contract of purchase and sale - Amex
Transcription
contract of purchase and sale - Amex
PAGE 1 of 8 PAGES CONTRACT OF PURCHASE AND SALE Amex - Fraseridge Realty October 1, 2015 BROKERAGE: ___________________________________ DATE:____________________________________________ 7505 Victoria Drive Vancouver V5P 3Z6 (604) 322-3272 ADDRESS:______________________________________ PC: __________ PHONE: ___________________________ PREPARED BY:__________________________________ MLS® NO:________________________________________ SELLER: _______________________________________ SELLER: _______________________________________ ADDRESS: _____________________________________ ______________________________________________ ________________________ PC: __________________ PHONE: _______________________________________ RESIDENT OF CANADA NON-RESIDENT OF CANADA BUYER: _______________________________________ BUYER: _______________________________________ ADDRESS: _____________________________________ ______________________________________________ ________________________ PC: __________________ PHONE: _______________________________________ OCCUPATION: ______________________________________ as defined under the Income Tax Act. PROPERTY: UNIT NO. ADDRESS OF PROPERTY CITY/TOWN/MUNICIPALITY PID POSTAL CODE OTHER PID(S) LEGAL DESCRIPTION The Buyer agrees to purchase the Property from the Seller on the following terms and subject to the following conditions: 1. PURCHASE PRICE: The purchase price of the Property will be __________________________________________ _____________________________________________________________________________________________ _________________________________________________ DOLLARS $___________________ (Purchase Price) 2. DEPOSIT: A deposit of $______________ which will form part of the Purchase Price, will be paid within 24 hours of Within 72 hours of all subject removal by a BANK DRAFT . acceptance unless agreed as follows: ______________________________________________________________ Price includes any G.S.T. which may be payable on this sale. _____________________________________________________________________________________________ _____________________________________________________________________________________________ All monies paid pursuant to this section (Deposit) will be paid in accordance with section 10 or by uncertified cheque AMEX FRASERIDGE REALTY except as otherwise set out in this section 2 and will be delivered in trust to ____________________________ _________________________________________ and held in trust in accordance with the provisions of the Real Estate Services Act. In the event the Buyer fails to pay the Deposit as required by this Contract, the Seller may, at the Seller’s option, terminate this Contract. The party who receives the Deposit is authorized to pay all or any portion of the Deposit to the Buyer’s or Seller’s conveyancer (the “Conveyancer”) without further written direction of the Buyer or Seller, provided that: (a) the Conveyancer is a Lawyer or Notary; (b) such money is to be held in trust by the Conveyancer as stakeholder pursuant to the provisions of the Real Estate Services Act pending the completion of the transaction and not on behalf of any of the principals to the transaction; and (c) if the sale does not complete, the money should be returned to such party as stakeholder or paid into Court. INITIALS COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms® May/2016 _____________________________________________________________________ PAGE 2 of 8 PAGES PROPERTY ADDRESS 3. TERMS AND CONDITIONS: The purchase and sale of the Property includes the following terms and is subject to the following conditions: _ _ 1. Subject to a new first mortgage being made available to the buyer on or before11.59 pm_________________, _201___, in amount of $ ___________________ at an interest rate not to exceed _____ % per annum calculated semi-annually, not in advance with a ____ - year amortization period, ____ year term and repayable in blended payments of approximately $ __________________ per month including principal and interest [ plus1/12 of annual taxes, if required by the mortgagee ]. This condition is for the sole benefit of the Buyer. 2. Subject to the Buyer, on or before 11.59 pm _________________, 201__, at the Buyer's expense, obtaining and approving an inspection report against any defects whose cumulative cost of repair does not exceeds $ ________ and which reasonably may adversely affect the property's use or value. The Seller will allow access to the property for this purpose on reasonable notice. This condition is for the sole benefit of the Buyer. 3. Subject to the Buyer, on or before 11.59 pm _________________, 201___, approving the Property Disclosure Statement dated ___________, 201__, with respect to the information that reasonably may adversely affect the use or value of the property. If approved, such statement will be incorporated into and will form part of this contract. This condition is for sole benefit of the Buyer. 4. Subject to the Buyer, on or before 11.59 pm ______________, 201___, receiving a current property title search including a copy of the easements, covenants, building schemes, land use contracts and right of ways, if they exist, from the Seller, at the Seller's cost. The Buyer must peruse and be satisfied with its contents and is advised to receive an independent legal advice regarding the nature and effects of the charges if they exist. This condition is for the sole benefit of the Buyer. 5. Subject to the Buyer obtaining approval for fire/property insurance, satisfactory to the Buyer by 11.59 pm ______________, 201___.This subject is for the sole benefit of the Buyer. 6. Subject to the Buyer receiving from the Seller, at Seller's cost and being satisfied with the contents of the building permit and occupancy permit to determine if the relevant provisions of the HOMEOWNER PROTECTION ACT are met [ only if Building permit was issued after July 01,1999 ] on or before 11.59 pm _________________, 201___. This condition is for the sole benefit of the Buyer. Seller confirms that the subject property does not contain any UNDERGROUND STORAGE TANK ["UGST"] . If a UGST that is not in use exists, it is required by the Environmental Management Act for Seller to remove the UGST together with all the contaminants. In such a circumstance the Seller's, at Seller cost will have the UGST removed and will provide a "No UGST Certificate" 5 days before the completion date to the Buyer confirming that UGST together with all the contaminants have been removed. The Certificate must be from the appropriate authority and/or municipality stating that the work is completed as per requirements of the Environmental Act. Furthermore the contractor removing the UGST must be insured and bonded. The Buyers are satisfied with all of the measurements as viewed, and furthermore acknowledges that as advertised, all sizes and ages are approximately only. The Buyer is not replying upon the listing information provided by the representative, without independently verifying the provided listing information before removing all subjects. Each condition, if so indicated is for the sole benefit of the party indicated. Unless each condition is waived or declared fulfilled by written notice given by the benefiting party to the other party on or before the date specified for each condition, this Contract will be terminated thereupon and the Deposit returnable in accordance with the Real Estate Services Act. INITIALS COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms® May/2016 _____________________________________________________________________ PAGE 3 of 8 PAGES PROPERTY ADDRESS 3. TERMS AND CONDITIONS: The purchase and sale of the Property includes the following terms and is subject to the following conditions: _ The Buyer is aware that property may contain, unauthorized accommodation and has been informed of the _ consequences of such ownership and potential loss of income, should the rental be discontinued. _ Seller warrants and confirms that the property has never been used for the purpose of growth or manufacture of any illegal substance or activity. This warranty shall survive and continue on after the completion of this contract. Seller authorizes Buyer's brokerage to install "sold " sign on the property only after the sale has been informed to the public and/or published on MLS sales report. The Buyer has been provided