Sutton Group Realty Systems Inc. Brokerage . 416-896-3333 . 905-896-3333

Temporary Covid 19 - Real Estate Forms and Clauses


Covid 19 Templates


  Sellers Consent, Release & Indemnity
Please use this form and attached to All Listing Agreements during Covid 19 in pdf format
  Property Showing Health Disclosure Declaration - Upload to Listings
Prior to a Showing being Confirmed the following Form should be completed and sent to the Listing Agent direct to retain copies in case of any tracking required by Health Agencies.
  Showing Policy - Upload to Each Listing - Add a Remark
Please Upload to Each Listing and Add a Remark in the Brokerage Section "Please download and review Covid 19 Showing Policy"
  Schedule of Covid Clauses - Upload to Listings
Please include the Covid Clauses to all offers
  Covid Checklist
Minimum questions to ask both clients and cobrokerages

Schedule's To Add to Offers


Schedule C - COVID-19
This contains the temporary Covid Clauses. These are basic clauses. *This form is already listed in the above covid package.
Schedule B in PDF format
Sutton Realty Schedule B - This is the Standard Schedule B Clauses we always use on every offer, which refers to Interest on Deposits etc. This does not change after Covid ... it's our Regular Office Schedule B
Showing Health Declaration


COVID-19 Clause You Can Copy and Paste into Your Own Personalized Schedule


The Buyer shall pay the balance of the purchase price, subject to the usual adjustments by wire transfer.

The parties acknowledge and agree that all closing documentation can be signed electronically and forwarded by email or fax in accordance with the Electronic Commerce Act, 2000, S.O.2000,c.17

The parties agree that the keys to the property shall be left in a lock box at the property and the code to the same is to be provided to the Buyer’s lawyer in escrow pending closing of this transaction.

The parties herein acknowledge and agree that they are required to close this transaction notwithstanding any impacts of COVID-19, save and except the closing of the Land Registry Office(s) and all financial institutions.

In the event the closing cannot occur due to a shutdown/disruption of the Land Registry System and/or banking system, then the closing date shall be automatically extended to the fifth (5th) business day following the date upon which said systems have returned to operational status and can clear funds accordingly.


Mandatory Interest Clause


The Buyer acknowledges and agrees that the deposit holder disclosed that the depositors funds may be held in a variable daily interest rate account or term deposit, at the current rate of Bank of Canada prime "minus" 2.75%.  Any interest paid is calculated on the next average daily credit balance at the rate of 1% to the buyer.  Should the amount of interest calculated be more than $125.00 the deposit holder shall pay to the depositor the interest accrued on the successful completion of this transaction, otherwise the deposit holder will retain it.  The Buyer agrees that this schedule forms part of the terms of the Trust.

The Buyer acknowledges that no interest shall be paid to the Buyer unless the Buyer provides the deposit holder with a valid Social Insurance Number for use on the required Revenue Canada T5 forms no later than ten (10) days following completion.  Buyer's 
 
Name: ___________________________ SIN Number: __________________________    
 
Any interest cheques issued by the deposit holder and not negotiated within SIX (6) months following completion of the herein transaction shall be forfeited to the deposit holder.

 

Advertising:  In accordance with the Federal Privacy Act (PIPEDA), upon the fulfillment, removal of all conditions and the completion of this transaction of the attached agreement, all parties to this transaction consent to the publication and the distribution of the sale/lease price of this property. The Listing Broker and the Co-operating Broker are authorized to advertise and discuss the sale price with other realtors and the public in the promotion and conduct of their business. Such promotions shall not include mention of the names of the Seller or Buyer


Optional Clauses


The Parties to this Agreement acknowledge that any information provided by a real estate sales representative, broker, or brokerage company is not qualified construction, engineering, environmental, legal, tax, or zoning advice.

