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AREA Agency Disclosure Forms

Jan 22, 2004 Customer Status Disclosure

Jan 22, 2004 Informed Dual Agency Sale

Jan 22, 2004 Referral Disclosure (Jan 2004)

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AREA Brokerage Forms

Jan 22, 2004 Buyer Brokerage Amendment

Jan 22, 2004 Buyer Brokerage Contract

Jan 22, 2004 Buyer Brokerage Termination

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AREA Residential Contracts

Jan 21, 2004 Addendum Purchase Contract

Jan 21, 2004 Amendment Addendum Form


Jan 21, 2004 Amendment Agreement Extension

Jan 21, 2004 Ammendment Purchase Contract

Jan 21, 2004 Commission Agreement

Jan 21, 2004 Condo Property Schedule

Jan 21, 2004 Condominium Appendix

Jan 21, 2004 Dower Schedule

Jan 21, 2004 Financing Schedule

Jan 21, 2004 Listing Contract Appendix

Jan 21, 2004 Listing Termination Agreement

Jan 21, 2004 Notice

Jan 21, 2004 Property Inspection Schedule

Jan 21, 2004 Property Schedule

Jan 21, 2004 Residential Listing Contract

Jan 21, 2004 Residential Purchase Contract

Jan 21, 2004 Sale Buyer Home

Jan 21, 2004 Seller Buyer Notice

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Forms

Nov 1, 2002 Agent Disclosure Form

Nov 1, 2002 Alberta New Home Warranty Program Appendix A

Nov 1, 2002 Alberta New Home Warranty Program Appendix A - Schedule A

Nov 1, 2002 Alberta New Home Warranty Program Appendix A - Schedule B

Nov 1, 2002 Alberta New Home Warranty Program Appendix A - Schedule C


Dec 1, 2002 Alberta New Home Warranty Program Appendix B - Addendum

Dec 1, 2002 Alberta New Home Warranty Program Appendix C

AREA Credential Form for Alberta Crown Land - Residential

Jun 1, 2002 Broker / Agent Buying On Own Behlaf

Sep 1, 2000 Builder / Realtor Registration Form

Nov 1, 2002 Condominium Sellers Property Disclosure Statement

Aug 1, 2001 Corporate Relocation Buyer / Seller Disclosure

Sep 26, 2003 CREN Ad Form

Mar 1, 2003 MLS Preview Form & Background

Jun 1, 2002 Mortgage Verification

Jan 1, 2003 New Home Schedule

Dec 1, 2001 Non Disclosure of Buyer / Seller Name

Sep 25, 2003 Real Estate Listing Contract Extension / Amendment Agreement

Dec 1, 2001 Residential Listing Input Form

Jan 14, 2004 Revised Supra Keyholders Lease Agreement

Jan 8, 2004 Supra Key Exchange

Jan 8, 2004 Supra Letter of Authenticity for 3rd Party Pickup

Sep 25, 2003 Urban Residential Property Disclosure Statement


Customer Status Disclosure Acknowledgment
(To be used when there is no agency relationship)

Members of the Canadian Real Estate Association are required to abide by a strict Code of Ethics and Standards of Business Practice,
which serves to protect the buying and selling public alike. One of the ethical obligations embodied in the Code requires that
REALTORS disclose who they are representing (or not representing) in a real estate transaction:

A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties
to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the
customer or other party to the transaction.

Agency/Client Relationship
A REALTOR representing a client in a real estate transaction works within a legal relationship called agency. As an agent, the
REALTOR owes the client a number of duties including loyalty, obedience of lawful instructions of the client, confidentiality, reasonable
care and skill in performing the tasks required, accounting of all money received, full disclosure of all relevant facts, and nondelegation
of responsibilities. The client, on the other hand, owes the agent a duty of reasonable compensation for the services rendered.

Customer
A party may choose to represent him/herself in a real estate transaction. A party representing him/herself (either as a buyer or a seller)
is referred to as a third party to the client, and a customer to the REALTOR representing the client. Unless otherwise expressly agreed
to in writing, the customer is not expected to pay the REALTOR any compensation. On the other hand, the customer does not have
the protection of the duties which a client in an agency relationship receives from his/her agent. Notwithstanding the foregoing, a
REALTOR assisting a customer has to be honest and ensure that all information provided to the customer is factually correct.

Acknowledgment
Having read and understood this form, I/we acknowledge that:

______________________________________________________________________ (name of broker, associate broker or agent)


being registered with ______________________________________________________________________ (name of brokerage)
disclosed that he/she is representing ______________________________________________________________ (name of client) in
the purchase/sale of _________________________________________________________________________________________
__________________________________________________________________ (property address) and is not acting on my behalf.

I further acknowledge that my status in the above transaction is that of a customer.

Dated this _________________ day of ___________________________________________________________, _____________.

_____________________________________________________________ _______________________________________________________________________
Customer Witness

_____________________________________________________________ _______________________________________________________________________
Customer Witness
© January 2004 The Alberta Real Estate Association
Informed Dual Agency Consent
(To be completed by the Buyer and attached to the Purchase Contract #_________________)

As required by the Real Estate Council of Alberta's Code of Conduct, a real estate brokerage (including its broker, associate brokers, and
agents) must only act for one party in a transaction, unless there is full disclosure to all parties, and the dual agency is agreed to in
writing. The client must fully understand the implications of dual agency and give an informed consent in writing prior to entering into a
real estate transaction.

The Agency Relationship


You, the Buyer, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate
brokers and agents (collectively referred to as the Buyer's Agent).
A brokerage, its broker, associate brokers and agents representing a seller are referred to as the Seller's Agent.
The Buyer's Agent is obligated to protect and promote your interests. Specifically, the Buyer's Agent owes you the fiduciary duties of
loyalty, obedience, confidentiality, reasonable care and skill, full disclosure, and full accounting.
You, as the Buyer, and potential sellers may be represented by different brokerages (the Buyer's Agent and the Seller's Agent). Each
of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing sellers will not have a fiduciary
relationship with you.
The seller may be acting on its own behalf. In this situation, the Buyer understands that the Brokerage will represent only the Buyer
as Buyer’s Agent and will not owe fiduciary duties to the seller.