with time and has been afforded the opportunity to obtain an independent legal advise regarding the content of this contract. The Buyer confirms that the Buyer will be fully satisfied with the independent legal advise before the Buyer removes all the subjects. Seller warrants that on possession [A] All the garbage from the property will have been removed; [B] All the appliances will be in working condition; [C] A full set of house keys and 2 garage door remote control units are delivered to Buyer and; [D] The premises will be delivered to the Buyer, cleaned and vacant at 1 .00 p m on possession date. As good faith, Seller agrees to a hold back of $500.00 as "TRUST MONEY ",to be held in Buyer's lawyer/notary's trust account. This money is to be released in writing, by the Buyer to the Seller 24 hours after possession only after the Buyer confirms that the Buyer is satisfied that the Seller has done what the Seller had agreed to do on possession date thus releasing Seller's obligation to the above warranty. If the Seller has not done what Seller had agreed to do on possession date, the Buyer in writing should immediately provide to the Buyer's lawyer/Notary, Buyer's agent and the Seller's agent requesting that the Seller to remedy the unsatisfied deficiencies . Not withstanding clause 20A ,The Seller consents and agrees that the Buyer, without further notice to Seller, may add Buyer's spouse and /or Buyer's children to the contract, if required by the Buyer's financial institution. The Buyer will immediately provide notice to Seller in writing, once all of the names are added to the contract. Each condition, if so indicated is for the sole benefit of the party indicated. Unless each condition is waived or declared fulfilled by written notice given by the benefiting party to the other party on or before the date specified for each condition, this Contract will be terminated thereupon and the Deposit returnable in accordance with the Real Estate Services Act. INITIALS COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms® May/2016 _____________________________________________________________________ PAGE 4 of 8 PAGES PROPERTY ADDRESS 3. TERMS AND CONDITIONS: The purchase and sale of the Property includes the following terms and is subject to the following conditions: _ The Seller warrants that __________________________ [unit # ____ {basement} ] is on month to month tenancy; _ the monthly rent [ __ ] not including or [__ ] including utilities , is $ _______________ , payable on____________ of month. A security deposit of $ ______________ was taken on _______ day of _ ____________ , 201____ , and the last rental increase was on _______ day of _____________ 201 ___ . The Seller warrants that __________________________ [ unit # ____ {basement }] is on month to month tenancy; the monthly rent [ __ ] not including or [ ___ ] including utilities, is $ ______________ , payable on____________________ of month. A security deposit of $ _________ was taken on ______ day of ____________ , 201 ___ , and the last rental increase was on _________ day of _____________ 201 ___ . Seller will provide the Buyer with the copy of the tenancy agreement 5 days before the Buyer's subject removal date . If the tenant remains after the completion date, then the damage and security deposit including the accrued interest will be credited to the Buyer on statement of adjustment. The Buyer will then be responsible for refunding the security and damage deposit, excluding cost of damages but including accrued interest to tenant when the tenancy ends. The Seller will give legal notice to tenant to vacate the premises , but only if the Seller receives the appropriate written request from the Buyer to give such notice in accordance with the requirements of section 49 of Residential Tenancy Act. Each condition, if so indicated is for the sole benefit of the party indicated. Unless each condition is waived or declared fulfilled by written notice given by the benefiting party to the other party on or before the date specified for each condition, this Contract will be terminated thereupon and the Deposit returnable in accordance with the Real Estate Services Act. INITIALS COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms® May/2016 _____________________________________________________________________ PAGE 5 of 8 PAGES PROPERTY ADDRESS 3. TERMS AND CONDITIONS: The purchase and sale of the Property includes the following terms and is subject to the following conditions: _ _ _ Each condition, if so indicated is for the sole benefit of the party indicated. Unless each condition is waived or declared fulfilled by written notice given by the benefiting party to the other party on or before the date specified for each condition, this Contract will be terminated thereupon and the Deposit returnable in accordance with the Real Estate Services Act. INITIALS COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms® May/2016 _____________________________________________________________________ PAGE 6 of 8 PAGES PROPERTY ADDRESS 4. COMPLETION: The sale will be completed on ___________________________________________, yr. __________ (Completion Date) at the appropriate Land Title Office. 1.00 p. on 5. POSSESSION: The Buyer will have vacant possession of the Property at __________________________________m. ______________________, yr.__________ (Possession Date) OR, subject to the following existing tenancies, if any: _____________________________________________________________________________________________ 6. ADJUSTMENTS: The Buyer will assume and pay all taxes, rates, local improvement assessments, fuel utilities and other charges from, and including, the date set for adjustments, and all adjustments both incoming and outgoing of whatsoever nature will be made as of __________________________, yr. ____________ (Adjustment Date). 7. INCLUDED ITEMS: The Purchase Price includes any buildings, improvements, fixtures, appurtenances and attachments thereto, and all blinds, awnings, screen doors and windows, curtain rods, tracks and valances, fixed mirrors, fixed carpeting, electric, plumbing, heating and air conditioning fixtures and all appurtenances and attachments thereto as viewed by the Buyer at the date of inspection, INCLUDING: BUT EXCLUDING: _____________________________________________________________________________ _____________________________________________________________________________________________ 8. VIEWED: The Property and all included items will be in substantially the same condition at the Possession Date as when viewed by the Buyer on _________________________________________________ yr. __________________ 9. TITLE: Free and clear of all encumbrances except subsisting conditions, provisos, restrictions exceptions and reservations, including royalties, contained in the original grant or contained in any other grant or disposition from the Crown, registered or pending restrictive covenants and rights-of-way in favour of utilities and public authorities, existing tenancies set out in Section 5, if any, and except as otherwise set out herein. 10. TENDER: Tender or payment of monies by the Buyer to the Seller will be by certified cheque, bank draft, cash or Lawyer’s/Notary’s or real estate brokerage’s trust cheque. 11. DOCUMENTS: All documents required to give effect to this Contract will be delivered in registrable form where necessary and will be lodged for registration in the appropriate Land Title Office by 4 pm on the Completion Date. 12. TIME: Time will be of the essence hereof, and unless the balance of the cash payment is paid and such formal agreements to pay the balance as may be necessary is entered into on or before the Completion Date, the Seller may, at the Seller’s option, terminate this Contract, and, in such event, the amount paid by the Buyer will be non-refundable and absolutely forfeited to the Seller in accordance with the Real Estate Services Act, on account of damages, without prejudice to the Seller’s other remedies. INITIALS COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms® May/2016 8 7 ____________________________________________________________________ QJ3 QJ3 @3@[ Q00@3 13. BUYER FINANCING: : ( % ! (! % & / 0! % % " # ! # ! # ! ( ' "# # % ! # % ) ! "# ! %) *) $ % " # / ( Q (/ ( @ $ |/(Q $}14. CLEARING TITLE: : # ! ! % & ! % ! # "! # # () % * ) % *! /(Q $ ! #! ! 15. COSTS: The Buyer will bear all costs of the conveyance and, if applicable, any costs related to arranging a mortgage and the Seller will bear all costs of clearing title. 