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C-73.1, r. 2 - By-law of the Association des courtiers et agents immobiliers du Québec
Schedule
Disposition versions
SCHEDULE 2
(s. 87)
ANNEX A - IMMOVABLE
_______________________________________________________________________________
LOGO ANNEX A
IMMOVABLE
A1. IDENTIFICATION OF PRINCIPAL CONTRACT
The provisions of this Annex are an integral part of PROMISE TO PURCHASE PP-
________________ pertaining to the IMMOVABLE situated at ______________________
(address).
A2. OCCUPANCY OF PREMISES
A2.1 PREMISES OCCUPIED BY THE SELLER The SELLER undertakes to render the
premises that he occupies available for occupancy by the BUYER from ____
__________, 20 _____, and to leave them free of any property not included
in this PROMISE TO PURCHASE, failing which the BUYER may have it removed
at the SELLER’S expense. If the SELLER vacates the premises before that
date, he shall nevertheless remain responsible for keeping the premises
in the condition that they were in when the BUYER examined them.
If the occupancy of the premises is to be subsequent to the signing of
the act of sale, the following text should be completed:
Upon the signing of the act of sale, the purchase price shall be adjusted
by an amount equal to $_______________ per month, calculated from the
date of signing of the act of sale to the scheduled date of occupancy, as
compensation for the SELLER’S occupancy of the premises during that
period. The SELLER shall continue, during that period, to assume the
heating, electricity and general maintenance costs relating to the
premises occupied.
A3. METHOD OF PAYMENT
A3.1 DEPOSIT The deposit paid in accordance with 4.2 of this PROMISE TO
PURCHASE is:
$___________
A3.2 ADDITIONAL SUM Upon the signing of the act of sale, the BUYER shall pay,
or shall cause to be paid, by certified cheque payable to the order of
the acting notary in trust, an additional sum: that sum shall include any
amount to be obtained in the form of a new hypothecary loan, in
accordance with Division A4.
$___________
A3.3 EXISTING LOAN The BUYER shall assume, in accordance with Division A5, the
obligations relating to the existing hypothecary loans, whose balances
total approximately:
$___________
A3.4 BALANCE OF THE SALE PRICE The BUYER shall reimburse to the SELLER, in
accordance with Division A6, the balance of the sale price, which is:
$___________
TOTAL PRICE
$___________
A4. NEW HYPOTHECARY LOAN
A4.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon
as possible and at his expense, all steps necessary to obtain a loan of
$____________, secured by a _________ rank hypothec; that loan shall
bear interest at the current rate, which shall not exceed _________% per
year (calculated semi-annually and not in advance) and shall be payable
in instalments of not more than ____________(combining principal and
interest), calculated according to an amortization plan of ____ years,
the balance becoming due in years.
A4.2 UNDERTAKING The BUYER undertakes to supply to the SELLER, within a period
of _____ days following acceptance of this PROMISE TO PURCHASE, a copy of
the undertaking by a hypothecary lender to grant the BUYER such a loan.
The receipt of such an undertaking within that period shall have the
effect of fully satisfying the conditions set out in A4.1 and A4.2.
A4.3 ABSENCE OF UNDERTAKING In the absence of proof of such an undertaking,
the SELLER may, within a period of 5 days following the expiry of the
period provided for in A4.2 or following receipt of a notice of refusal,
notify the BUYER, in writing:
(a) that he is requiring the BUYER to file immediately and at his expense,
with a hypothecary lender designated by the SELLER, a new application for
a hypothecary loan conforming to the conditions set out in A4.1. Should
the BUYER not succeed in obtaining, within the period stipulated in the
SELLER’S notice, a written undertaking from that hypothecary lender to
grant the BUYER the loan applied for, this PROMISE TO PURCHASE shall
become null and void. However, the receipt of such an undertaking within
that period shall have the effect of fully satisfying the conditions of
this division; or
(b) that he renders this PROMISE TO PURCHASE null and void.
Where the SELLER does not avail himself of the provisions of paragraph a
or b above within the period stipulated, this PROMISE TO PURCHASE shall
become null and void.
A5. ASSUMING OF EXISTING HYPOTHECARY OBLIGATIONS
A5.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon
as possible and at his expense, all steps necessary to obtain the
hypothecary creditors’ consent, where such consent is required, for the
BUYER to assume the hypothecary obligations relating to the following
existing loans:
(a) a loan having a balance of approximately $_________, secured by a ___
rank hypothec held by ________; that loan, which bears interest at the
rate of _______% per year (calculated semi-annually and not in advance),
is payable in instalments of ________ (combining principal and interest),
the balance becoming due on ____________ 20 _____.