Dual Agency
Dual Agency occurs when one brokerage (the Dual Agent) trading in real estate from one or more locations, represents both you and
the seller, or more than one buyer, with respect to the potential purchase of the Property. In such circumstances, the described
fiduciary duties are limited as follows:
The Dual Agent:
(a) will not, without prior written authority, disclose:
(i) to the seller that you will pay a price higher than the offered price (or countered price),
(ii) to you that the seller will accept a price lower than the listed price,
(iii) to the seller the reason that you are buying,
(iv) to you the reason that the seller is selling, and
(v) to you or other buyers the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will disclose to you and the seller all facts known that materially
affect or may materially affect the marketability or value of the Property.

The Buyer authorizes the Buyer's Agent (______________________________________________________________________)


(the Brokerage)
to act as a Dual Agent in accordance with the above disclosure.

__________________________________________ ___________________________________________ ______________________________________________


Buyer Witness Date

__________________________________________ ___________________________________________ ______________________________________________


Buyer Witness Date

_________________________________________ ___________________________________________ ______________________________________________


Seller Witness Date

__________________________________________ ___________________________________________ ______________________________________________


Seller Witness Date
© January 2004 The Alberta Real Estate Association
REFERRAL FEE DISCLOSURE FORM

Acknowledgment
I/We acknowledge and agree that:
______________________________________________________________________________________________________________
(Broker, associate broker, agent)
representing ____________________________________________________________________________________________________
(Brokerage)
will be receiving a referral fee of ____________________________________________________________________________________
as a result of

q sale of property q lease of property


q purchase of property q approved mortgage
q other __________________________________________________________

Client Referred From: Client Referred To:


__________________________________________________ __________________________________________________
Broker, associate broker, agent
__________________________________________________ __________________________________________________
Brokerage
__________________________________________________ __________________________________________________
Address Address
__________________________________________________ __________________________________________________
(postal code) (postal code)
__________________________________________________ __________________________________________________
Phone Fax Phone Fax
__________________________________________________ __________________________________________________
Email Email

Client Information
Client's Name ___________________________________________________________________________________________________
Address _______________________________________________________________________________________________________
______________________________________________________________________________________________________________
(postal code)
______________________________________________________________________________________________________________
Phone Fax Email

Additional Client Information


______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________

SIGNED at _____________________________________, this ________ day of _________________________________, ___________.

________________________________________________ _____________________________________________________
Signature of Referred Client Witness

________________________________________________ _____________________________________________________
Signature of Referred Client Witness
January 2004
AMENDMENT TO THE
BUYER BROKERAGE CONTRACT
Contract # ______________________

Further to the Buyer Brokerage Contract dated the __________ day of ___________________________________________, ______________.

Between
and
THE BUYER THE BUYER’S BROKERAGE (the “Brokerage”)
Name ____________________________________________________ Brokerage Name _____________________________________________

Name ____________________________________________________ ___________________________________________________________


Broker, associate broker or agent authorized to represent the Brokerage

The following changes shall be made to the above Contract and except for such changes noted below, all other terms and conditions in the Contract
shall remain as stated therein.

DELETE: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

INSERT: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

Dated at ____________________________, Alberta, this ______________day of ______________________________, __________ at __________ a.m./p.m.

______________________________________________________________ __________________________________________________________
Buyer Witness

______________________________________________________________ __________________________________________________________
Buyer Witness

________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the
Brokerage
September 2002/January 2004
CONTRACT # _________________________

BUYER BROKERAGE CONTRACT


This form was developed by the Alberta Real Estate Association for the use of its members and
may not be altered electronically by any person. Others who use this document do so at their own risk.

This Contract is between


THE BUYER and THE BUYER’S BROKERAGE (the “Brokerage”)

Name _____________________________________________________________ Brokerage Name ____________________________________________________

Name _____________________________________________________________ ___________________________________ Email _________________________

Address ___________________________________________________________ Address ___________________________________________________________


(postal code)
__________________________________________________________________ Phone _____________________________ Fax __________________________
(postal code)
__________________________________________________________________
Phone _______________________________ Fax ________________________ Broker, associate broker or agent authorized to represent the Brokerage

Email ______________________________________________________________ Member of the ____________________________ Real Estate Board (the “Board”)

1. OTHER BUYER BROKERAGE CONTRACTS (c) advise prospective sellers or their brokerages with whom the Brokerage
1.1 Have you entered into any other buyer brokerage is negotiating that they represent the Buyer;
contract with a brokerage in Alberta during the
(d) cooperate with brokerages which represent sellers of real estate;
last twelve months? q Yes q No
(e) not disclose the Buyer's identity if instructed not to do so.
1.2 Are you currently in a buyer brokerage contract
with another real estate brokerage? q Yes q No 5. ENDING THIS CONTRACT

2. TERM OF THIS CONTRACT 5.1 This Contract will automatically end if the Brokerage:
(a) has had its licence to trade in real estate suspended or cancelled under
2.1 The Buyer agrees to retain only the Brokerage:
the Real Estate Act (Alberta);
(a) to find real estate suitable for the Buyer to Purchase and,
(b) ceases to be a member in good standing of a real estate board; or
(b) to assist the Buyer in negotiating the terms of the Purchase.
(c) is bankrupt, insolvent, or in receivership.
2.2 The following properties are excluded from this Contract:
5.2 Where a party to this Contract has breached the Contract, the other party may
_____________________________________________________________ end the Contract by notice in writing to the party in breach.
_____________________________________________________________ 5.3 The Brokerage may enforce clause 6.4(b) even if the Contract has ended or
_____________________________________________________________ expired.

