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Halifax, Nova Scotia  

 

 

290 Main Ave, Condo PSA

 

Page 1

AGREEMENT OF PURCHASE AND SALE

The Buyer(s):                                                                                                                          

Of:                                                                                                                                           

offers to buy from the Seller, Templeton Place Limited      the property known as Unit      Level        Known as           Halifax County Condominium Corporation No.: 44, 290 Main Avenue,  (PID#)    

In the County of Halifax, Province of Nova Scotia, at a purchase price of

 

dollars. ($_______________Cdn. ) on the following terms subject to the provision in paragraph 6(a) regarding HST which Must be initialled by the parties to this agreement.

 

DEPOSIT                                                                                                                                   

 

1. The Buyer submits                                          Dollars($                  ) cheque payable to Royal Lepage Anchor Realty in trust, as a deposit to be held pending completion or other termination of this Agreement and to be credited towards the purchase price on completion. Balance of purchase price to be paid on closing or as otherwise stated in this Agreement. If the deposit is not delivered as specified, the Seller shall be at liberty to declare this Agreement null and void.

 

FINANCING

 

2.    This Agreement is subject to the Buyer being able to obtain approval for financing in a principal amount of approximately $                 or        % this financing shall be deemed to be arranged unless the Seller or the Seller's Agent is notified to the contrary in 'writing within 5 business days of acceptance of this agreement.  If notice to the contrary is received, either party shall be at liberty to terminate this Agreement and the deposit shall be returned to the Buyer.

           

CLOSING DATE

 

3.    This Agreement shall be completed on or before the  1st day of,   September, 2010 (the closing date). Vacant possession to be provided to buyer unless the buyer is a tenant and is in possession subject to Paragraph 7(b).

 

CONVEYANCE

 

4.    The conveyance of the property, which is the subject of this Agreement, shall be by Warranty Deed, drawn at the expense of the Seller, to be delivered on payment of the purchase price on the closing date. The said property is to be conveyed free from encumbrances, except as to any easements, registered restrictions or covenants that affect the property and do not materially affect the enjoyment of the property, except as specifically set out in paragraph 10 of this Agreement.

 

ADJUSTMENTS

 

5.    Interest, rentals, leases, taxes, rates, fuel on the premises and assessments are to be adjusted to the closing date. The cost of municipal improvements, including, but without limiting the generality of the phrase "municipal improvements', betterment charges and capital charges for utility or municipal services completed as of the date of this Agreement, whether billed or not, are to be paid by the Seller on or before the closing date unless otherwise staled.

 

HST

 

6.    (a) All conveyances of real property in Nova Scotia are subject to the Harmonized Sales Tax, hereinafter referred to as HST, unless the conveyance is specifically exempt pursuant to the Excise Tax Act. The facts required to determine exemption from HST are entirely dependant upon the use of the property by the Seller or the intention of the Seller when the property was purchased and are therefore accordingly within the knowledge of the Seller only. The conveyance contemplated by this Agreement shall be:

 

o Exempt from HST – residential

o Not exempt from HST; over and above purchase price – commercial

        

(b) If the conveyance contemplated by this Agreement is exempt from HST; the Seller agrees to provide the Buyer, on or before the closing date, a certificate in a form reasonably satisfactory to the Buyer certifying that the conveyance contemplated by this Agreement is exempt from HST.

_________________________________________________________________________________________________

Page 2

         (c)  If the conveyance contemplated by this Agreement is subject to HST, then the HST shall be remitted in accordance with the applicable legislation.

 

GENERAL

 

7.      (a)   Any tender of documents to be delivered or money payable may be made upon the Seller or the Buyer or any party acting on their behalf. Money paid, subsequent to the deposit, shall be by Solicitor's trust cheque, certified cheque, or their equivalent, drawn on a chartered Canadian Bank, Trust Company or Credit Union.

 

(b)           The Buyer shall have the right, upon providing the seller with reasonable notice, to conduct a pre-closing viewing of the property to ensure the property is in the same condition as of the date of this Agreement unless the buyer is a Tenant and is in possession of the property.  

 

(c)    All warranties and representations contained in this Agreement shall survive the closing unless otherwise stated in this Agreement.

