Standard Forms for Buying a Home

Buying a home involves several legal documents. Understanding these forms will help you feel confident throughout the process.

Important Note

Real estate forms are standardized by the Ontario Real Estate Association (OREA). Your agent will prepare these documents for you, explain each one in detail, and ensure they're completed correctly. Never sign anything you don't fully understand.

Buyer Representation Agreement (BRA)

This agreement establishes your relationship with your real estate agent. It outlines the agent's duties, commission structure, and the terms of representation.

Key Points:

  • Defines the agent's obligations to you
  • Specifies the geographical area and property types
  • Outlines commission terms
  • Sets the duration of the agreement

When It's Used:

Before you start actively searching for properties

Agreement of Purchase and Sale (APS)

The most important document in a real estate transaction. This legally binding contract outlines all terms of the purchase including price, conditions, and closing date.

Key Points:

  • Purchase price and deposit amount
  • Conditions (financing, inspection, etc.)
  • Included and excluded items
  • Closing date and possession details

When It's Used:

When you're ready to make an offer on a property

Schedule A - General Terms

Attached to the APS, this schedule contains additional terms specific to your offer that aren't covered in the standard form.

Key Points:

  • Chattels included (appliances, fixtures)
  • Special conditions or requests
  • Timing requirements
  • Additional seller obligations

When It's Used:

Part of your offer package

Condition - Financing

Allows the buyer to withdraw from the purchase if they cannot secure adequate financing within the specified timeframe.

Key Points:

  • Amount of financing required
  • Interest rate and terms acceptable
  • Number of days to obtain approval
  • Process for waiving or failing condition

When It's Used:

When your offer is conditional on mortgage approval

Condition - Home Inspection

Gives the buyer time to have the property professionally inspected and the right to negotiate or withdraw based on findings.

Key Points:

  • Number of days to complete inspection
  • Buyer's rights based on inspection results
  • Process for requesting repairs
  • How to waive or fail condition

When It's Used:

Recommended for most purchases, especially resale homes

Condition - Sale of Buyer's Property

Makes your purchase conditional on the sale of your current home. Less common in competitive markets.

Key Points:

  • Timeframe for selling current property
  • Seller's right to continue marketing
  • Escape clause provisions
  • Requirements to remove condition

When It's Used:

When you need to sell your current home to buy

Notice of Fulfillment of Condition

Used to formally notify the seller that a condition has been met (waived). Once all conditions are waived, the deal becomes firm.

Key Points:

  • Identifies which condition is being waived
  • Must be delivered within the condition period
  • Makes that portion of the contract binding
  • Requires signature and delivery

When It's Used:

When you're satisfied a condition has been met

Amendment to Agreement

Used to change any terms of the original Agreement of Purchase and Sale that both parties agree to modify.

Key Points:

  • Can change closing date, price, or other terms
  • Requires agreement from both parties
  • Becomes part of the original contract
  • Must be in writing

When It's Used:

When circumstances require changes after the offer is accepted

FINTRAC Information Record

Required by law for anti-money laundering purposes. Your agent must verify your identity and complete this form.

Key Points:

  • Government-issued ID required
  • Personal information and employment
  • Source of funds for purchase
  • Kept confidential by the brokerage

When It's Used:

When you start working with a real estate agent

Tips for Reviewing Documents

Before Signing

  • • Read every page carefully
  • • Ask your agent to explain any unfamiliar terms
  • • Verify all names, dates, and addresses
  • • Confirm the purchase price and deposit
  • • Review all conditions and their deadlines

After Signing

  • • Keep copies of all signed documents
  • • Note important dates in your calendar
  • • Provide copies to your lawyer promptly
  • • Track condition deadlines carefully
  • • Ask questions anytime you're unsure

Ready to Start Your Home Search?

The Battaglia Team will guide you through every document and ensure you understand each step of the buying process.

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