_____________________________________________________________ 6. THE BROKERAGE’S COMPENSATION

2.3 The Term of the Contract is effective today until 11:59 p.m. on ___________ 6.1 The Brokerage’s fee (the “Fee”) shall be:
(a) the portion of the real estate commission, if any, paid to the Brokerage by
______________________________________________ (the “Expiry Date”) the seller's brokerage respecting a transaction involving the Buyer (the
unless renewed/extended in writing. “Collected Commission”), or

3. DUTIES OF THE BUYER (b) _______________________________________________________


plus GST,
3.1 The Buyer agrees to:
whichever is greater.
(a) advise the Brokerage of real estate in which the Buyer is interested;
(b) provide the Brokerage with sufficient personal and financial information 6.2 (a) As security for payment of the Fee when this Contract is signed, the
to enable the Brokerage to determine the Buyer's ability to Purchase real Buyer will deposit with the Brokerage, to be held in trust, the sum of
estate; $________________________________________ (the “Fee Deposit”).
(c) negotiate in good faith the Purchase of any specific property in which the (b) The Brokerage is authorized to apply the Fee Deposit toward the Fee and
Buyer is interested. applicable GST.
4. DUTIES OF THE BROKERAGE (c) The Fee Deposit shall be refunded to the Buyer not later than 90 days
after the Expiry Date if the Fee is not earned according to clause 6.4. If
4.1 The Brokerage will: the Buyer has signed a contract with a new brokerage as per clause 6.5,
(a) provide the Buyer with information about real estate listed on the Board's the Fee Deposit shall be refunded forthwith to the Buyer.
Multiple Listing Service® or such other real estate as the Brokerage is or
6.3 If any Collected Commission plus the Fee Deposit:
becomes aware of and which may meet the Buyer's requirements;
(b) assist the Buyer at the Buyer's written request and expense to obtain (a) exceeds the Fee and GST, then the excess will immediately be paid by
inspections, real property reports, certificates of title and any other the Brokerage to the Buyer, or
searches and additional information which the Buyer may require in order (b) is less than the Fee and GST, then the shortfall will immediately be paid
to decide whether to Purchase any specific property; by the Buyer to the Brokerage.
______________ ______________
Buyer’s Initials Buyer’s Initials
 January 2004 The Alberta Real Estate Association Page 1 of 2
CONTRACT # _________________________
6.4 The Brokerage will be entitled to receive the Fee and the Buyer will be obligated 9. DEFINITIONS
to pay it, if: 9.1 In this Contract:
(a)(i) during the term of this Contract, the Buyer enters into a contract for the
(a) “Buyer” is understood to include a tenant.
Purchase of any specific property;
(ii) the obligations of the parties are (have become) unconditional; and (b) “Buyer's Agent” means the licensed brokerage (including its broker, all
associate brokers and agents) who represents the Buyer or tenant.
(iii) at the closing date the seller is willing and able to complete the
transaction; or (c) “Lease” is a contract between an owner and a tenant that transfers to
(b) within 90 days after this Contract has ended, the Buyer enters into a the tenant the right to use a piece of property for a specified length of time
contract for the Purchase of any specific property and during the term of under specific conditions.
this Contract the specific property was introduced to the Buyer by the (d) “Purchase” includes any sale, agreement for sale, exchange or trade of
Brokerage or through the efforts of the Brokerage. property and a Lease, Offer to Lease, or a Lease with an option to
purchase.
6.5 Clause 6.4 will not apply if after this Contract has ended the Buyer has signed
an agreement with a new brokerage and the Buyer is obligated to pay a fee to (e) “Purchase Price” means the total consideration to be paid by the Buyer
the new brokerage as a result of the Purchase of any specific property. either at the closing date or at some future described time.
6.6 The Fee plus GST earned by the Brokerage shall be payable upon completion (f) “Seller” is understood to include a landlord.
of the transaction. If there is an additional amount payable to the Brokerage, (g) “Seller's Agent” means the licensed brokerage (including its broker, all
the Buyer will pay it upon completion of the transaction. In the event the Buyer associate brokers and agents) who represents the seller or landlord.
refuses to complete the transaction, the Fee is due and payable within seven
(7) days of demand by the Brokerage. 10. ACKNOWLEDGMENT
10.1 The Buyer acknowledges that the Brokerage is being retained as a real
7. AGENCY DISCLOSURE/ACKNOWLEDGMENT
estate broker, not as a lawyer, tax advisor, lender, appraiser, surveyor,
7.1 You, the Buyer, have entered into an agency relationship under common law structural engineer, property inspector, or other professional service
with the Brokerage, including its broker, all its associate brokers and agents provider.
(collectively referred to as the Buyer's Agent). A brokerage, its broker, 10.2 This Contract creates binding legal obligations. The Buyer acknowledges
associate brokers and agents representing a seller are referred to as the that he/she has been advised to seek professional advice concerning the
Seller's Agent. condition of any specific property that the Buyer might be introduced to
7.2 The Buyer's Agent is obligated to protect and promote your interests. and with respect to any legal and tax matters regarding the entering into
Specifically, the Buyer's Agent owes you the fiduciary duties of loyalty, of this Contract.
obedience, confidentiality, reasonable care and skill, full disclosure and full 10.3 The Buyer consents to have the Brokerage collect, use and disclose
accounting. personal information provided for purposes relating to the real estate
7.3 You, as the Buyer, and potential sellers may be represented by different services provided by the Brokerage to the Buyer including, but not
brokerages (the Buyer's Agent and the Seller's Agent). Each of these Agents limited to:
owes its client the full fiduciary duties listed above. Other brokerages (a) locating, assessing and qualifying property for the Buyer;
representing sellers will not have a fiduciary relationship with you. (b) advertising on behalf of the Buyer;
7.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in real (c) providing information as needed to third parties retained by the
estate from one or more locations, represents both you and the seller, or more Buyer to assist in a transaction (e.g., financial institutions, building
than one buyer, with respect to the potential purchase of a property. In such inspectors, etc.); and
circumstances, the described fiduciary duties are limited as follows:
(d) such other use of the Buyer’s information as is consistent with the
The Dual Agent: services provided by the Brokerage in connection with the
(a) will not, without prior written authority, disclose: purchase or prospective purchase of the property.
(i) to the seller that you will pay a price higher than the offered price (or The Buyer agrees that the sale and other related information regarding
countered price), any property purchased by the Buyer through the Brokerage may be
retained and disclosed by the Brokerage and/or the Board(s) as required
(ii) to you that the seller will accept a price lower than the listed price, for closing and for reporting, appraisal and statistical purposes.
(iii) to the seller the reason that you are buying,
(iv) to you the reason the seller is selling, and THIS CONTRACT IS MADE AS OF
(v) to you or other buyers the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will disclose __________________________________________________________________
to you and the seller all facts known that materially affect or may Date
materially affect the marketability or value of the specific property.
_______________________________ _______________________________
7.5 The Buyer authorizes the Buyer's Agent to act as a Dual Agent according Buyer Witness
to the terms of this section.
_______________________________ _______________________________
8. ADDITIONAL TERMS Print Name of Buyer Print Name of Witness

