1. Identification of both parties

The buyer and the seller must each write their name, address and telephone number.

2. Purpose of the contract

This is a detailed description of the property, including the lot number, size and dimensions. You can find this information on your property’s certificate of localisation.

3. Purchase price and payment term

The buyer must indicate the price offered for the property, the terms of payment and, if applicable, the amount of the deposit to be paid. There is no set percentage or amount for the deposit; the buyer and seller must agree on the amount.

Please note: A deposit is not mandatory. Where applicable, the amount of the deposit will be placed by a notary in an “in trust” account when the conditions of the offer (e.g. inspection) have been met. If the offer is withdrawn, the notary refunds the deposit to the buyer.

4. Declarations and obligations of the buyer

The buyer agrees to pay certain costs and fees, for instance those relating to the deed of sale, those required by the financial institution, those relating to lease contracts for listed items.

Buyers also make statements to the effect that they have visited the building, are satisfied with it and, if applicable, have checked regulations regarding their intended use of the property.

5. Seller declarations and obligations

The seller agrees to deliver the property in the same condition it was in when the buyer last visited. The seller agrees to provide a valid title of ownership and certificate of localisation that represents the current state of the property. The seller also agrees to pay certain fees, in particular those related to the repayment and discharge of the mortgage.

The seller also agrees to provide statements regarding the status of the property and the conditions of any rent, as well as the public water and sewer services servicing the property.

6. Terms and conditions of the offer

Part 6 includes the different conditions that the parties may set out under the offer. The buyer and seller can decide to include conditions such as an inspection, the sale of the buyer’s property and the review of co-ownership documents, where applicable. It is strongly recommended that the offer be conditional upon proof of financing, so that the buyer can show their ability to buy the property.

Conditions in the offer to purchase have deadlines. You are free to modify the deadlines by making the changes by hand and adding your initials next to each modification.

Learn more in the article Conditions in an offer to purchase.

7. Transfer of ownership and possession

a. The date of the deed: This corresponds to the day the property is transferred from the seller to the buyer. It is the date the deed of sale will be signed before a notary.

b. The date of possession: This is the day when the buyer takes physical possession of the property. This date is usually the date of the deed of sale or a few days later.

c. The inclusions and exclusions: This is a list of amenities that are included or excluded from the sale (e.g. lights, stove, dishwasher, central vacuum).

The notary can be selected once the conditions are met. It is very important to agree on the date of the deed of sale before signing the offer to purchase.

8. Other conditions and declarations

Any other conditions that are deemed important to mention.

9. Deadline for acceptance

It’s important for the buyer to specify a deadline for accepting or rejecting the offer to purchase. Failure to respond within the prescribed period of time will cancel the offer. The usual deadline is between 24 and 72 hours.

10. Signatures

To close the agreement, the offer must be signed by the buyer. You are not required to sign before a witness, but this is recommended. The offer does not have to be signed before a notary. However, if you choose to do so, the notary can look over the offer to purchase and explain the implications.

11. Response of the seller

The seller indicates whether they accept, refuse or counter the offer to purchase, and signs the document. 

12. Acknowledgment (only if accepted)

The buyer acknowledges having received a copy of the offer accepted by the seller. 

13. Intervention of seller’s spouse

If the seller’s legally married or common-law spouse is not a registered owner on the title, he or she must consent to the accepted offer by signing the document.the seller's spouse, married or in a civil union, is not a registered owner, he must consent to the accepted offer to purchase by signing the document.

1. By the buyer only

The buyer downloads the Offer to Purchase form from DuProprio’s website, fills it out and submits it to you. When you receive it, you check the timeframe the buyer has given you to respond. You can answer, verbally or in writing, that you are accepting the offer, refusing it or are making a counteroffer. If you are accepting the offer, you must sign the offer to purchase before the response deadline elapses. This is the standard procedure for reaching an agreement. 

2. By the buyer and seller together

You and your buyer can meet to discuss and come to an agreement about the sale of your property. You can then draft the Offer to Purchase form together to put your agreement in writing and make sure it suits you both. Once everything is to your satisfaction, you each sign the document.

3. By assisting the buyer  

Your buyer may want to make an offer but ask for your help in filling out the Offer to Purchase form. If you agree, you must be clear that you are happy to help but that this doesn’t mean you are accepting the offer they will be making. You will still need to set a timeframe for considering the offer. 

Do I need to sign the offer to purchase before a notary?

The offer to purchase does not need to be signed in the presence of a notary in order to be valid. However, the notary can study the document to check the legality of any amended or added clauses and explain the implications.

However, the deed of sale must be signed before a notary.

Is a verbal agreement equivalent to a written agreement?

It is preferable to have a written agreement as proof, but a verbal agreement also constitutes a legally binding contract between two parties.

Can I sign an offer to purchase even if the notary has not been chosen and the date of the deed of sale’s signing has not been decided?

The notary can be chosen once the conditions have been met. However, it is very important to agree on the date on which the deed of sale will be signed, before you sign the offer to purchase. Otherwise, the buyer could randomly set a date or continually postpone the appointment. Agreeing on a date will help you keep control over how the sale will proceed. It will still be possible to change the date later, as long as both parties agree. 

Do I have any recourse if I want to change the possession date after signing the offer to purchase, but the buyer refuses?

No. The buyer is not required to renegotiate the offer to purchase once it has been signed.

Does the death of the buyer or seller automatically cancel the agreement?

No. While it could compromise the transaction, the death of either party does not automatically cancel the agreement. If you find yourself in this rare situation, we recommend that you consult a legal advisor. You can also use the telephone assistance service offered by DuProprio’s team of notaries* for more information on the subject.