(b) a loan having a balance of approximately $________, secured by a ____
rank hypothec held by __________; that loan, which bears interest at the
rate of _______ % per year (calculated semi-annually and not in advance),
is payable in instalments of ________ (combining principal and interest),
the balance becoming due on ______________ 20 _____.
A5.2 CONSENT The BUYER undertakes to supply to the SELLER, within a period of
__________ days following acceptance of this PROMISE TO PURCHASE, a copy
of the hypothecary creditors’ consent. The receipt of such consent
within that period shall have the effect of fully satisfying the
conditions set out in A5.1 and A5.2.
A5.3 ABSENCE OF CONSENT In the absence of proof of such consent, the SELLER
may, within a period of 5 days following the expiry of the period
provided for in A5.2 or following receipt of a notice of refusal:
(a) himself request, for and on behalf of the BUYER, the hypothecary
creditors’ written consent for the BUYER to assume the SELLER’S
hypothecary obligations. Should the BUYER not succeed in obtaining such
written consent within a period of 5 days, this PROMISE TO PURCHASE shall
become null and void. However, the receipt of such consent within that
period shall have the effect of fully satisfying the conditions of this
division; or
(b) render this PROMISE TO PURCHASE null and void by giving notice in
writing to that effect.
Where the SELLER does not avail himself of the provisions of paragraph a
or b above within the period stipulated, this PROMISE TO PURCHASE shall
become null and void.
A6. BALANCE OF THE SALE PRICE
A6.1 TERMS AND CONDITIONS The BUYER shall reimburse to the SELLER the balance
of the sale price, as referred to in A3.4, which shall be secured by a
________ rank hypothec subsequent to a hypothec securing a loan having a
balance of not more than $___________; that balance of the sale price
shall bear interest at the rate of _________ % per year (calculated semi-
annually and not in advance) and shall be payable in instalments of
_____________ (combining principal and interest), calculated according to
an amortization plan of ____________years, the balance becoming due in
_______ years.
The BUYER shall, at any time, have the right to reimburse in advance,
without penalty, all or part of the balance, as long as such
reimbursement is by instalments of $ or any multiple thereof.
A6.2 GUARANTEE AND PRIOR CLAIM The act of sale shall contain a resolutory
clause, the clauses usually guaranteeing payment of a balance of the sale
price of an immovable and a clause whereby the SELLER consents to giving
up priority of rank should a new hypothec be created in accordance with
Division A4, or should a hypothec already ranking ahead of the balance of
the sale price be renewed or replaced, provided that the balance of the
loans secured by such hypothecs is not increased and the BUYER is not
in default of fulfilling his obligations.
A6.3 TRANSFERABILITY This balance of the sale price shall not be transferred
without the prior written consent of the SELLER.
SIGNATURES
BUYER The BUYER acknowledges having read and understood this PROMISE TO
PURCHASE, including this Annex, and having received a copy hereof.
Signed in ___________________ , on ______________ 20 ______, at ______ o’clock.
___________________________ ______________________________ __________________
Signature of BUYER 1 Signature of spouse of BUYER 1 Witness
___________________________ ______________________________ __________________
Signature of BUYER 2 Signature of spouse of BUYER 2 Witness
SELLER’S REPLY The SELLER acknowledges having read and understood this PROMISE
TO PURCHASE, including this Annex, and having received a copy hereof.
He hereby ____________________________________________ this PROMISE TO PURCHASE.
(enter by hand “accepts” or “refuses”)
□ submits Counter-Proposal CP-□ □ □ □ □
Signed in ____________________ , on ______________ 20 ______, at _____ o’clock.
_______________________________ ________________________
Signature of SELLER 1 Witness
_______________________________ ________________________
Signature of SELLER 2 Witness
ACKNOWLEDGMENT OF RECEIPT The BUYER acknowledges having received a copy of the
SELLER’S reply.
Signed in ____________________ , on ______________ 20 ______, at _____ o’clock.
_______________________________ ________________________
Signature of BUYER 1 Witness
_______________________________ ________________________
Signature of BUYER 2 Witness
INTERVENTION OF SELLER’S SPOUSE The undersigned declares that he is the spouse
of the SELLER, that he consents to and, where applicable, concurs in the
acceptance of this PROMISE TO PURCHASE, including this Annex, and that he
undertakes to intervene in the notarial act of sale for all legal purposes.
Signed in ____________________ , on ______________ 20 ______, at _____ o’clock.