8.1 All changes of number will be made where required. _______________________________ _______________________________
8.2 This Contract will be governed by the laws of the Province of Alberta. The Buyer Witness
parties submit to the jurisdiction of the Courts in the Province of Alberta in any
dispute that may arise out of this transaction. _______________________________ _______________________________
Print Name of Buyer Print Name of Witness
8.3 This Contract may be signed by the parties and transmitted by fax. This
procedure will be as effective as if the parties had signed and delivered an
__________________________________________________________________
original copy.
Signature of broker, associate broker, or agent authorized to sign on behalf of the
8.4 The Buyer warrants that, prior to completion, he/she is NOT an “ineligible Brokerage
person” or a “foreign controlled corporation” and is eligible to purchase
“controlled land” as those terms are defined in the Foreign Ownership of Land Buyers' initials to acknowledge they
Regulations. have received a copy of this Contract. ___________________________
Page 2 of 2
BUYER BROKERAGE
TERMINATION AGREEMENT

Contract # _________________________

Between
and
THE BUYER THE BUYER’S BROKERAGE (the “Brokerage”)

Name _________________________________________________ Brokerage Name _________________________________________

Name _________________________________________________ _______________________________________________________


Broker, associate broker or agent authorized to represent the Brokerage

The parties wish to terminate the Buyer Brokerage Contract dated ______________________________________________, ______________.

q Conditional Termination
Fee entitlement will continue as per the provisions of clauses 6.4 and 6.5 of the Buyer Brokerage Contract.

q Unconditional Termination
To be used where the parties want to sever their relationship with no ongoing obligations.

Additional terms: ______________________________________________________________________________________________________

____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________

DATED at ________________________, Alberta this ___________day of ___________________________________________, __________.

______________________________________________________________ __________________________________________________________
Buyer Witness

______________________________________________________________ __________________________________________________________
Buyer Witness

_____________________________________________________________ _____________________________________________________
Approved and accepted by the Buyer’s Broker/Manager Signature of broker, associate broker or agent authorized to sign on behalf of the
Brokerage

Buyer acknowledges receiving a copy of this Agreement. ___________________________________________________________

January 2004
ADDENDUM ________ TO THE
REAL ESTATE PURCHASE CONTRACT
This Addendum is attached to and forms part of the Real Estate Purchase Contract # _____________________________
Between
and
THE SELLER THE BUYER

Name ________________________________________________________ Name _________________________________________________________

Name ________________________________________________________ Name _________________________________________________________

With respect to the Property described as:


Municipal Address ________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
Legal Address: Plan ________________________________________________ Block ____________________ Lot/Unit _________________
Legal Legal
Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________
Other ___________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

Note: This form must be signed by all parties to the Real Estate Purchase Contract.

_____________________________________________________________
Date

_____________________________________________________________ _________________________________________________________________
Seller Witness

_____________________________________________________________ _________________________________________________________________
Seller Witness

_____________________________________________________________ _________________________________________________________________
Buyer Witness

_____________________________________________________________ _________________________________________________________________
Buyer Witness
January 2004
AMENDMENT/ADDENDUM FORM
Contract # ____________________________
Further to the Contract dated the _____________ day of ________________________________________________________, ____________.
Between
and
Name ______________________________________________________ Name ______________________________________________________

Name ______________________________________________________ Name ______________________________________________________

With respect to the Property described as:


Municipal Address ________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
Legal Address: Plan __________________________________________________ Block ____________________ Lot/Unit ______________
W. of Range Township Section Part Acres

Legal Legal
Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________
Other ___________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

Dated at _______________________________, Alberta, this ________ day of ________________________, _________ at ________ a.m./p.m.
_____________________________________________________________ _________________________________________________________________
Witness
_____________________________________________________________ _________________________________________________________________
Witness

Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m.

_____________________________________________________________ _________________________________________________________________
Witness

_____________________________________________________________ _________________________________________________________________
Witness
January 2004
REAL ESTATE LISTING CONTRACT
EXTENSION/AMENDMENT AGREEMENT
MLS# _______________________________________ Real Estate Listing Contract # ________________________________

TO: _____________________________________________________________________________________________________________________________
Brokerage Name (the “Brokerage”)
My/Our Property known as:
________________________________________________________________________________________________________________________________.
Municipal Address
Plan _________________________________________________ Block ______________________ Lot ________________ Subdivision ________________
_
OR
W. of Range Township Section Part Acres

OR
Condo. Unit No. _________________________________ Plan No. _________________________________ Project Name ____________________________

Current Price $ ________________________________________________ Current Expiry Date __________________________________________________

I/We hereby agree to the following changes with reference to the above listing:
1. Listing Extension:
The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on
________________________________________________________________________________________________________, _________________
2. Price Change:
The asking price for the Property will be changed to $ __________________________________________________________________________
effective as of ____________________________________________________________________________________________, ________________.
3. Other Amendments (if any): _______________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________

Dated this ___________________________day of ____________________________________________________________________, ___________________

_________________________________________________________ ______________________________________________________________________
Seller Witness
_________________________________________________________ ______________________________________________________________________
Seller Witness
________________________________________________________________________ __________________________________________________________________________________________
Address Seller acknowledges receiving a copy of this Agreement
_________________________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
AMENDMENT TO THE
REAL ESTATE PURCHASE CONTRACT
Real Estate Purchase Contract # __________________________
Further to the Real Estate Purchase Contract dated the ____________ day of _________________________________________, __________.

Between
and
THE SELLER THE BUYER

Name ________________________________________________________ Name _________________________________________________________

Name ________________________________________________________ Name _________________________________________________________

With respect to the Property described as:


Municipal Address ________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

W. of Range Township Section Part Acres

Legal Address: Plan __________________________________________________ Block ___________________ Lot/Unit ________________


Legal Legal
Condo. Plan _______________________________________________________ Unit No. __________________ Parking Unit _____________
Other ___________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

The following changes shall be made to the above Purchase Contract and except for such changes noted below, all other terms and conditions in
the Purchase Contract shall remain as stated therein.
DELETE: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

INSERT: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

Dated at _______________________________, Alberta, this ________ day of ________________________, _______ at __________ a.m./p.m.

_____________________________________________________________ _________________________________________________________________
Seller Witness

_____________________________________________________________ _________________________________________________________________
Seller Witness

Dated at ________________________________, Alberta, this ________ day of ______________________, _________ at _________ a.m./p.m.