 

(d)    Time shall in all respects be of the essence in this Agreement. In the event of a written agreement of extension, time shall continue to be of the essence. This Agreement shall enure to the benefit of and be binding upon the parties, their respective heirs, executors, administrators, successors and assigns.

 

(e)    This Agreement is to be read with all changes of gender or number required of the context. This Agreement shall constitute the entire Agreement, between the parties.

 

(f)    The Seller and the Buyer agree to be bound by offers and counter offers and related documentation that may be transmitted electronically and that reproductions of the signatures therein will be treated as originals.

 

ADDITIONAL TERMS AND CONDITIONS

           

8.         This Agreement is further subject to the following terms and conditions:

 

(a)The Buyer acknowledges that if on or before June 1, 2010, the Seller has not sold 65 condominium units, then the Seller shall be at liberty to terminate this Agreement on written notice to the Buyer and the Buyer’s deposit shall be returned without interest, and there shall be no further recourse against the Seller by the Buyer.

 

                        (b) Management Agreement:  The Purchaser acknowledges that on or before the Closing Date, the

Condominium Corporation may enter into a management agreement with the Vendor, or its Nominee, for the

management of the Condominium on behalf of the Condominium Corporation for a term of up to two (2) years,

and the Purchaser agrees to accept and abide by all reasonable terms and conditions which shall be contained

in the said management agreement, and which agreement shall contain terms and conditions in accordance

with industry practice.   The Vendor will provide a copy to the Purchaser when available.

 

(C)  

 

 

 

 

 

 

 

 

___________________________________________________________________________________

Page 3

INSURANCE:

 

9. This Agreement is subject to the Buyer being able to obtain approval for home owner's insurance for the property, to the satisfaction of the Buyer. Confirmation shall be deemed obtained unless the Seller or the Seller's Agent is notified to the contrary within 5 business days of acceptance of this agreement. If notice to the contrary is received, either party shall be returned to the buyer.

 

INSPECTION:

 

10.   This Agreement is subject to the Buyer, at the Buyer's expense, having the Unit inspected by an inspector(s) of the Buyer's choice, and the inspection(s) meeting the Buyer's satisfaction. The inspection(s) shall be deemed to be satisfactory unless the Seller or the Seller's Agent is notified to the contrary in writing within 5 business days of acceptance of this agreement. If notice to the contrary is being provided, it shall be accompanied by the pertinent sections of a written inspection report, following which either party shall be at liberty to terminate this Agreement and the deposit shall be returned to the Buyer. The Buyer shall refer to the Reserve Fund study (if applicable) for information on the integrity of the building.

 

FIXTURES / CHATTELS / LEASED EQUIPMENT

 

11.   The following chattels, equipment and fixtures owned by the Seller and presently located on the property shall remain with the property, be included in the purchase price and shall be conveyed to the Buyer, free and clear of encumbrances, on the date of closing:                                                            

                                                                                                                                                      

 

DOCUMENTATION

 

12.  The Seller shall furnish the Buyer either electronically or hardcopy, with a copy of the Declaration, By-Laws and Common Element Rules and Regulation of the Condominium Corporation, the Reserve Fund Study, and the most recent financial statements after receipt whereof the Buyer is allowed:

 

(a)  5 business days from receipt to review the documents to determine whether there is anything contained in the documents which materially affects their enjoyment of the property; and if within the time frame herein any objection with respect to the enjoyment of the property is made in writing to the Seller or the Seller’s Agent, which the Vendor is unable or unwilling to remove, and which the Buyer will not waive, this Agreement shall be null and void and the deposit herein shall be returned to the Buyer and without liability by the Seller for any expenses incurred or damages sustained by the Buyer.

               

(b)  The Seller agrees to provide to the Buyer an estoppel certificate prepared and executed in accordance with the Condominium Act of NS and the By-Laws of the Condominium Corporation in respect of the common expenses of the Seller and any default in payment thereof prior to the closing date.