16. RISK: Q # % #! ! $ `{'x` / 0- Q ! % # $ of the Buyer. 17. PLURAL: : /! ) ! ! ! and assigns; singular includes plural and masculine includes feminine. 18. REPRESENTATIONS AND WARRANTIES: There are no representations, warranties, guarantees, promises or / 0 Statement if incorporated into and forming part of this Contract, all of which will survive the completion of the sale. 19. PERSONAL INFORMATION: The Buyer and the Seller hereby consent to the collection, use and disclosure by the Brokerages and by the managing broker(s), associate broker(s) and representative(s) of those Brokerages (collectively |} # {`! # % ($ # ! G "®, the real estate board that operates the Multiple Listing Service®! # ( ' Q- % ' (- G "®, for the purpose of the compilation, retention and publication by the real estate board that operates the Multiple Listing Service® and other real estate boards of any statistics including historical Multiple Listing Service® data for use by persons authorized to use the Multiple Listing Service® of that real estate board and other real estate boards; C. for enforcing codes of professional conduct and ethics for members of real estate boards; and D. for the purposes (and to the recipients) described in the brochure published by the British Columbia Real Estate Association entitled Working With a REALTOR®. 20. ASSIGNMENT OF REMUNERATION: ( ) < {~ #% &# # / of the equitable assignment to anyone acting on behalf of the Buyer or Seller. 20A. RESTRICTION ON ASSIGNMENT OF CONTRACT: ( /' # % % 5 # of the Contract by the Buyer or any subsequent assignee. INITIALS BC2057 REV. DA MAY 2016 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms ® May/2016 _____________________________________________________________________ PAGE 8 of 8 PAGES PROPERTY ADDRESS N 21. AGENCY DISCLOSURE: The Seller and the Buyer acknowledge having received, read and understood the brochure published by the British Columbia Real Estate Association entitled Working With a REALTOR® and acknowledge and confirm as follows: Y A. the Seller has an agency relationship with ____________________________________ who is licensed in relation to __________________________________ DESIGNATED AGENT/LICENSEE BROKERAGE B. the Buyer has an agency relationship with Amex - Fraseridge Realty ____________________________________ who is licensed in relation to ___________________________________ DESIGNATED AGENT/LICENSEE BROKERAGE C. the Buyer and the Seller have consented to a limited dual agency relationship with _________________________________________ DESIGNATED AGENT/LICENSEE who is/are licensed in relation to __________________________________________ BROKERAGE having signed a Limited Dual Agency Agreement dated _________________________________________________ If only (A) has been completed, the Buyer is acknowledging no agency relationship. If only (B) has been completed, the Seller is acknowledging no agency relationship. 22. ACCEPTANCE IRREVOCABLE (Buyer and Seller): The Seller and the Buyer specifically confirm that this Contract of Purchase and Sale is executed under seal. It is agreed and understood that the Seller’s acceptance is irrevocable, including without limitation, during the period prior to the date specified for the Buyer to either: A. fulfill or waive the terms and conditions herein contained; and/or B. exercise any option(s) herein contained. 23. THIS IS A LEGAL DOCUMENT. READ THIS ENTIRE DOCUMENT AND INFORMATION PAGE BEFORE YOU SIGN. 11.59 24. OFFER: This offer, or counter-offer, will be open for acceptance until __________ o’clock _____m. p on ____________ ________________________, yr. __________ (unless withdrawn in writing with notification to the other party of such revocation prior to notification of its acceptance), and upon acceptance of the offer, or counter-offer, by accepting in writing and notifying the other party of such acceptance, there will be a binding Contract of Purchase and Sale on the terms and conditions set forth. ________________________________ _____________________________ X SEAL X ________________________________ _____________________________ SEAL WITNESS WITNESS BUYER BUYER _____________________________ PRINT NAME _____________________________ PRINT NAME 25. ACCEPTANCE: The Seller (a) hereby accepts the above offer and agrees to complete the sale upon the terms and conditions set out above, (b) agrees to pay a commission as per the Listing Contract, and (c) authorizes and instructs the Buyer and anyone acting on behalf of the Buyer or Seller to pay the commission out of the proceeds of sale and forward copies of the Seller’s Statement of Adjustments to the Cooperating/Listing Brokerage, as requested forthwith after completion. Seller’s acceptance is dated ______________________________________________, yr.______________________ ________________________________ _____________________________ X SEAL ________________________________ _____________________________ X SEAL WITNESS WITNESS SELLER SELLER _____________________________ PRINT NAME _____________________________ PRINT NAME *PREC represents Personal Real Estate Corporation Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTOR®) and/or the quality of services they provide (MLS®). COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms® May/2016 NOTICE TO SELLER REGARDING ASSIGNMENT TERMS Please print clearly The Real Estate Services Regulation requires this notice to be provided to you, the seller, at the same time you are presented with a proposed contract for the purchase and sale of your property (an “offer”) if that offer does not include one or both of the following terms: x A term that provides that the contract must not be assigned without your written consent; x A term that provides that you are entitled to any profit resulting from an assignment of the contract by the buyer or any subsequent assignee. A contract assignment occurs when a buyer transfers the contract to buy property to someone else before the completion date. Before accepting this offer, you should obtain independent professional advice regarding the absence of one or both of these terms. You should also consider whether you wish to make a counter-offer that includes the absent term(s) or other terms regarding assignments. If this offer does not contain any terms about whether the contract may be assigned, x the contract may be assigned without your consent, and x you will not have any right to receive the profit, if any, made by the buyer from the sale of your property before the completion date. If you are working with a real estate licensee, the Regulation requires the licensee to inform you about the following: x if the terms included in the offer you received permit the buyer to assign the contract; x any conditions in the offer on any assignment, including whether you have the right to receive any additional money if the buyer makes a profit from assigning the contract. PART A Notice to (name of seller(s)) Street address of real estate being sold Legal description Name of licensee providing notice Date notice provided PART B – SIGNATURES AND ACKNOWLEDGEMENT I, ______________________________________________________________________________________________________________________, (name of seller(s)) acknowledge receipt of a copy of this notice at the same time the offer was presented to me on ___________________________. (date) Signature of seller(s): _____________________________________________________________________________________________________. BROKERAGE USE ONLY Note: The Council intends to amend section 8-4(1) of the Council Rules to require a brokerage to retain a copy of this notice. In the interim, the Council advises licensees to provide a copy of this notice to their managing broker, and brokerages to retain a copy of this notice. Signature of person acknowledging receipt of notice for brokerage Name of person acknowledging receipt of notice for brokerage RANJAN SHARMA Title of person acknowledging receipt of notice for brokerage Date MANAGING BROKER Mailing Address Real Estate Council of British Columbia 900-750 West Pender Street | Vancouver, BC Canada | V6C 2T8 Enquiries Tel: 604.683.9664 | Toll-free: 1.877.683.9664 | Fax: 604.683.9017 www.recbc.ca | [email protected] A COPY OF THIS NOTICE IS NOT REQUIRED TO BE PROVIDED TO THE REAL ESTATE COUNCIL UNLESS IT IS SPECIFICALLY REQUESTED. Notice To Seller Regarding Assignment Terms (Rev 05/2016) Page 1 of 1 WEBForms ® May/2016 CONTRACT OF PURCHASE AND SALE INFORMATION ABOUT THIS CONTRACT THIS INFORMATION IS INCLUDED FOR THE ASSISTANCE OF THE PARTIES ONLY. IT DOES NOT FORM PART OF THE CONTRACT AND SHOULD NOT AFFECT THE PROPER INTERPRETATION OF ANY OF ITS TERMS. 