_____________________________________________________________ _________________________________________________________________
Buyer Witness
_____________________________________________________________ _________________________________________________________________
Buyer Witness
January 2004
COMMISSION AGREEMENT
This Agreement is between
and
THE SELLER THE BUYER’S BROKERAGE (the “Brokerage”)

Name ____________________________________________________________ Brokerage Name ___________________________________________________

Name ____________________________________________________________ Address __________________________________________________________

Address __________________________________________________________ _________________________________________________________________

_________________________________________________________________ _________________________________________________________________
Broker, associate broker or agent authorized to represent the Brokerage
1. AGENCY DISCLOSURE
I, the Seller, acknowledge that ____________________________________________________________________________________ is acting
(Brokerage Name)
only on behalf of the buyer in this transaction and owes me no fiduciary duties.
2. THE PROPERTY
I hereby authorize the Brokerage to offer for sale my Property known as:
Address ______________________________________________________________________________________________________________
Plan ____________________________________________________ Block _________________________ Lot __________________________
Condominium Plan ________________________________________ Legal Unit No. __________________ Legal Parking Unit ______________
Other ________________________________________________________________________________________________________________
I have stated an asking price of $ __________________________________________________________________________________________
I warrant that I have the legal authority to sell the Property and that all the information I have provided to the Brokerage is correct and accurate to the
best of my knowledge.
3. COMMISSION
If the Brokerage is successful in obtaining an offer with terms satisfactory to me within 10 days of this Agreement, I will pay the Brokerage a
Commission of _________________________________________________________________ plus GST. I will pay the Commission to the
Brokerage no later than the third day after the sale is complete. If an offer is not brought in within 10 days, this Agreement is terminated.
If the Property is sold or disposed of by me to a person introduced to the Property by the Brokerage within 90 days after the introduction, I must pay
the Commission.
4. DEPOSITS
I further authorize the Brokerage to secure and have the Deposits received placed in the Brokerage’s trust account and I authorize the Brokerage to
deduct the said Commission from the Deposits on the sale closing date. If the Deposit is less than the total Commission due, the balance owing will
be deducted from the sale proceeds.
5. SECURITY FOR THE BROKERAGE’S FEES
(a) I direct the Brokerage or any other person who holds the Deposits to use the Deposits to pay for any money owed in this Agreement.
(b) I assign to the Brokerage enough of the purchase money to pay all money owed under this Agreement. I agree not to revoke this assignment.
(c) I direct my lawyer to pay all money owed under this Agreement from the purchase money or Deposits held by my lawyer.
(d) I now encumber all of my interest in the Land, Buildings and Attached Goods for the benefit of the Brokerage to secure payment to the
Brokerage of all money which may be owed by me to the Brokerage under this Agreement. I agree that the Brokerage is entitled to encumber
the Land in accordance with the Land Titles Act (Alberta). I now authorize the Brokerage to file and maintain a caveat to give notice of this
encumbrance.
(e) If the Brokerage successfully enforces any of its rights or remedies under this section, I will pay reasonable lawyer and legal fees and costs
incurred by the Brokerage.

The Seller consents to the collection, use and disclosure of personal information by the Brokerage for the purpose of listing and marketing the Property.

Dated at _________________________________________ this ____________day of _______________________________________________, __________.

_________________________________________________________ _____________________________________________________________________
Seller Witness

_________________________________________________________ _____________________________________________________________________
Seller Witness
___________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage

January 2004
CONDOMINIUM PROPERTY SCHEDULE
This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________

Name of project _______________________________________________________________________________________________________


Municipal address (including suite #) ______________________________________________________________________________________
Condominium plan(s) _____________________________ Condominium plan(s) of redivision, if applicable ______________________________
Legal unit no.(s) _________________________________ Legal parking unit(s) ___________________________ Stall #(s) _________________
Parking condominium plan(s) _______________________ Parking stall(s) owned __________ leased ___________ assigned ______________
Legal storage unit(s) ______________________________ Locker #(s) ___________________________________________________________
Storage unit(s) owned __________ leased ___________ assigned ______________
Condominium type: Conventional ___________________ Bare Land (creating a lot) _________________________

The Buyer's Condition applies only to condominium units for resale [that is, they are not covered by sections 12 and 13 of the Condominium
Property Act (Alberta) (the "Act")]. All terms have the same meaning as in the Act.

Buyer's Condition
- The Contract is subject to the Buyer’s satisfaction with the condominium documents (the "Documents") listed below.
- The Seller will deliver original or true copies of the Documents to the Buyer at least five (5) Business Days before the Condition Day. The
Documents are:
l copy of registered condominium plan l details of any structural deficiencies in the condominium complex
l copy of the Condominium Corporation's current bylaws l the amount of the reserve fund
l copy of the Condominium Corporation's current financial l copy of any reserve fund study
statement, most recent annual financial statement and annual l copy of any reserve fund report
report
l copy of any reserve fund plan
l copy of current annual budget and condominium fee schedule
l the particulars of any post tension cables that are located anywhere
l copy of the minutes of the most recent general meeting of the
on or within the Property that is included in the condominium plan
Condominium Corporation
l percentage of owner occupancy in the complex
l condominium board of directors minutes for the past 12
months l details of any contributions already levied but which will only
l copy of any special resolution being circulated become effective after the Completion Day
l copy of the insurance certificate l details of any actions commenced against the Corporation
l copy of any lease agreement or exclusive use agreement with l details of any unsatisfied judgment or outstanding court order
respect to the possession of a portion of the Common against the Corporation
Property, including a parking stall or storage unit l details of any written demand upon the Corporation for payment of
l copy of any management agreement an amount in excess of $5,000
l copy of any recreational agreement l any other relevant details

________________________________________ ___________________________________________
________________________________________ ___________________________________________
________________________________________ ___________________________________________

- If the Seller fails or refuses to deliver the Documents by the agreed time, the Buyer may obtain the Documents through other sources. All
reasonable costs incurred by the Buyer to obtain the Documents will be paid by the Seller including solicitor/client legal fees and
disbursements. The Buyer may set off these costs against the Purchase Price at the Completion Day. The Buyer will have no other remedy
against the Seller for failing or refusing to deliver the Documents.