 

The Seller and Buyer agrees and acknowledges all measurements, square footage, and information provided by Sutton Group Realty Systems Brokerage Inc. on the MLS listing and all marketing materials with respect to this property have been obtained from sources deemed reliable and Sutton Group Realty Systems Brokerage Inc. its Sales Representatives, or Broker does not warrant their accuracy. The Seller and Listing Brokerage recommend that the Buyer verify any relevant informaiton in the MLS Listing upon which he/she is relying.

 

Buyer acknowledges that Sutton Group Realty Systems Brokerage Inc. does not accept any cash deposits, all Deposits shall be made by certified cheque or bank draft.


Kitec Plumbing


Kitec plumbing was widely used in Canada and the U.S. in homes and condominiums built, or extensively renovated, between 1995 and 2007. 

Please insert this clause to ensure no kitec present in a property

The Seller represents and warrants to the Buyer that during the time the Seller owned the property, the Seller has not installed in any building on the property Kitec plumbing, any fittings for Kitec plumbing nor any Kitec Plumbing Systems ("Kitec") and that to the best of the undersigned's knowledge, no building on the property contains or has ever contained Kitec.  This representation and warranty shall survive and not merge on the completion of the above transaction, and if the building is part of a multiple unit building, this warranty shall only apply to the part of the building, which is subject to this transaction.


"As Is"


Ocassionally with a Power of Sale or Estate Sale the property made be sold in an "As is" condition with no warranties.  Please review this potential clause with your clients solicitor.

The buyer acknowledges and accepts they are purchasing the property on an ‘as-is’, ‘where-is’ basis without the representation or warranty of any kind offered by the seller. The seller, it’s agent, or anyone else acting on the seller’s  behalf makes no representations or warranty with respect to workmanship, state of repair or operating condition as it relates to the property, the principal dwelling, any mechanical systems or chattels therein, or the locations of structures, walls, retaining walls or fences [freestanding or otherwise] On the property. The seller shall have no responsibility whatsoever to remedy any defect, infraction or encroachment regarding same or to complete any work deemed as unfinished by the buyer. The buyer acknowledges having relied entirely upon their own inspection and investigation with respect to the condition of the property, chattels and fixtures, as well as any matters related to title and agrees to hold the seller and/or the seller’s agents harmless from same.

Estate Sale - Or To Extend Closing Date


In addition if you are doing an Estate Sale, sometimes a lawyer will ask you to put in a clause giving them an option to postpone the closing - below is a sample clause

 

Notwithstanding the completion date set out in this Offer, the Seller may postpone the completion date of the transaction Two Additional times, by not more than __30___ days each, by giving written notice of the amended completion date to the Buyer or the Buyer's Solicitor at least 15 days in advance of the earlier of the completion date set out herein and the amended completion date.

Selling a House with a Tenant on Month to Month


Tenants have Rights.  

 Here more here - https://stepstojustice.ca/questions/housing-law/my-landlord-wants-evict-me-because-they-are-selling-place-what

 

The Buyer hereby authorizes and directs the Seller, and the Seller agrees, when this Agreement becomes unconditional, to give to the tenant(s) the requisite notices under the Residential Tenancies Act, requiring vacant possession of the property for use by the Buyer or the Buyer's immediate family on the date of closing and Buyer shall provide a confirmation by a sworn affidavit.  The seller agrees to deliver copies of the requisite notices to the Buyer immediately after service of the notices upon the tenant.  


The Buyer and the Seller hereby agree in the event that the tenant fails to vacate the property prior to completion of the transaction, the Buyer agrees to assume the existing tenant upon completion of this transaction.
Upon vacant possession being provided to the Buyer, the Buyer or the Buyer's immediate family agrees to take possession of and occupy the property forthwith thereafter. The Buyer agrees to provide the Seller with a written indemnity on completion, indemnifying the Seller from all actions, causes of action, claims and demands of any kind whatsoever, that may occur in the event that the Buyer does not take possession of and occupy the property as aforesaid.