1. CONTRACT: This document, when signed by both parties, is a legally binding contract. READ IT CAREFULLY. The parties should ensure that everything that is agreed to is in writing. 2. DEPOSIT(S): Section 28 of the Real Estate Services Act requires that money held by a brokerage in respect of a real estate transaction for which there is an agreement between the parties for the acquisition and disposition of the real estate be held by the brokerage as a stakeholder. The money is held for the real estate transaction and not on behalf of one of the parties. If a party does not remove a subject clause, the brokerage requires the written agreement of both parties in order to release the deposit. If both parties do not sign the agreement to release the deposit, then the parties will have to apply to court for a determination of the deposit issue. 3. COMPLETION: ! ! " ! "# $ % &' ( % () % * % " ( required) several days before the Completion Date and the Buyer signs the documents. # () % * % ) % * % () % * () % * () % * () %) *) - ) / 0! & # #" $ ! strongly recommended that the Buyer deposits the money and the signed documents AT LEAST TWO DAYS before the Completion Date, or at the request of the Conveyancer, and that the Seller delivers the signed transfer documents no later than the morning of the day before the Completion Date. 1 # " / 0 ) 3 4 ! NOT to schedule a Saturday Completion Date as it will restrict their access to fewer lawyers or notaries who operate on Saturdays; lenders will generally % 5 % 5 of the closing process may not be open. 4. POSSESSION: (Section 5) the Buyer should make arrangements through the real estate licensees for obtaining possession. The Seller will not generally let the Buyer move in before the Seller has actually received the sale proceeds. Where residential tenants are involved, Buyers and Sellers should consult the Residential Tenancy Act. 5. TITLE: 9 : ( ( < # ! " <! # # % # # #- : in the Contract if there are any encumbrances, other than those listed in Section 9, which are staying on title before becoming legally bound. If you as the Buyer are taking out a mortgage, make sure that title, zoning and building restrictions are all acceptable to your mortgage company. In certain circumstances, the mortgage company could refuse to advance funds. If you as the seller are allowing the Buyer to assume your mortgage, you may still be responsible for payment of the mortgage, unless arrangements are made with your mortgage company. 6. CUSTOMARY COSTS: (Section 15) In particular circumstances there may be additional costs, but the following costs are applicable in most ' Costs to be Borne by the Seller % * 4 3' ? - / ! ' ? " ! ? # # ! ? - @ 3 / J- J " #- Costs to be Borne by the Buyer % * 4 3' ? # ? ! ? @ ? - 4 : @ - #" / &- / G! ' J " #? ) %K*- 7. RISK: (Section 16) The Buyer should arrange for insurance to be effective on the earlier of the Completion Date or the date the Seller receives the proceeds of sale, or the date the Seller vacates the property. 8. FORM OF CONTRACT: / - : ""' # ! ! #! ! & of land situated on a First Nations reserve) Q "! ! # ! " # #- Q 0 completed by the Seller may be available. 9. REALTOR® Code, Article 11: A REALTOR® shall not buy or sell, or attempt to buy or sell an interest in property either directly or indirectly for himself or herself, any member of his or her Immediate Family, or any entity in which the REALTOR® ! % $ @3Q@®) position known to the buyer or seller in writing. Real Estate Council Rules 5-9: If a licensee acquires, directly or indirectly, or disposes of real estate, or if the licensee assists an associate in acquiring, directly or indirectly, or disposing of real estate, the licensee must make a disclosure in writing to the opposite party before entering into any agreement for the acquisition or disposition of the real estate. BC2057 REV. DA MAY 2016 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms ® May/2016 Print Form Clear Form 2 PAGE 1 of ______ PAGES BUYER AGENCY ACKNOWLEDGEMENT Times-Roman BUYER’S BROKERAGE ASSISTANCE 11 The Buyer has requested that the Buyer’s Brokerage assist the Buyer in the purchase of a property and in consideration of that assistance the Buyer acknowledges, understands, covenants and agrees that: 1. DESIGNATED AGENCY A. Subject to Clause 5 the Buyer’s Brokerage will designate __________________________________ __________________________________________________________________________________ (the “Designated Agent ”) to act as the sole agent of the Buyer in respect of the purchase of a property and will designate one or more licensees of the Buyer’s Brokerage to act as the sole agents of all sellers or other buyers who are also represented by the Buyer’s Brokerage. If for any reason the license of the Designated Agent (or where the Designated Agent is comprised of more than one licensee, the licenses of all those licensees) is suspended, cancelled or becomes inoperative under the Real Estate Services Act or the Designated Agent (or where the Designated Agent is comprised of more than one licensee, all those licensees) is temporarily unavailable or ceases to be engaged by the Buyer’s Brokerage, the Buyer’s Brokerage will designate another licensee of the Buyer’s Brokerage to act as the agent of the Buyer. B. Subject to Clause 5 the Designated Agent will not disclose to other licensees, including licensees of the Buyer’s Brokerage who represent sellers or other buyers any confidential information of the Buyer obtained through the Designated Agent’s agency relationship with the Buyer unless authorized by the Buyer or required by law. C. Subject to Clause 5: (i) an agency relationship will exist only with the Designated Agent; (ii) information obtained by the Designated Agent through the Designated Agent’s agency relationship with the Buyer will not be attributed to the Buyer’s Brokerage or to other licensees of the Buyer’s Brokerage who represent other buyers or sellers; and (iii) no agency relationship will exist with the Buyer’s Brokerage and the Buyer’s Brokerage’s obligations to the Buyer will be limited to the obligations set out in Clauses 3, 5A and 5C. 2. DESIGNATED AGENT A. The Designated Agent will not be obligated to make the Buyer aware of any or all properties which may meet the Buyer’s requirements; B. The Buyer’s Brokerage may terminate the agency relationship with the Buyer at any time; C. Subject to Clause 2A and 2B the Designated Agent will: (i) act as the agent of only the Buyer with respect to a property in which the Buyer becomes interested except where the Buyer consents to limited dual agency (see Clauses 1 and 5); (ii) unless otherwise agreed to, use reasonable commercial efforts to promote the interests of the Buyer; (iii) at the earliest reasonable opportunity advise any seller of property in which the Buyer becomes interested that the Designated Agent is the agent of the Buyer; (iv) exercise reasonable care and skill in the provision of services; (v) fulfill the duties set out in the Real Estate Services Act Rule 3.3(1) as modified or made inapplicable by agreement between the Buyer and the Buyer’s Brokerage; and (vi) obey all lawful instructions of the Buyer that are consistent with the Real Estate Services Act and Rules and the Bylaws and Code of Ethics of the real estate board or association of which they are a member. 3. BUYER’S BROKERAGE A. The Buyer’s Brokerage will monitor and supervise the activities of the Designated Agent to ensure compliance by the Designated Agent with the Buyer’s Brokerage’s policies and procedures governing designated agents; B. The Buyer’s Brokerage will hold all monies received by the Buyer’s Brokerage in trust in accordance with the Real Estate Services Act; and BC2044 REV. DA JUN 2012 COPYRIGHT BC REAL ESTATE ASSSOCIATION WEBForms TM Jun/2012 Print Form Clear Form 2 PAGE 2 of ______ PAGES 4. BUYER ACKNOWLEDGEMENTS A. It is not a conflict or breach of duty to the Buyer for the Buyer’s Brokerage or the Designated Agent to show or introduce property in which the Buyer is interested to other buyers, or to have agency relationships with other buyers; B. It is not a conflict or breach of duty to the Buyer for the Buyer’s Brokerage to be engaged by sellers and for the Designated Agent to have agency relationships with sellers; and C. The Buyer’s Brokerage and the Designated Agent will not be required to disclose to the Buyer confidential information obtained through any other agency relationship. 