_______________________________ ________________________
Signature of spouse of SELLER 1 Witness
_______________________________ ________________________
Signature of spouse of SELLER 2 Witness
_______________________________________________________________________________
LOGO ANNEX A
IMMOVABLE
A1. IDENTIFICATION OF PRINCIPAL CONTRACT
The provisions of this Annex are an integral part of PROMISE TO PURCHASE PP-
________________ pertaining to the IMMOVABLE situated at ______________________
(address).
A2. OCCUPANCY OF PREMISES
A2.1 PREMISES OCCUPIED BY THE SELLER The SELLER undertakes to render the
premises that he occupies available for occupancy by the BUYER from ____
__________, 20 _____, and to leave them free of any property not included
in this PROMISE TO PURCHASE, failing which the BUYER may have it removed
at the SELLER’S expense. If the SELLER vacates the premises before that
date, he shall nevertheless remain responsible for keeping the premises
in the condition that they were in when the BUYER examined them.
If the occupancy of the premises is to be subsequent to the signing of
the act of sale, the following text should be completed:
Upon the signing of the act of sale, the purchase price shall be adjusted
by an amount equal to $_______________ per month, calculated from the
date of signing of the act of sale to the scheduled date of occupancy, as
compensation for the SELLER’S occupancy of the premises during that
period. The SELLER shall continue, during that period, to assume the
heating, electricity and general maintenance costs relating to the
premises occupied.
A3. METHOD OF PAYMENT
A3.1 DEPOSIT The deposit paid in accordance with 4.2 of this PROMISE TO
PURCHASE is:
$___________
A3.2 ADDITIONAL SUM Upon the signing of the act of sale, the BUYER shall pay,
or shall cause to be paid, by certified cheque payable to the order of
the acting notary in trust, an additional sum: that sum shall include any
amount to be obtained in the form of a new hypothecary loan, in
accordance with Division A4.
$___________
A3.3 EXISTING LOAN The BUYER shall assume, in accordance with Division A5, the
obligations relating to the existing hypothecary loans, whose balances
total approximately:
$___________
A3.4 BALANCE OF THE SALE PRICE The BUYER shall reimburse to the SELLER, in
accordance with Division A6, the balance of the sale price, which is:
$___________
TOTAL PRICE
$___________
A4. NEW HYPOTHECARY LOAN
A4.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon
as possible and at his expense, all steps necessary to obtain a loan of
$____________, secured by a _________ rank hypothec; that loan shall
bear interest at the current rate, which shall not exceed _________% per
year (calculated semi-annually and not in advance) and shall be payable
in instalments of not more than ____________(combining principal and
interest), calculated according to an amortization plan of ____ years,
the balance becoming due in years.
A4.2 UNDERTAKING The BUYER undertakes to supply to the SELLER, within a period
of _____ days following acceptance of this PROMISE TO PURCHASE, a copy of
the undertaking by a hypothecary lender to grant the BUYER such a loan.
The receipt of such an undertaking within that period shall have the
effect of fully satisfying the conditions set out in A4.1 and A4.2.
A4.3 ABSENCE OF UNDERTAKING In the absence of proof of such an undertaking,
the SELLER may, within a period of 5 days following the expiry of the
period provided for in A4.2 or following receipt of a notice of refusal,
notify the BUYER, in writing:
(a) that he is requiring the BUYER to file immediately and at his expense,
with a hypothecary lender designated by the SELLER, a new application for
a hypothecary loan conforming to the conditions set out in A4.1. Should
the BUYER not succeed in obtaining, within the period stipulated in the
SELLER’S notice, a written undertaking from that hypothecary lender to
grant the BUYER the loan applied for, this PROMISE TO PURCHASE shall
become null and void. However, the receipt of such an undertaking within
that period shall have the effect of fully satisfying the conditions of
this division; or
(b) that he renders this PROMISE TO PURCHASE null and void.
Where the SELLER does not avail himself of the provisions of paragraph a
or b above within the period stipulated, this PROMISE TO PURCHASE shall
become null and void.
A5. ASSUMING OF EXISTING HYPOTHECARY OBLIGATIONS
A5.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon
as possible and at his expense, all steps necessary to obtain the
hypothecary creditors’ consent, where such consent is required, for the
BUYER to assume the hypothecary obligations relating to the following
existing loans:
(a) a loan having a balance of approximately $_________, secured by a ___
rank hypothec held by ________; that loan, which bears interest at the
rate of _______% per year (calculated semi-annually and not in advance),
is payable in instalments of ________ (combining principal and interest),
the balance becoming due on ____________ 20 _____.
