Order of Clauses in an Agreement (Ontario)

FORM SECTION/CLAUSE EXPLANATION REVISION(S) 101 Agreement of Purchase and Sale – Condominium 111 Agreement of Purchase and Sa

Question:

Is there a specific order for the clauses in Schedule A to appear.

Answer:

The usual order would be:

Payments

Additional deposits

Seller Take Back Mortgage

Balance Due

Conditions

Mortgage Financing

Appraisal

Insurance

Inspections etc.

Terms

Visits

Delivery of survey etc.

Of course, having said that, any other order still works and it’s legally enforceable.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Comments 3

  1. Thanks Brian for this. What is the legal standing between Conditions and Terms. Conditions are fundamental breach and terms can be remedied is that right

    Reply
    1. Post
      Author

      Not all conditions are fundamental.

      With a Condition, the Buyer has the right to elect to proceed or to terminate the transaction.

      There are also terms which could very well be fundamental, however, most of the time, the remedy is damages, or an abatement.

      Reply
    2. Post
      Author

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