5. LIMITED DUAL AGENCY A. If the Designated Agent (or where the Designated Agent is comprised of more than one licensee, any of those licensees) is also the agent of a prospective seller of property in which the Buyer becomes interested the Buyer’s Brokerage: (i) will seek the written consent of the Buyer and the prospective seller for the Designated Agent to continue to act as their limited dual agent to facilitate a purchase of the property in which the Buyer is interested; or (ii) if the parties do not consent to (i), may designate another licensee of the Buyer’s Brokerage to act as the designated agent for that seller in which case neither the Designated Agent nor the Buyer’sBrokerage will be required to disclose to the Buyer confidential information obtained by the Designated Agent through the Designated Agent’s agency relationship with that seller. B. If the Designated Agent (or where the Designated Agent is comprised of more than one licensee, any of those licensees) is also the agent of another prospective buyer of property in which the Buyer becomes interested, the Buyer’s Brokerage: (i) will seek the written consent of the Buyer and the other prospective buyer for the Designated Agent to continue to act as the agent of both parties on acceptable terms; or (ii) if the parties do not consent to (i), may designate another licensee of the Buyer’s Brokerage to act as the designated agent for that other prospective buyer in which case neither the Designated Agent nor the Buyer’s Brokerage will be required to disclose to the Buyer confidential information obtained by the Designated Agent through the Designated Agent’s agency relationship with that other buyer. C. Where the Buyer and the prospective seller or the other prospective buyer have consented to the Designated Agent acting as their limited dual agent, the Designated Agent’s duties will be modified by the limitations described in the brochure published by the British Columbia Real Estate Association entitled Working With a REALTOR®. 6. NO REMUNERATION The signing of this Acknowledgment does not obligate the Buyer to pay any remuneration directly to the Buyer’s Brokerage or Designated Agent for services provided to the Buyer by the Buyer’s Brokerage and the Designated Agent unless otherwise agreed to by the parties. Acknowledged by: Buyer: _________________________________ Buyer: _________________________________ Date: __________________________________ *PREC represents Personal Real Estate Corporation Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTOR®) and/or the quality of services they provide (MLS®). BC2044 REV. DA JUN 2012 COPYRIGHT BC REAL ESTATE ASSSOCIATION WEBForms TM Jun/2012 Print Form Clear Form You are now working offline from WEBForms. Please click 'Check For Updates' to ensure you have the latest version of this form DISCLOSURE OF REMUNERATION* (Council Rules, section 5-11) Please Print Clearly Real Estate Council of British Columbia SECTION 5-11 OF THE REAL ESTATE COUNCIL RULES REQUIRES DISCLOSURE TO BE PRESENTED TO YOU BEFORE THE LICENSEE RECEIVES OR ANTICIPATES RECEIVING REMUNERATION, OTHER THAN ANY REMUNERATION PAID DIRECTLY BY YOU, THE CLIENT, AS A RESULT OF PROVIDING REAL ESTATE SERVICES TO YOU OR ON YOUR BEHALF. *“remuneration” includes any form of remuneration, including any commission, fee, gain or reward, whether the remuneration is received, or is to be received, directly or indirectly. PART A Notice to (name of client) Street address of subject real estate PART B - DISCLOSURE I _________________________________________ am licensed under the Real Estate Services Act and I disclose to you that: (tick applicable box) (name of licensee) Amex - Fraseridge Realty My related brokerage _________________________________________________________ will receive or anticipates receiving a commission of (name of brokerage) __________________________________________________________________________________________________________________ (indicate amount or method of calculation) from _______________________________________ . (name of individual or organization) I or my related brokerage _____________________________________________________ will receive or anticipates receiving remuneration (name of brokerage) in the form of or amount of ____________________________________________________________________________________________ (indicate form or amount of remuneration) _________________________________ from __________________________________________ as a result of recommending or referring: (name of individual or organization) you to the following individual or organization _____________________________________________________________________ (name of individual or organization) the following individual or organization _____________________________________________________________________ to you (name of individual or organization) PART C - SIGNATURES AND ACKNOWLEDGEMENT This disclosure is made to you in compliance with section 5-11 of the Council Rules under the Real Estate Services Act, at ____________________________________ on ______________________ (place) (date) Name of Licensee _________________________________________ Signature of Licensee ______________________________________ Acknowledgement and Receipt The undersigned acknowledges receipt of this Disclosure of Remuneration at __________________________________ on __________________ (place) (date) Signature of person/persons to whom disclosure has been made _________________________________________________________________ Mailing Address Real Estate Council of British Columbia 900 – 750 West Pender Street Vancouver, BC Canada V6C 2T8 Enquiries Telephone: 604-683-9664 Toll-free 1-877-683-9664 Fax: 604-683-9017 www.recbc.ca REV 06/2006 A COPY OF THIS DISCLOSURE IS NOT REQUIRED TO BE PROVIDED TO THE REAL ESTATE COUNCIL UNLESS IT IS SPECIFICALLY REQUESTED. WEBForms TM Jun/2006 Print Form PAGE 1 OF 2 Clear Form WORKING WITH A REALTOR® (DESIGNATED AGENCY) PAGE 1 OF 5 AN EXPLANATION OF THE RELATIONSHIP BETWEEN YOU AND A REALTOR® AND OF THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION LIMITED DUAL AGENCY YOUR RELATIONSHIP WITH A REALTOR® Buying, selling or leasing real estate is a significant financial transaction. To help you ensure your experience is a rewarding one, it is advisable that you learn the legal and professional guidelines that will define the working relationship you have with your REALTOR®. This brochure also explains the collection, use and disclosure of personal information under Privacy guidelines. If you are still unclear about any of these concepts, feel free to seek legal counsel. REAL ESTATE DEFINITIONS YOU SHOULD KNOW Times-Roman Limited Dual Agency occurs when the Designated Agent represents both the buyer/tenant and seller/landlord in the same transaction or two buyers competing for the same property. In this arrangement, the REALTOR® cannot be concerned exclusively with your interests in the transaction, since they are acting on behalf of the other party as well. Both the seller and the buyer or the competing buyers should fully consent to a limited dual agency arrangement in writing. A REALTOR® who has consent to work as a limited dual agent must adhere to the following restrictions: A. B. REALTOR® is often used interchangeably with licensee, real estate agent or representative to describe someone licensed under the Real Estate Services Act. A Designated Agent is the person(s) designated by the Brokerage to act for you, the Client, as your sole agent in real estate transactions. This person is almost always a licensed REALTOR®. Brokerage refers to the real estate company where your REALTOR® is licensed. The Boards are the real estate boards of which the Brokerage and the REALTOR® are members. The Boards set and enforce the professional standards of members, and will help resolve disputes between member REALTORS® and the public. The Multiple Listing Service® System (MLS®) comprises a computerized database of real estate listings and sales, operated by the Boards in conjunction with The Canadian Real Estate Association. In documentation, the buyer/ tenant is often referred to as the purchaser, the seller/landlord, the vendor, the landlord the lessor, and the tenant the lessee. The client (sometimes called the principal) is someone who has engaged a Designated Agent and their Brokerage to act for and on his or her behalf either to buy, sell or lease real estate. The customer is a buyer/ tenant or seller/landlord who receives services from a REALTOR(S)® who is not their Designated Agent. 