_____________________________ _________________________________________________ ___________________________________________________


Date Seller’s Signature Buyer’s Signature
January 2004
CONDOMINIUM PROPERTY APPENDIX
This Appendix forms part of the Real Estate Listing Contract # _________________________

Name of project ___________________________________________________________________________________________________________________

Municipal address (including suite #) __________________________________________________________________________________________________

Condominium plan(s) _____________________________________Condominium plan(s) of redivision, if applicable ___________________________________

Legal unit no.(s) _________________________________________Legal parking unit(s) ____________________________ Stall #(s) ____________________

Parking condominium plan(s) ______________________________ Parking stall(s) owned _____________ leased ______________ assigned _____________

Legal storage unit(s) _____________________________________ Locker #(s) ________________________________________________________________

Storage unit(s) owned _____________ leased _____________ assigned ______________

Condominium type: Conventional __________________________ Bare Land (creating a lot) _____________________________

Important Information (as per clause 9.1 of the Listing Contract):

q copy of registered condominium plan


q copy of the Condominium Corporation's current bylaws
q copy of the Condominium Corporation's current financial statement, most recent annual financial statement and annual report
q copy of current annual budget and condominium fee schedule
q copy of the minutes of the most recent general meeting of the Condominium Corporation
q condominium board of directors minutes for the past 12 months
q copy of any special resolution being circulated
q copy of the insurance certificate
q copy of any lease agreement or exclusive use agreement with respect to the possession of a portion of the Common Property, including a parking stall
or storage unit
q copy of any management agreement
q copy of any recreational agreement
q details of any structural deficiencies in the condominium complex
q the amount of the reserve fund
q copy of any reserve fund study
q copy of any reserve fund report
q copy of any reserve fund plan
q the particulars of any post tension cables that are located anywhere on or within the Property that is included in the condominium plan
q percentage of owner occupancy in the complex
q details of any contributions already levied but which will only become effective after the Completion Day
q details of any actions commenced against the Corporation
q details of any unsatisfied judgment or outstanding court order against the Corporation
q details of any written demand upon the Corporation for payment of an amount in excess of $5,000
q any other relevant details

This Important Information (referred to in the Purchase Contract as the “Documents”) will be required by the buyer as a condition of sale.

January 2004
DOWER SCHEDULE
This Schedule is attached to and forms part of the Real Estate Contract # _____________________________

CONSENT OF SPOUSE
I, __________________________________________________ being married to ________________________________________________ the
registered owner of the Property, hereby give my consent to the disposition of our homestead made in the Real Estate Contract to which this
consent is attached and forms a part.

I have signed this document for the purpose of giving up my life estate and other dower rights in the Property, which are given to me by the Dower
Act. I am giving up these rights to the extent necessary to give effect to the disposition.

__________________________________________________
Signature of Spouse

CERTIFICATE OF ACKNOWLEDGMENT BY SPOUSE


1. This document was acknowledged before me by __________________________________________________________________ apart
from her husband (or his wife).

2. _______________________________________________________________________________ acknowledged to me that she (or he)

(a) is aware of the nature of the disposition (or agreement).


(b) is aware that the Dower Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead
by withholding consent.
(c) consents to the disposition (or agreement) for the purpose of giving up the life estate and other dower rights in the homestead
given to her (or him) by the Dower Act, to the extent necessary to give effect to the said disposition (or agreement).
(d) is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife).

DATED at __________________________ in the Province of Alberta, this ___________ day of _________________________, __________.

__________________________________________________
Title of Officiating Officer

DOWER AFFIDAVIT
I, ________________________________________________________ of _____________________________________________ in the
Province of Alberta, MAKE OATH AND SAY:

1. I am the Seller named in the Real Estate Contract to which this Affidavit is attached and forms a part.

2. I am not married, OR
Neither my spouse nor I have resided on the Property at any time during our marriage.

SWORN before me at ______________________________________________________________________ in the Province of Alberta this


___________________ day of ____________________________________________________________________, ___________________.

_________________________________________________
A Commissioner for Oaths, etc. (or as the case may be)

September 2002/January 2004


FINANCING SCHEDULE
This Schedule is attached to and forms part of the Real Estate Purchase Contract # ______________________

1. ASSUMPTION OF MORTGAGE(S) 3. SELLER FINANCING


If the Buyer is to assume a mortgage(s), then the Seller warrants the
If the Seller is to provide financing to the Buyer, then the details are as
following to the Buyer:
follows:
l Name of lender __________________________________ _______
l Principal sum of $ ________________________________________
l Address of lender ________________________________________
l Subject to adjustments? q Yes q No
_______________________________________________________
l Approximate principal balance $ ____________________________ l Interest rate at ____________ percent, calculated ___________ not
in advance.
l Maturity date ____________________________________________
l Payments of $ ___________________________________________
l Interest rate ____________________________________________
l Payments to include taxes? q Yes q No
l Payments of $ __________________________________________
l Amortization of ________________________ years.
l Payments include taxes? q Yes q No
l Term of ________________________ year(s)/months commencing
l Approval to assume required? q Yes q No from the Completion Day.

l Other terms ____________________________________________ l Interest adjustment day ____________________________________


l Security (mortgage, general security agreement, assignment of rents,
______________________________________________________
etc.) ___________________________________________________
______________________________________________________
_______________________________________________________
l Assumed second or other mortgage details ___________________
_______________________________________________________
_______________________________________________________ _______________________________________________________
_______________________________________________________
l Prepayment? q Closed q Open
_______________________________________________________
_______________________________________________________ If open, what prepayment privileges? _________________________
_______________________________________________________
Where the covenant for payment in the mortgage(s) being assumed is
enforceable against the Seller, the Seller must approve any assignment of _______________________________________________________
this Contract by the Buyer.
_______________________________________________________
The Buyer will pay the costs to process and document any approvals to
assume a mortgage(s). l Assumable? q Yes q No

2. OTHER VALUE l Special conditions _______________________________________


The Buyer will provide the following to the Seller as part of the Purchase _______________________________________________________
Price: (Describe the value by detailed description, serial number, etc. - if
the Other Value is a mortgage, then use the same information/details as _______________________________________________________
under New Financing) _______________________________________________________
__________________________________________________________ _______________________________________________________
__________________________________________________________ _______________________________________________________
__________________________________________________________
_______________________________________________________
__________________________________________________________
__________________________________________________________
l The Buyer will pay for the reasonable costs to prepare the Seller
__________________________________________________________ Financing security.
__________________________________________________________
__________________________________________________________ l The Buyer will pay for registering the Seller Financing security.

