A Residential Real Estate Purchase Contract in BC Sample is a legal document that is used to buy or sell residential property in British Columbia. It’s a standard form that is published by the BC Branch of the Canadian Bar Association and the BC Real Estate Association.
It includes the offer price, deposit amount, sale completion date and possession date. It also has a list of conditions. These include financing, home inspection and more.
Offer Price
One of the more interesting aspects of a real estate purchase is the negotiations that are often held between buyers and sellers. Aside from negotiating a price and terms that both parties can agree on, the negotiation process also involves an informed discussion of all the relevant pros and cons. This is where a good real estate agent comes in. This is especially true if the property in question is located in a hot real estate market such as Vancouver, Victoria or Saanich. The key to successful negotiations is an open line of communication and the ability to listen.
In BC, there are many standardized forms of documentation used to substantiate and close a sale. The most important is a well crafted and well documented contract or agreement which is signed and sealed by both the buyer and seller. A solid if not perfect contract is the backbone to a smooth and profitable home buying or selling experience.
Deposit
The deposit is a good faith payment that shows the seller that you are serious about purchasing the property and are committed to completing your purchase. It typically forms part of the purchase price and is credited towards closing costs and down payments.
Often, the deposit amount is a percentage of the offer price and can vary depending on the situation. Generally, it is between 3-5% of the purchase price.
When you hand in the deposit, it must be in a form of a bank draft or wire transfer (Cash, certified or personal cheques are NOT acceptable as a real estate deposit). This money is held in trust by your buyer’s agent or lawyer until closing day and disbursed by them when you complete the transaction.
A good buyer’s agent will advise you of the standard deposit amount. This is usually 5% of the purchase price, but can be higher if you are competing with other buyers in a multiple offer situation.
The deposit can be paid when the offer is accepted or upon subject removal, but it is most common to have it paid within 24 hours of subject removal. The buyer’s deposit must be accompanied by an attached release form that confirms the terms of the release.
If the deposit is not returned when it should be, this may be considered a breach of contract. This may result in a dispute between the parties, which could lead to litigation.
A buyer’s deposit is usually a significant amount of money and is used as a sign of good faith by the buyer that they will complete their purchase. However, if the buyer doesn’t act in good faith, the deposit can be lost and it can take a lot of time and effort to recover the funds.
Sale Completion Date
The sale completion date is the day that ownership of the property officially transfers from the seller to the buyer. This is usually 30 to 90 days after the offer has been accepted by the seller, and it can be changed by negotiation between the buyer and the seller.
The date will also include when funds are transferred and the title is registered at the land title office. This is important because it is at this point that the buyer will be able to legally move into the property, as long as all other conditions have been met and all fees are paid.
In addition, it will also detail the amount of any other costs associated with buying and selling the property (such as inspections, appraisals or any repairs required to the home). It is advisable to have this date written down so that you have a record of the dates and times when certain actions should be taken and can reference these in case there are any disputes later on.
Another important part of this section is the legal description of the property. This is information that comes from the records of the land title office and identifies the specific plot of land as well as its boundaries.
Often, this will also include the parcel identifier, which is a 9-digit number used to identify a particular piece of land within the land title registry. It is a crucial part of the documentation that your lawyer or notary should ensure you have correctly filled in.
There are many different ways to change the date of a residential real estate purchase contract in BC sample, but it is a good idea to work with your realtor so they can help you make the changes as smooth as possible. It is also a good idea to get a copy of the contract in advance so you can be sure that you have a clear understanding of the agreement and that the changes you want to make will be effective.
Possession Date
In real estate, the possession date is often one of the most confusing aspects of the transaction. It can have a significant impact on whether a buyer can move into the property and start living there, or if they have to wait until the seller has vacated.
This section is a key part of the standard BC purchase contract, as it outlines when ownership and risk transfer from the seller to the buyer. This date typically occurs around 12:01am on the closing date. It is also important to note that this is the time when a buyer’s insurance becomes active.
Having a clear understanding of the possession date is critical to ensuring that the purchase contract is correctly executed and that both parties are satisfied with the final agreement. In addition, it is important to keep in mind any local laws that could impact the possession date.
Possession is the day that the buyer is entitled to take legal possession of the property, whether that’s physically moving in or taking over as the landlord and occupying the property. It’s often a couple of days after completion, but in some cases it may be longer.
The Possession Date is a key part of the standard BC Real Estate Purchase Contract, as it lays out when ownership and risk transfer from the seller to buyer. This date is often tied to the registration and receipt of sale proceeds, so it is important to be aware of any timing issues that may arise on this day.
The Adjustment Date is also important to understand, as it relates to tax transfers from the seller to the buyer. This is the date where fees and BC property taxes that have been paid in advance by the seller need to be adjusted for in the purchase price.
Conditions
A residential real estate purchase contract is a legal document that defines the terms of an offer made to buy a house in BC. This contract is usually filled out by a buyer’s realtor and contains specific conditions that the buyer agrees to.
These conditions are designed to protect the buyer and make sure that the home is in good condition when they take possession. They can also help a buyer save money on repairs, as they give them a chance to walk away if there are any serious issues.
If you are buying a house in BC, be sure to review all the conditions carefully. You should check that there are no surprises or stipulations in the conditions that you haven’t been informed about.
The first condition is the offer price, which determines how much money the buyer is willing to pay for a property. The offer price can be a fixed amount or it can be an amount that is subject to negotiation by the buyer and seller.
Another condition is the financing condition, which states that the purchase is contingent on the buyer obtaining funding through a mortgage loan. This is important because if you do not have enough money for the purchase, you may lose your deposit or be sued by the seller.
Finally, the purchase agreement is subject to the home inspection condition, which states that the buyer has a right to get a home inspection on the property and if anything serious is found they can walk away from the deal. This is an important safety precaution and can save you thousands of dollars on repairs.
As a result of the booming residential real estate market in BC, the government introduced a new cooling-off period for home buyers. This regulation, which is known as the Home Buyer Rescission Period (HBRP), gives home buyers three days after they sign their purchase agreements to back out of the transaction without having to pay a rescission fee.
Among many other things, David A. Grantham is a contributing author to UmassExtension West Vancouver Blo. He is a renowned expert on real estate in BC.
Born in North Vancouver, Louisiana, Dr. Grantham grew up in Lower Lonsdale. He then went on to complete his business degree at the University British Columbia. As of this writing, Grantham has completed over 100 projects, including the development of a high rise building in Vancouver.
He is a husband, father, son, brother, and friend. He was a dedicated outdoorsman and enjoyed sports such as hunting, fishing, scuba diving, and snow skiing. His wife, Alison Grantham, and their two daughters survived him. He is survived by his wife Alison Martin Grantham and two daughters.