11 C. Deal with both parties impartially; Have a duty of disclosure to both clients, except that: i. REALTOR® must not disclose that the buyer/tenant is willing to pay a price or agree to terms other than those contained in the offer, nor disclose that the seller/landlord is willing to accept a price or terms other than those contained in the listing; ii. in the case of competing buyers, the REALTOR® must not disclose the amount or terms of any offer to purchase or lease made or contemplated by either buyer/tenant; iii. REALTOR® must not disclose the motivation of one Client to the other Client, unless one of the Clients has authorized such disclosure themselves; iv. REALTOR® must not disclose buyer/tenant’s or seller/ landlord’s personal information to the other Client, unless authorized in writing. (This refers to information not otherwise disclosed in the transaction documents.) Must disclose to the buyer/tenant any defects about the physical condition of the property that are known to the REALTOR®. ABC Real Estate Co. THERE ARE THREE POSSIBLE MODELS YOU CAN USE TO BUY, SELL OR LEASE PROPERTY THROUGH A REALTOR® DESIGNATED AGENCY When a brokerage designates a REALTOR® or REALTORS® to work solely on your behalf in real estate transactions, the REALTOR® and brokerage are bound by ethics and the law to be honest and thorough in representing you. The brokerage must account for all money and property placed in its hands while acting for you. The REALTOR® must: • • • • Provide undivided loyalty to you (Client) by protecting your negotiating position at all times, and disclose to you all known facts which may affect or influence your decisions; Obey all lawful instructions which you give the REALTOR® to act on your behalf; Maintain the confidentiality of your information (financial, legal, personal, etc.) (See following PRIVACY section); Use reasonable care and skill in performing all assigned duties in the role as agent. ABC Real Estate Co. REALTOR® Buyer Seller In this situation, the REALTOR® is not permitted to recommend or suggest a price, negotiate on your behalf, inform you of their client’s bottom line price point or disclose any confidential information about their client unless otherwise authorized by the client (or if in special circumstances, the law required it). However, the REALTOR® can provide you with other services, such as: Explaining real estate terms, practices and forms Assist in screening or viewing properties Prepare and present all offers and counter offers at your direction Inform you of lenders and their policies Identify and estimate costs involved in a transaction YOUR RESPONSIBILITIES AS A BUYER/TENANT OR A SELLER/LANDLORD As a buyer/tenant or a seller/landlord, you should: • • Seller REALTOR® You may also choose to use the services of a REALTOR® without having any kind of agency relationship. This might occur, for example, when you contact or are being shown a property by the seller/landlord’s Designated Agent who will treat you as their customer rather than their client. • • • • • XYZ Real Estate Co. REALTOR® Buyer CUSTOMER RELATIONSHIP: Working With a REALTOR® Who is Not Your Agent Carefully read all documents and understand what you are signing. If you need special or expert advice, seek other professionals for advice. BC 1007-F NEW DA JUN 2012 COPYRIGHT WEBForms TM Jun/2012 Print Form PAGE 2 OF 2 Clear Form WORKING WITH A REALTOR (DESIGNATED AGENCY) ® PRIVACY In order to help you sell, buy or lease real estate. REALTORS®, Brokerages and real estate boards need to collect, use and disclose some of your personal information. Personal Information means any personal information about you, including your name, address, phone number, financial information and may include information about your property (such as listing and selling price, lease rate, listing term, etc.). How is my personal information collected? Most personal information will be collected directly from you through the contracts and other documents you fill out (e.g., Multiple Listing Contract, Contract of Purchase and Sale, Offer to Lease, seller’s Property Disclosure Statement) and through discussions you have with your REALTOR®. Some information may be collected from other sources such as government departments and agencies (e.g., Land Title Offices, BC Assessment), financial institutions and mortgage brokers. To whom may my personal information be disclosed? Your information may be disclosed to (or may be accessible by) the Boards and their staff and members, other real estate boards and their staff and members, other REALTORS® and their clients, government departments and agencies, financial institutions, legal advisors, service providers, the British Columbia Real Estate Association, the Real Estate Council of British Columbia, The Canadian Real Estate Association and members of the public, for the purposes described below. Not all of your information will be accessible to each of the abovementioned entities. For example, once the listing term has ended, the general public will not have access to your information unless it is otherwise available through public registries (e.g., BC Assessment, Land Title Offices). PURPOSES FOR COLLECTING, USING AND DISCLOSING PERSONAL INFORMATION b) Your REALTOR® may communicate with you to provide information about other products or services which may interest you. c) Other REALTORS® may communicate with you to determine whether you require additional real estate services. d) The Boards, other real estate boards and their members, and survey firms on their behalf, may communicate with you to determine if you wish to participate in customer satisfaction surveys and other surveys. These additional purposes are optional. If you do not want your personal information disclosed or used for these purposes, please contact the Board’s privacy officer. Contact information for all real estate boards within BC can be found at the British Columbia Real Estate Association website: www.bcrea.bc.ca or telephone 604.683.7702. ACKNOWLEDGEMENT REALTORS®, Brokerages and real estate boards need to collect, use and disclose some personal information to help you sell, buy or lease real estate. I/We consent to the Boards, other real estate boards, the Brokerage and the REALTOR(S)® collecting, using and disclosing personal information for the purposes (and to the recipients) described in the brochure. I/We further understand that I/we will be signing additional documentation acknowledging the type of agency that I/we receive and consenting to the collection, use and disclosure of personal information. This is not a service agreement and does not impose any contractual obligations. I/We acknowledge having received and read the brochure Working With a REALTOR® from the REALTOR® named below and have obtained satisfactory answers to any questions that it raised. I/We understand the various types of relationships that may occur between myself/ourselves and a REALTOR® and acknowledge that my/our relationship with the undersigned REALTOR(S)® is: Why is my personal information collected, used and disclosed? Your information may be collected, used and disclosed for some or all of the following purposes: a) To allow members of real estate boards (including REALTORS® and appraisers) to appraise your property. b) To list your property with the Multiple Listing Service® System in order to market your property. c) To market your property for sale or lease through any other media (both print and electronic). d) To help you locate a suitable property to purchase or lease. e) To facilitate the purchase and sale or lease transaction (by cooperating with financial institutions, legal advisors and government departments and agencies). f) To allow the Boards and other real estate boards and their members (including REALTORS® and appraisers) to compile current and historical statistics on sales and property prices and lease rates, and to conduct comparative market analyses. Information about your property will be retained in the Multiple Listing Service® System for these purposes after your property has sold or