The Buyer will pay for preparing and registering any security documents l Where there is Seller Financing, the Seller must approve any
regarding the Other Value. assignment of this Contract by the Buyer

_____________________________ __________________________________________________ ___________________________________________________


Date Seller’s Signature Buyer’s Signature
September 2002/January 2004
APPENDIX TO THE
REAL ESTATE LISTING CONTRACT
This Appendix is attached to and forms part of the Real Estate Listing Contract # _________________________________

Between
THE SELLER and THE SELLER’S BROKERAGE (the “Brokerage”)

Name _____________________________________________________________ Brokerage Name _____________________________________________________

Name _____________________________________________________________ ___________________________________________________________________


Broker, associate broker or agent authorized to represent the Brokerage

With respect to the Property described as:


Municipal Address __________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________
(postal code)
Legal Address: Plan ________________________________________________________ Block __________________________ Lot/Unit ________________________
Plan _____________________________________________________________________ Block __________________________ Lot/Unit ________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

Note: This form must be initialled by all parties to the Real Estate Listing Contract.

Dated this ___________________________day of ____________________________________________________________________, ___________________

_________________________________________________________ ______________________________________________________________________
Seller Witness

_________________________________________________________ ______________________________________________________________________
Seller Witness

_________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf
of the Brokerage
January 2004
REAL ESTATE LISTING CONTRACT
TERMINATION AGREEMENT

MLS# _______________________________________ Real Estate Listing Contract # ____________________________

Between

THE SELLER and THE BROKERAGE (the “Brokerage”)

Name _________________________________________________________ Brokerage Name ________________________________________________

Name _________________________________________________________ ______________________________________________________________


Broker, associate broker or agent authorized to represent the Brokerage

The parties wish to terminate the Listing Contract.

The Brokerage hereby agrees to terminate the Listing Contract on the Property at __________________________________________________
____________________________________________________________________________________________________________________
which was dated ______________________________________________________________________________, ______________________.

q Option A: To be used where it is not intended to relist the Property for sale.
The Seller agrees with the Brokerage that:

1. It shall not sell, exchange and/or lease, or accept an offer for the sale, exchange and/or lease of the said Property during the
term of 90 days from the date of this Termination Agreement.
2. In the event that the Seller breaches any of the terms of this Termination Agreement, the Seller shall immediately pay to the
Brokerage as liquidated damages a sum equal to the Real Estate Commission as set out in the said Listing Contract.

This clause replaces the provisions of 10.1 in the Real Estate Listing Contract.

q Option B: To be used where the Property is meant to be relisted by another brokerage.


Commission entitlement will continue as per the provisions of clause 10.1 of the Real Estate Listing Contract.

q Option C: To be used where the parties want to sever their relationship with no ongoing obligations.

Additional terms: ______________________________________________________________________________________________________

____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________

DATED this ____________________________day of ______________________________________________________________________, ______________

_______________________________________________________ ______________________________________________________________________
Seller Witness

_______________________________________________________ ______________________________________________________________________
Seller Witness

__________________________________________________ _______________________________________________________________
Seller acknowledges receiving a copy of this Agreement Approved and accepted by Seller’s Broker/Manager
January 2004
NOTICE
As per the Real Estate Purchase Contract
Notice to:
_________________________________________________________________________________________________________________________________
Seller/Buyer of the Property
Municipal Address ________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

Legal Address: Plan __________________________________________________ Block ___________________ Lot/Unit ________________

1. I am the Seller/Buyer of the Property in the Real Estate Purchase Contract # ______________________________________________________
The conditions(s) in that Contract that I now unilaterally waive or have satisfied is (are):
__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

2. All other provisions in the Contract remain in full force and effect.
3. In this Notice, the singular shall be constituted as the plural where the context so requires.
4. This Notice shall enure to the benefit and be binding upon my heirs, executors, administrators, successors and assigns.
5. As per the Real Estate Purchase Contract, if a Notice has not been given to the other party before 9 p.m. on or before the stated
Condition Day, then the transaction is ended.

SIGNED in the presence of a witness, and DATED at ____________________________________________________________, Alberta at ________________


a.m./p.m. this ___________________ day of ________________________________________________________________________, ___________________.

_____________________________________________________ _____________________________________________________________________
Seller/Buyer Witness
_____________________________________________________ _____________________________________________________________________
Seller/Buyer Witness

If needed for commercial transactions:

Per: _____________________________________________________ _____________________________________________________________________


Authorized Signing Officer(s) Witness

_____________________________________________________ _____________________________________________________________________
Authorized Signing Officer(s) Witness
January 2004
PROPERTY INSPECTION SCHEDULE
This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________

This Schedule is part of the Residential Real Estate Purchase Contract dated the __________________ day of
_____________________________________________, ______________, and is to be attached to that Contract as a Buyer’s Condition.

Between

__________________________________________________________________________________________________________ as Buyer(s)
and

__________________________________________________________________________________________________________ as Seller(s)

Property Address ______________________________________________________________________________________________________

Legal Description ______________________________________________________________________________________________________

1. The Buyer will have the right to have a property inspection completed by a professional or otherwise qualified inspector.
l The Seller agrees to provide access (within reason) to the Property for this purpose.
l The inspection is at the Buyer's expense unless otherwise agreed to in writing.

2. If the property inspection identifies defects in the Property that are not acceptable to the Buyer, then the Buyer will have a valid reason not
to give the "Notice" to waive/release the Condition.

3. Cosmetic items will not be considered a defect for the purposes of paragraph 2 above.

4. In the event the Buyer does not give the "Notice" to waive/release the Condition, the Seller is entitled to a copy of the complete inspection
report.
l The Seller must request the inspection report no later than 9 p.m. on the second day following the Condition Day.
l The Buyer must provide the inspection report no later than 9 p.m. on the second day following the day the Seller requests it.

5. In the event the Seller does not agree that the Buyer has a valid reason not to give the "Notice" to waive/release the Condition, then the Seller
and Buyer may pursue all available remedies.

Signed at _____________________________, Alberta, at ______a.m./p.m. this __________ day of _________________________, _________.

_________________________________________________ _____________________________________________________________
Buyer Signature Witness

_________________________________________________ _____________________________________________________________
Buyer Signature Witness

Signed at _____________________________, Alberta, at ______a.m./p.m. this __________ day of _________________________, _________.

