A good real estate purchase contract usually contains numerous details and information concerning the property so it must be treated very seriously. A good real estate contract usually holds huge amounts of information and in some jurisdiction it must be in written form to be enforceable. The contract can identify the full names of the parties; hold the address and legal description of property; identify the purchase price; it must be voluntarily signed by both parties; have a legal purpose; involve only competent parties (age, medical conditions, etc.); show that both sides agree upon the purchase What is most important is that the rules for buying a home vary from province to province. The first thing that you need to find if you consider buying a home is – an experienced real estate lawyer working in the province where you plan to buy a house. We will also provide you with some general info about real estate purchase in various provinces.
British Columbia has an odd tradition of inviting the lawyer only at the final stage of the contract signing. Basically the lawyer signs the contract and only after that reviews it. Needless to say that it is better to avoid this tradition and consult a lawyer right from the beginning.
Ontario is one of the best places to buy or sell a home. The province has one of the most advanced land registration systems in the world; Ontario has the title insurance; the province also has competent, well regulated professionals; the costs of buying, selling and owning real estate in Ontario are very reasonable; finally the province has a protection plan for new home buyers and mortgage insurance programs.
Due to the civil law traditions the rules for real estate in Quebec can be very different in details of the contract. So in this province it is even more important to find an experienced local real estate lawyer who is familiar with Quebec real estate mortgages, amortization terms, repayment frequencies and prepayment options, along with their respective merits and demerits.
In Alberta the contracts have flexible terms and conditions, while the whole process is considered to be very complicated. Also if you are purchasing property through an agent most probably you will be offered one of the standardized contracts used in the province.
In Saskatchewan the brokers use the local standard forms for the reel estate purchase contracts. Also the Law Society of Saskatchewan is active in establishing standardized conditions and terms for purchases done with the help of real estate lawyers.
The real estate purchase contracts in Nova Scotia must be in written form. The whole process is regulated by the Nova Scotia Real Estate Association, which has a number of various standard forms of agreements used for the purchase transactions. In Nova Scotia apart from a lawyers review of your contract you may also add a “lawyer review clause” to the contract to protect your interests.
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