leased or your listing has expired (if you are a seller/ landlord) and after you have purchased or leased your property (if you are a buyer/tenant). g) To enforce codes of professional conduct and ethics for members of real estate boards (by cooperating with real estate boards, the British Columbia Real Estate Association, the Real Estate Council of British Columbia, The Canadian Real Estate Association and other regulatory bodies). h) To comply with legal requirements and to act pursuant to legal authorizations. The above-mentioned collections, uses and disclosures are a necessary part of your relationship with your REALTOR®. Will my personal information be collected, used and disclosed for any other purposes? Your information may also be collected, used and disclosed for the following additional purposes: a) Your REALTOR® may communicate with you in future to determine whether you require additional real estate services. a client relationship under Designated Agency Initials Initials OR NA NA Initials Initials a customer relationship ACKNOWLEDGED BY: _______________________________________________________ NAME (PRINT) _______________________________________________________ SIGNATURE _______________________________________________________ NAME (PRINT) _______________________________________________________ SIGNATURE Ranjan Sharma _______________________________________________________ NAME OF REALTOR® (PRINT) _______________________________________________________ PER: REALTOR®’S SIGNATURE _______________________________________________________ NAME OF REALTOR® (PRINT) _______________________________________________________ PER: REALTOR®’S SIGNATURE Amex - Fraseridge Realty _______________________________________________________ NAME OF BROKERAGE (PRINT) __________________________________________, yr.__________ DATED BC 1007-F NEW DA JUN 2012 COPYRIGHT WEBForms TM Jun/2012 Fintrac If the buyer is a corporation then download and use corporate Fintrac Form not this individual form. Individual Identification Information Record CREA NOTE: An Individual Identification Information Record is required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. This Record must be completed by the REALTOR® whenever they act in respect to the purchase or sale of real estate. It is recommended that the Individual Identification Information Record be completed. (i) for a buyer when the offer is submitted and/or a deposit made, and (ii) for a seller when the seller accepts the offer. Transaction Property Address: Sales Representative/Broker Name: Date: A. Verification of Individual NOTE: This section must be completed for clients that are individuals or unrepresented individuals who are not clients, but are parties to the transaction (e.g. unrepresented buyer or seller). Where an unrepresented individual refuses to provide identification after reasonable efforts are made to verify that identification, a REALTOR® must keep a record of that refusal and consider sending a Suspicious Transaction Report to FINTRAC if there are reasonable grounds to suspect that the transaction involves property from the proceeds of crime, or terrorist activity. Where you are using an agent or mandatary to verify an individual, see procedure described in CREA's FINTRAC Compliance booklet. 1. Full legal name of individual: 2. Address: 3. Date of Birth: 4. Nature of Principal Business or Occupation: 5. Type of Identification Document*: (must view the original, see below for list of acceptable documents) 6. Document Identifier Number: 7. Issuing Jurisdiction: (Provincial, Territorial, or Federal Government) 8. Document Expiry Date: (must be valid and not expired) *Acceptable identification documents: birth certificate, driver's licence, provincial health insurance card (not acceptable if from Ontario, Manitoba or Prince Edward Island), passport, record of landing, permanent resident card, old age security card, a certificate of Indian status, or SIN card (although SIN numbers are not to be included on any report sent to FINTRAC). Other acceptable identification documents: provincial or territorial identification card issued by the Insurance Corporation of British Columbia, Alberta Registries, Saskatchewan Government Insurance, the Department of Service Nova Scotia and Municipal Relations, the Department of Transportation and Public Works of the Province of Prince Edward Island, Service New Brunswick, the Department of Government Services and Lands of the Province of Newfoundland and Labrador, the Department of Transportation of the Northwest Territories or the Department of Community Government and Transportation of the Territory of Nunavut. If identification document is from a foreign jurisdiction, it must be equivalent to one of the above identification documents. © CREA June 23 2008. This document has been prepared by The Canadian Real Estate Association for the explicit use by members in complying with requirements of Canada's Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) © 2008 1/2 Individual Identification Information Record CREA B. Verification of Third Parties (if applicable) NOTE: Complete this section of the form when a client or unrepresented individual is acting on behalf of a third party. Where you cannot determine if there is a third party, but there are reasonable grounds to suspect the individual is acting on behalf of a third party, you must keep a record of that fact. 1. Name of third party: 2. Address: 3. Date of Birth: 4. Nature of Principal Business or Occupation: 5. Incorporation number and place of issue (if applicable): 6. Relationship between third party and client: © CREA June 23 2008. This document has been prepared by The Canadian Real Estate Association for the explicit use by members in complying with requirements of Canada's Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) © 2008 2/2 CREA Receipt of Funds Record NOTE: A Receipt of Funds record is required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act for every amount of funds that a REALTOR® receives in the course of a single real estate transaction. A REALTOR® does not have to keep a Receipt of Funds Record if the funds are received from a financial entity or a public body that is buying or selling, or if a Large Cash Transaction Record must be completed. It is the responsibility of the broker to ensure that a record is kept for five years from the date it was created. (i) When a REALTOR® completes a Receipt of Funds Record, they must also complete an Identification Information Record at the same time, unless the Identification Information Record was completed prior to the receipt of funds. (ii) When both the buyer and seller are represented, it is the agent of the buyer who is required to complete and retain a Receipt of Funds Record in respect of the deposit made, regardless of who retains the deposit. Transaction Property Address: Sales Representative/Broker Name: Date: 1. Amount and currency of Funds Received: Cheque Certified Cheque Cash Other (a) If cash, indicate method of receipt (in person, mail, courier, other (explain)) (b) If cheque, indicate: - Number of account: - Financial institution: - Name of account holder: 2. Date of receipt of funds: 3. Account where funds were deposited (e.g. broker's trust account): NOTE: Where the funds are deposited in the listing agent's account, the buyer's agent is only required to make reasonable efforts to obtain this information. - Number of account: - Type of account: - Name of account holder: 4. Purpose of funds (e.g., deposit for purchase): 5. Other details concerning receipt of funds: © CREA June 23 2008. This document has been prepared by The Canadian Real Estate Association for the explicit use by members in complying with requirements of Canada's Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) © 2008 1/1 DEAL # ____________________ ACCEPTANCE: _______________________ SALES PERSON’S NAME: Amex - Fraseridge Realty SIGNATURE: NATURE OF TRANSACTION RES STRATA BUSINESS & ICI Property sold Subject Removal Dates Closing Dates: Possession: Civic Address Legal Description #1 #2 Completion: Adjustment: SELLER Strata Management Co. BUYER BUYER (S) NAME: Address: Address: Res. Bus. Tel# AGE___________ #3 SELLER (S) NAME: Tel# LEASE Telephone# Res. Bus. SELLER (S) LAWYER: BUYER (S) LAWYER: Address: Address: Tel# Fax# Tel# Fax# OTHER BROKER OTHER BROKER:: OTHER BROKER: Sales Person Address: Sales Person Address: Tel# Fax# Tel# Fax# SALES PRICE DEPOSIT