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New Construction Purchase Agreement Template for Canada

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Key Requirements PROMPT example:

New Construction Purchase Agreement

"I need a New Construction Purchase Agreement for a 200-unit condominium development in Vancouver, British Columbia, with expected completion in March 2025, including provisions for pre-sale purchasers and phased occupancy."

Document background
The New Construction Purchase Agreement is a crucial legal document used in Canadian real estate transactions involving newly built properties. It serves as the primary contract between builders/developers and purchasers, establishing the legal framework for the construction and sale of new properties. This agreement is essential when purchasing pre-construction or under-construction properties, whether residential or commercial. It must comply with provincial real estate laws, construction regulations, and consumer protection legislation. The document typically includes detailed construction specifications, completion timelines, warranty provisions, and payment terms. It also addresses key aspects such as pre-delivery inspections, deficiency resolution, and closing procedures. The agreement must incorporate mandatory warranty program requirements (such as Tarion in Ontario) and meet the standards set by provincial building codes and municipal regulations.
Suggested Sections

1. Parties: Identification of the Builder/Vendor and Purchaser with full legal names and addresses

2. Background: Context of the agreement, including property description and construction project overview

3. Definitions: Definitions of key terms used throughout the agreement

4. Purchase Price and Payment Terms: Total purchase price, deposit structure, and payment schedule

5. Construction Specifications: Overview of construction standards and reference to detailed specifications in schedules

6. Construction Timeline: Expected completion date, milestone dates, and provisions for delays

7. Inspections and Access: Pre-delivery inspection process, access rights during construction

8. Warranties and Representations: Statutory warranties, builder warranties, and representations by both parties

9. Title and Ownership: Requirements for clear title, permitted encumbrances

10. Adjustments and Additional Costs: Details of closing adjustments, development charges, taxes

11. Closing Procedures: Requirements for closing, documentation, and occupancy conditions

12. Default and Remedies: Consequences of default by either party and available remedies

13. General Provisions: Standard clauses including notices, assignment, entire agreement

Optional Sections

1. Condominium Provisions: Required if the property is a condominium unit, including specific condo declarations and requirements

2. Financing Conditions: Include if purchaser requires mortgage financing, with specific conditions and deadlines

3. Upgrade Selections: Include if purchaser has options for upgrades or customizations

4. HST Rebate Assignment: Required if HST rebate is being assigned to the builder

5. Rental Equipment: Include if there are rental equipment items (hot water tank, HVAC) that purchaser must assume

6. Development Conditions: Include if the project is part of a larger development with specific conditions or restrictions

7. Investment Property Provisions: Include if property is being purchased as an investment rather than primary residence

Suggested Schedules

1. Schedule A - Legal Description: Legal description of the property and lot details

2. Schedule B - Floor Plans and Specifications: Detailed construction specifications, floor plans, and elevation drawings

3. Schedule C - Standard Features and Finishes: List of included features, materials, and finishes

4. Schedule D - Terms of Payment: Detailed payment schedule including deposits and milestone payments

5. Schedule E - Warranty Information: Details of warranty coverage and claim procedures

6. Schedule F - Site Plan: Plan showing lot location, setbacks, and development details

7. Schedule G - Upgrade Selections: Selected upgrades and customizations with associated costs

8. Schedule H - Construction Rules: Rules regarding site access, safety requirements, and construction protocols

9. Appendix 1 - Required Disclosure Statements: Statutory disclosure statements required by provincial law

10. Appendix 2 - Tarion Warranty Information: Standard warranty forms and information (Ontario-specific or equivalent)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses








































Relevant Industries

Real Estate

Construction

Property Development

Residential Housing

Commercial Property

Legal Services

Banking and Finance

Insurance

Urban Planning

Architecture

Relevant Teams

Legal

Real Estate Sales

Construction Management

Project Development

Compliance

Risk Management

Customer Relations

Quality Assurance

Contract Administration

Property Management

Relevant Roles

Real Estate Lawyer

Construction Project Manager

Real Estate Agent

Property Developer

Construction Site Supervisor

Legal Counsel

Contracts Manager

Sales Manager

Development Director

Compliance Officer

Risk Manager

Real Estate Broker

Construction Manager

Quality Control Inspector

Customer Service Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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