(b) a loan having a balance of approximately $________, secured by a ____
rank hypothec held by __________; that loan, which bears interest at the
rate of _______ % per year (calculated semi-annually and not in advance),
is payable in instalments of ________ (combining principal and interest),
the balance becoming due on ______________ 20 _____.
A5.2 CONSENT The BUYER undertakes to supply to the SELLER, within a period of
__________ days following acceptance of this PROMISE TO PURCHASE, a copy
of the hypothecary creditors’ consent. The receipt of such consent
within that period shall have the effect of fully satisfying the
conditions set out in A5.1 and A5.2.
A5.3 ABSENCE OF CONSENT In the absence of proof of such consent, the SELLER
may, within a period of 5 days following the expiry of the period
provided for in A5.2 or following receipt of a notice of refusal:
(a) himself request, for and on behalf of the BUYER, the hypothecary
creditors’ written consent for the BUYER to assume the SELLER’S
hypothecary obligations. Should the BUYER not succeed in obtaining such
written consent within a period of 5 days, this PROMISE TO PURCHASE shall
become null and void. However, the receipt of such consent within that
period shall have the effect of fully satisfying the conditions of this
division; or
(b) render this PROMISE TO PURCHASE null and void by giving notice in
writing to that effect.
Where the SELLER does not avail himself of the provisions of paragraph a
or b above within the period stipulated, this PROMISE TO PURCHASE shall
become null and void.
A6. BALANCE OF THE SALE PRICE
A6.1 TERMS AND CONDITIONS The BUYER shall reimburse to the SELLER the balance
of the sale price, as referred to in A3.4, which shall be secured by a
________ rank hypothec subsequent to a hypothec securing a loan having a
balance of not more than $___________; that balance of the sale price
shall bear interest at the rate of _________ % per year (calculated semi-
annually and not in advance) and shall be payable in instalments of
_____________ (combining principal and interest), calculated according to
an amortization plan of ____________years, the balance becoming due in
_______ years.
The BUYER shall, at any time, have the right to reimburse in advance,
without penalty, all or part of the balance, as long as such
reimbursement is by instalments of $ or any multiple thereof.
A6.2 GUARANTEE AND PRIOR CLAIM The act of sale shall contain a resolutory
clause, the clauses usually guaranteeing payment of a balance of the sale
price of an immovable and a clause whereby the SELLER consents to giving
up priority of rank should a new hypothec be created in accordance with
Division A4, or should a hypothec already ranking ahead of the balance of
the sale price be renewed or replaced, provided that the balance of the
loans secured by such hypothecs is not increased and the BUYER is not
in default of fulfilling his obligations.
A6.3 TRANSFERABILITY This balance of the sale price shall not be transferred
without the prior written consent of the SELLER.
SIGNATURES
BUYER The BUYER acknowledges having read and understood this PROMISE TO
PURCHASE, including this Annex, and having received a copy hereof.
Signed in ___________________ , on ______________ 20 ______, at ______ o’clock.
___________________________ ______________________________ __________________
Signature of BUYER 1 Signature of spouse of BUYER 1 Witness
___________________________ ______________________________ __________________
Signature of BUYER 2 Signature of spouse of BUYER 2 Witness
SELLER’S REPLY The SELLER acknowledges having read and understood this PROMISE
TO PURCHASE, including this Annex, and having received a copy hereof.
He hereby ____________________________________________ this PROMISE TO PURCHASE.
(enter by hand “accepts” or “refuses”)
□ submits Counter-Proposal CP-□ □ □ □ □
Signed in ____________________ , on ______________ 20 ______, at _____ o’clock.
_______________________________ ________________________
Signature of SELLER 1 Witness
_______________________________ ________________________
Signature of SELLER 2 Witness
ACKNOWLEDGMENT OF RECEIPT The BUYER acknowledges having received a copy of the
SELLER’S reply.
Signed in ____________________ , on ______________ 20 ______, at _____ o’clock.
_______________________________ ________________________
Signature of BUYER 1 Witness
_______________________________ ________________________
Signature of BUYER 2 Witness
INTERVENTION OF SELLER’S SPOUSE The undersigned declares that he is the spouse
of the SELLER, that he consents to and, where applicable, concurs in the
acceptance of this PROMISE TO PURCHASE, including this Annex, and that he
undertakes to intervene in the notarial act of sale for all legal purposes.
Signed in ____________________ , on ______________ 20 ______, at _____ o’clock.
_______________________________ ________________________
Signature of spouse of SELLER 1 Witness
_______________________________ ________________________
Signature of spouse of SELLER 2 Witness