 

PROPERTY MIGRATION

 

13.   Property Converted to the Land Registration System at Date of Agreement

 

The Seller hereby provides, to the Buyer, the applicable PID(s) for the property and the Buyer is allowed five (5) business days to investigate title to the property, which the Buyer shall do at the Buyer's expense. If within that time frame any valid objection to title is made in writing to the Seller, which the Seller is unable or unwilling to remove and which the Buyer will not waive, this Agreement shall be null and void and the deposit herein shall be returned to the Buyer, and without liability by the Seller for any expenses incurred or damages sustained by the Buyer.

 

CONVEYANCE

 

14. (a)  The Buyer agrees, however, that the Conveyance of the property shall be subject to the provisions of the  Condominium Act of NS, the Declaration and By-Laws, including the Common Element Rules and Regulation of the Condominium Corporation; and agrees to accept title to the property subject to all rights and easements registered against title for the supply and installation of telephone services, electricity, gas, sewers, water, television cable facilities and other related services included but not limited to any existing Municipal agreements and utilities and services.

 

_________________________________________________________________________________________

 Page 4

(b)  It is understood and agreed by the parties that the results of a Reserve Fund study could cause the condominium fees to increase or a Special Assessment to be levied.

 

DAMAGE

 

15. Until completion of the sale, the unit and equipment therein shall be and remain at the risk of the Seller until closing.  In the event of damage to the unit or the building prior to closing, the Seller and the Buyer agree as follows:

 

(a)  That in the event of damage to the unit, the seller may, at their option, agree to complete the purchase with the

proceeds of the Seller’s unit policy and the Condominium Corporation’s Master Policy insurance being used to

repair the damage to the unit in accordance with the provisions of the applicable policy. Alternatively, the seller,

may at their option, declare this Agreement to be null and void and the deposit herein shall be returned to the Buyer

 

(b)     That in the event of major or substantial damage to the condominium building in which the unit is located or  common elements, covered by the  Condominium Corporation’s Master Policy, the seller, may at their option, agree to complete the purchase or declare this Agreement to be null and void and the deposit herein shall be returned to the Buyer

 

ADJUSTMENTS/REPRESENTATIONS

 

16.  Monthly common fees are to be adjusted to the closing date

 

17. (a)The Buyer agrees to pay a condominium fee representing payment of three (3) months of the common expense fees for the unit’s contribution towards the common expenses of the corporation on the closing date, which sum to be paid by the Seller upon receipt of same from the Buyer to the corporation.

 

(b)    The Buyer and Seller agree that any deficiency in the Reserve or Contingency Fund will be paid by the Seller on or before closing.

 

(c)   The Buyer and Seller agree that any credit balance to the Reserve or Contingency Fund of the property is included in the purchase price, unless provided for in this Agreement.

 

18.       The Seller represents and warrants to the Buyer as follows:

 

(a)   That the monthly common expense fees are  $________.

 

(b)  That there are no special assessments contemplated by the Condominium Corporation and there are no legal actions contemplated by or against the Condominium Corporation;

 

(c) That at the time of acceptance of this offer, the Seller has not received a notice convening a special or general meeting of the unit owners of the Condominium Corporation respecting any of the following matters:

 

(i)                   the termination of the government of the Condominium property;

 

(ii)         any substantial change in the assets or liabilities of the Condominium Corporation and the Seller covenants and agrees that if any such notice is received prior to the closing date they shall forthwith notify the Buyer in writing and the Buyer may thereupon at their option declare this agreement to be null and void and all deposit monies paid by the Buyer under this agreement shall be returned.

 

 

 __________________________________________________________________________________________

Page 5

TIME FOR ACCEPTANCE

 

19. This offer shall be open for acceptance until               am/pm on the         day of                 , 20

 

            Dated at Halifax, in the Province of Nova Scotia, the                       day of                          , 20.

 

Signed Sealed and delivered in the presence of.          In Witness whereof I have hereunto set my hand and seal.

 

____________________________________               ____________________________________________

Witness                                                                              Buyer

 

____________________________________               _____________________________________________

Witness                                                                              Buyer

           

       ACCEPTANCE

 

20.    I hereby accept the above offer and agree to sell on the terms set forth.

 

Dated at Halifax, in the Province of Nova Scotia, the                 day of                          , 20.

 

Signed Sealed and delivered in the presence of.                      In Witness whereof I have hereunto set my hand and seal.

 

____________________________________               ____________________________________________

Witness                                                                              Seller

 

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