect a different Service or choose to upgrade the Service at any time during the Term of this Lease, which may result in an increase of the Systems Fee (as defined in Section 5 on page 1)
and/or the termination of this Lease. Except as the rights and obligations of Keyholder and CREB under this Lease may be affected as described in the two preceding sentences, the rights and
obligations between Keyholder and CREB with respect to the Service are governed solely by the terms and conditions of this Lease. Keyholder acknowledges that failure of CREB to perform any
of its respective obligations under the Services Agreement may detrimentally affect Keyholder’s use of the Service.
6. In the Services Agreement, Supra has reserved the right to discontinue any item of Equipment used in connection with the Service upon the provision of one (1) year prior written notice to
CREB. If Supra discontinues any item of Equipment, the Equipment leased hereunder shall continue to be completely compatible with and shall function with the Service. If the Equipment
leased hereunder is lost, destroyed or damaged, CREB may replace that Equipment with refurbished Equipment (“Replacement”) which shall be completely compatible with and shall function
with the Service, and shall offer the same level of functionality as the Equipment currently offered.
8. Default:
a. Each of the following events shall be an Event of Default by Keyholder under this Lease:
(i) Keyholder’s failure to pay, for any reason, any amount required under this Lease within fifteen (15) days after the date that such payment is due; or
(ii) The commencement of either an involuntary or voluntary action under any bankruptcy, insolvency or other similar; provided, however, that the commencement of
any involuntary case or proceeding will not be an Event of Default under this Lease if such case or proceeding is dismissed within sixty (60) days after it was
commenced.
b. An Event of Default by CREB under this Lease will occur upon the termination for any reason of its Services Agreement with Supra.
11. Notices:
All notices hereunder shall be sent by (i) hand-delivery, (ii) facsimile, (iii) certified mail, return receipt requested, postage prepaid, (iv) overnight delivery service, or (v) e-mail, to the
party being noticed at the address on file at CREB for the Brokerage Name set forth in the signature block of this Lease, or for CREB at 300 Manning Road NE, Calgary, Alberta or to
such other address as a party shall subsequently specify to the other party in writing. Notification to the Membership Department of CREB shall suffice for any Member of CREB.
Notices shall be deemed to have been delivered when received; if hand-delivered or sent by facsimile or certified mail, three (3) days after the day deposited in the mail; or one (1) day
after the day deposited with an overnight delivery service.
12. Warranty:
Keyholder acknowledges that the Equipment is warranted by Supra, and not by CREB, against defects in workmanship and/or materials, The Equipment is warranted by Supra against
defects in workmanship and/or materials, to be fit for its intended purpose and to conform in all material respects to its written specifications for the term of the Lease. Supra shall, without
charge, repair or replace such defective or nonconforming component during the warranty period. Keyholder must return any defective system component under warranty to CREB at
Keyholder’s sole cost and expense, and CREB shall provide a workable substitute piece of Equipment during the repair period. This warranty does not extend to any damage caused by
accident, abuse, neglect or misuse of system components. Keyholder agrees to cooperate with CREB and Supra by performing diagnostic tests provided to Keyholder when Keyholder
initially seeks warranty service.
2
URBAN RESIDENTIAL PROPERTY DISCLOSURE STATEMENT
Purpose of Statement
This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. This
disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the
Buyer.
The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).
1. Does the Property comply with the current government and municipal guidelines or
constitute a lawful, non-conforming building? Y N ? n/a
2. To the best of your knowledge, are the exterior walls (above grade) insulated? Y N ? n/a
3. To the best of your knowledge, is the ceiling insulated? Y N ? n/a
4. To the best of your knowledge, are the basement walls insulated? Y N ? n/a
5. Is the basement a preserved wood foundation or concrete? ____________________________________
If preserved wood foundation, is an engineer’s certificate available? Y N ? n/a
6. Did you have a home inspection report completed when you purchased the Property? Y N ? n/a
If yes, did it indicate any significant repairs needed that have not been done? Y N ? n/a
7. Do you have a real property report that reflects the current state of improvements to the Property?
(e.g. detached garage, fences, decks, sheds, etc.) Y N ? n/a
Does the real property report have a stamp of compliance? If yes, date __________________________ Y N ? n/a
8. Has the wood stove/fireplace insert been inspected and approved by local authorities? Y N ? n/a
9. Are all items to be included in the transaction free and clear of all encumbrances? Y N ? n/a
If no, list items _______________________________________________________________________
10. Does the Property contain unauthorized accommodation? Y N ? n/a
If yes, alter Listing and Purchase Contracts.
11. Are you aware of any additions or alterations made without a required permit? Y N ? n/a
12. Are you aware of any structural problems with the house and/or improvements? Y N ? n/a
13. To the best of your knowledge, have any improvements ever contained asbestos? Y N ? n/a
14. To the best of your knowledge, have any improvements ever contained urea formaldehyde insulation? Y N ? n/a
15. Are you aware of any unregistered encroachments, easements or rights-of-way on this Property? Y N ? n/a
16. Are you aware of any unregistered encroachments, easements or rights-of-way by your Property
on neighbouring properties? Y N ? n/a
17. Have you received any notice or claim affecting the Property from any person or entity? Y N ? n/a
18. Have you received any insurance settlements where the work has not been done? Y N ? n/a
19. Are you aware of any roof leakage or unrepaired damage? (age of roofing _______ years) Y N ? n/a
Indicate type of roofing: ________________________________________________________________
20. Are you aware of any problems with the heating/air conditioning/ventilation systems? Y N ? n/a
21. Are you aware of any problems with the electrical system, switches or receptacles? Y N ? n/a
22. Are there any extension cords stapled to baseboards or under carpets/rugs? Y N ? n/a
23. Are there any hidden defects under the floor coverings or in the walls? Y N ? n/a
24. Are you aware of any problems with the plumbing system? Y N ? n/a
25. Are you aware of any problems with a jetted tub, hot tub and/or swimming pool? Y N ? n/a
The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).
26. Are you aware of problems with any appliances or mechanical items to be included in this transaction? Y N ? n/a
27. Are you aware of any moisture and/or water problems in the house or any other part of the Property? Y N ? n/a
28. Are you aware of any past or present flooding or drainage problems on the Property? Y N ? n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problem? Y N ? n/a
30. Does the Property have any problems with retaining walls cracking or bulging? Y N ? n/a
31. Are you aware of any damage due to weather, fire, water, insects or rodents? Y N ? n/a
32. Other than those stated above, are you aware of any other latent (hidden) defects on the Property? Y N ? n/a
33. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? Y N ? n/a
If yes, has an environmental audit been completed? (if yes, attach copy) Y N ? n/a
34. Are you aware of any fees for usage of parks, lakes, community centres, etc.? (amount $_____________) Y N ? n/a
35. Is this Property of historical significance in the opinion of a government authority? Y N ? n/a
36. Are there any conditional sales contracts or equipment leases? (e.g. water softener, alarm system) Y N ? n/a
If yes, what is the payout? _____________________ Number of months remaining _______________
The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s
brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not
a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any
inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its
own inquiries.
The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or
guarantee the above information on the Property.