SALE PRICE $ DEPOSIT $ DEPOSIT HELD BY FUTHER: TOTAL DEPOSIT$: DATE: DATE: DATE: COMMISSION DISTRIBUTION LIST Co-Broker Commission GST TOTAL COMMISSION Less: Deal Fees Less: MLS Fees GST TOTAL DEDUCTIONS NET SELL LIST & SELL TOTAL GROSS WE ARE UNABLE TO PROCESS YOUR SALE WITHOUT THE FOLLOWING ITEMS REPRESENTATIVE: ________________________________________________ File# ________ Re: _______________________________________________________________________________ 1ST Memo Request:___________________________ 2nd Memo Request: ______________________ PLEASE PROVIDE WITHIN 24 HOURS OF ACCEPTANCE Deal sheet completed in FULL & SIGNED– AFTER ACCEPTANCE as per RESA RULE 3-2 FINTRAC - for all your client(s) and /or Your customer(s) COPY OF CMA - signed by your client(s) Buyer Agency acknowledgement Remuneration Disclosure as per RESA RULE Contract not readable, need original contract. Working with a Realtor brochure for your Seller or Buyer as per RESA RULE 5-10 Limited dual agency agreement signed by all parties as per RESA RULE 5 –10 No Agency Disclosure as per RESA RULE 3-4 Pages not numbered or dated on contract / Missing P.I.D # as per RESA SEC 8-5 Seller’s acceptance date / Open for acceptance date as per RESA RULE 3 –2 Copy of MLS Printout - FULL REALTOR COPY. Proper Separate Commission Agreement with all signatures (not to be included in C P S) RESA RULE 5-11 5 - 11 PLEASE PROVIDE WITHIN 24 HOURS OF SUBJECT REMOVAL Current Title Search as per page 58-61 of the LPM with Buyer’s acknowledgment Form B (Section 59) as per Strata Property Act, LPM Pages 101-183 Late deposit form signed by the Seller(s) as per RESA RULE 3-1 Property Disclosure Statement - residential or strata signed by both parties-RESA RULE 5 –13 Signed inspection waiver (limited dual if applicable) RESA RULE 5 – 13 Financial statements signed by Buyer or statements under oath by Seller. Acknowledgment of Receipt of Strata Documentation signed by Buyer(s) or Buyer’s agent. SEE MANAGER RE:______________________________________________________________________ Your account will be invoiced $35.00 for the above missing documents. You are provided with the CHECK List attached to DEAL SHEET so that you will Provide all required documents on submission. No Remuneration will be paid until all the missing documents are submitted to the office. CONTRACT OF PURCHASE AND SALE ADDENDUM MLS® NO.: 1 PAGES 1 of ____ PAGE ____ DATE: ................................................................................................................................................................................................................... RE: ADDRESS LEGAL DESCRIPTION: .................................................................................................................................................................................................................. PID OTHER PID(S) FURTHER TO THE CONTRACT OF PURCHASE AND SALE DATED .................................................................................................... MADE BETWEEN ......................................................................................................................................................... AS BUYER, AND ...................................................................................................................................................................AS SELLER AND COVERING THE ABOVE-MENTIONED PROPERTY, THE UNDERSIGNED HEREBY AGREE AS FOLLOWS: THE BUYER AGREES TO REMOVE THE FOLLOWING SUBJECTS: 1. Subject to a new first mortgage being made available to the buyer on or before11.59 pm_________________, 201___, in amount of $ ___________________ at an interest rate not to exceed _____ % per annum calculated semi-annually, not in advance with a ____ - year amortization period, ____ year term and repayable in blended payments of approximately $ __________________ per month including principal and interest [ plus1/12 of annual taxes, if required by the mortgagee ]. This condition is for the sole benefit of the Buyer. 2. Subject to the Buyer, on or before 11.59 pm _________________, 201__, at the Buyer's expense, obtaining and approving an inspection report against any defects whose cumulative cost of repair does not exceeds $ ________ and which reasonably may adversely affect the property's use or value. The Seller will allow access to the property for this purpose on reasonable notice. This condition is for the sole benefit of the Buyer. 3. Subject to the Buyer, on or before 11.59 pm _________________, 201___, approving the Property Disclosure Statement dated ___________, 201__, with respect to the information that reasonably may adversely affect the use or value of the property. If approved, such statement will be incorporated into and will form part of this contract. This condition is for sole benefit of the Buyer. 4. Subject to the Buyer, on or before 11.59 pm ______________, 201___, receiving a current property title search including a copy of the easements, covenants, building schemes, land use contracts and right of ways, if they exist, from the Seller, at the Seller's cost. The Buyer must peruse and be satisfied with its contents and is advised to receive an independent legal advice regarding the nature and effects of the charges if they exist. This condition is for the sole benefit of the Buyer. 5. Subject to the Buyer obtaining approval for fire/property insurance, satisfactory to the Buyer by 11.59 pm ______________, 201___.This subject is for the sole benefit of the Buyer. 6. Subject to the Buyer receiving from the Seller, at Seller's cost and being satisfied with the contents of the building permit and occupancy permit to determine if the relevant provisions of the HOMEOWNER PROTECTION ACT are met [ only if Building permit was issued after July 01,1999 ] on or before 11.59 pm _________________, 201___. This condition is for the sole benefit of the Buyer. X WITNESS X WITNESS X WITNESS X WITNESS SEAL BUYER PRINT NAME SEAL BUYER PRINT NAME SEAL SELLER PRINT NAME SEAL SELLER PRINT NAME *PREC represents Personal Real Estate Corporation Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTOR®) and/or the quality of services they provide (MLS®). BC2005 REV AUG/15 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND THE CANADIAN BAR ASSOCIATION (BC BRANCH) WEBForms ® Aug/2015 AMEX-FRASERIDGE REALTY 9LFWRULD'ULYH Vancouver, B.C. V5P 3Z6 604-322-3272 RELEASE OF TRUST HOLDBACK RE:____________________________________________________________________ Further to the Contract of Purchase and Sale dated ______________________________ Made Between ________________________________________________as Vendor(s) and _______________________________________________________as Purchaser(s) and covering the above-mentioned property, the undersigned hereby agree as follows: The Purchaser(s) has inspected and is hereby satisfied that: (A) All garbage from the property has been removed. (B) All of the appliances are in working condition. (C) ___________________________________________________________ (D) ___________________________________________________________ The Purchaser(s) hereby authorizes the Purchaser’s Lawyer/Notary to release the holdback in the amount of $ _________________ to the Vendor(s). DATED THE _______DAY OF ____________________________,20_________. _______________________________ WITNESS __________________________________ PURCHASER _______________________________ WITNESS ___________________________________ PURCHASER _______________________________ WITNESS ____________________________________ PURCHASER LAWYER’S INFO RE : PROPERTY LOCATED AT___________________________ _____________________________________________________________________ SELLER’S LAWYER:__________________________________________________ ADDRESS: __________________________________________________________ __________________________________________________________ PHONE: _______________________ FAX: _______________________ BUYER’S LAWYER: ___________________________________________________ ADDRESS: ___________________________________________________________ ___________________________________________________________ PHONE: ______________________ FAX: ________________________ DATE SUBMITTED : ______________________________________________ REPRESENTATIVE : ________________________________ REPRESENTATIVE’S SIGNATURE ___________________________ IF THERE IS A CHANGE IN LAWYER’S PLEASE NOTIFY ADMINISTRATION IN WRITING ASAP… THANK YOU.