_________________________________________________ _____________________________________________________________
Seller Signature Witness

_________________________________________________ _____________________________________________________________
Seller Signature Witness

January 2004
PROPERTY SCHEDULE
This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________

1. COUNTRY RESIDENTIAL ACREAGE


The Seller warrants to the Buyer the following: l Move-in inspection report exists. q Yes q No
If yes, a copy will be provided to the Buyer.
l Unless otherwise indicated below, the utilities, connections
and equipment (including but not limited to charges for l Commencement date of the lease __________________
electrical service, telephone service, water, roads and l Expiry or end date of the lease ____________________
natural gas or other fuel service) are fully paid for and are
not amortized. ________________________________ l Renewal rights _________________________________
_____________________________________________ l Rent payable __________________________________
l The following contracts for utility service providers are to l Security deposit $ ______________________________
be assumed by the Buyer. _______________________
Date received _________________________________
_____________________________________________
l Rental agreement in default? q Yes q No
l Water rights registered? q Yes q No
If yes, give details ______________________________
Priority #: ____________________________________
l Other details __________________________________
l Water rights included with the Property? qYes qNo
_____________________________________________
l Access to the Property:
_____________________________________________
q publicly owned
q privately owned with access by agreement
3. MANUFACTURED/MOBILE HOME
(describe) ____________________________________
If the Property includes a Manufactured/Mobile Home, then the
l Electrical service available onto the Property? Seller warrants the following to the Buyer:
q Yes q No
l Make ________________________________________
l Cable service available onto the Property?
q Yes q No l Model & serial number __________________________
l Fuel supply: l Approximate year of manufacture (age)
q Natural gas q Propane/LPG _____________________________________________

q None q Other (describe) _____________ l C.S.A. number _________________________________


_____________________________________________
l Septic system?
l Foundation? q Yes q No
q Tank & field q Holding tank
If yes, the construction details are __________________
q None q Other (describe) _____________
_____________________________________________
l Water supply
l Is the land leased or owned? _____________________
q Drilled well q Cistern q Municipal
q Community coop q Other (describe) __________ l Written lease agreement exists. q Yes q No
If yes, a copy of the lease will be provided to the Buyer.
l The Seller is providing the following well/water reports:
Bacterial analysis q Yes q No l Is a security deposit required? q Yes q No
Chemical analysis q Yes q No l Amount of monthly pad rental $ ___________________
Flow test q Yes q No l Fees for: - water $ _____________________________
Driller’s report q Yes q No
- heat $_______________________________
2. RENTAL AGREEMENT - gas $ _______________________________
Possession will be given subject to the terms of the Rental - basic cable/digital/satellite $_____________
Agreement.
_____________________________________
If the Buyer is to assume a tenancy, then the Seller warrants
l Are there any restrictions on occupancy?
the following to the Buyer:
q Yes q No
l Name of tenant(s) _____________________________ If yes, explain _________________________________
____________________________________________ l Other details __________________________________
l Written rental agreement exists. q Yes q No _____________________________________________
If yes, a copy will be provided to the Buyer. _____________________________________________

_____________________________ _______________________________________________ ______________________________________________


Date Seller’s Signature Buyer’s Signature
January 2004
# ______________________
Listing Contract Number
RESIDENTIAL REAL ESTATE LISTING CONTRACT
This form was developed by the Alberta Real Estate Association for the use of its members and may not
be altered electronically by any person. Others who use this document do so at their own risk.

This Contract is between

THE SELLER (“You”) and THE SELLER’S BROKERAGE (the “Brokerage”)

Name _________________________________________________________________ Brokerage Name _________________________________________________________

Name _________________________________________________________________ ___________________________________ Email ______________________________

Address _______________________________________________________________ Address _______________________________________________________________


(postal code)
______________________________________________________________________ Phone _______________________________ Fax ___________________________
(postal code)
______________________________________________________________________
Phone _______________________________ Fax ___________________________ Broker, associate broker or agent authorized to represent the Brokerage

Email _________________________________________________________________ Member of the ________________________________ Real Estate Board (the “Board”)

1. THE PROPERTY 2. OTHER LISTING CONTRACTS


2.1 Have you entered into any other listing contract
1.1 The Property is the Land and Buildings located at (municipal street address): for the Property during the last twelve months? q Yes q No
______________________________________________________________
2.2 Is the Property currently listed for sale with
______________________________________________________________ another real estate brokerage? q Yes q No
______________________________________________________________ 3. TERM OF CONTRACT
______________________________________________________________ 3.1 You list the Property for sale with only the Brokerage(s) effective today until
(postal code) 11:59 p.m. on __________________________________________________
1.2 The legal description of the Property is:
______________________________________________ (the “Expiry Date”).
Plan ______________________ Block ____________ Lot/Unit ___________
4. ASKING PRICE
Other _________________________________________________________
4.1 The Asking Price for the Property is $ _______________________________
If Condominium Property, legal description and details as per Condominium
Property Appendix (attached). ______________________________________________________________
4.2 Will the buyer have to pay GST on the purchase
1.3 The Property includes:
of the Property (land/lot/new or renovated home)? q Yes q No
(a) Goods not attached to the Land and Buildings (“Unattached Goods”) as
listed below: 5. POSSESSION DATE
_________________________________________________________ 5.1 The proposed Possession Date is __________________________________
_________________________________________________________ ______________________________________________________________
_________________________________________________________ 6. REAL ESTATE COMMISSION
_________________________________________________________ 6.1 The Real Estate Commission (the “Commission”) is ____________________
_________________________________________________________ ______________________________________________________________
_________________________________________________________ ______________________________________________________ plus GST.
_________________________________________________________ 6.2 The Brokerage will offer ___________________________________________
_________________________________________________________ ______________________________________________________ plus GST
_________________________________________________________ as compensation to other brokerages for finding a buyer.
_________________________________________________________ 7. DEPOSITS
(b) All goods attached to the Land and Buildings (“Attached Goods”) except 7.1 All Deposits will be held in accordance with the terms of the signed Purchase
those goods listed below: Contract. The Deposits must be held in trust according to the Real Estate Act
_________________________________________________________ (Alberta).

_________________________________________________________ 7.2 You direct the Brokerage, the buyer’s brokerage or the lawyer who holds the
Deposits to use the Deposits to pay any money owed under this Contract. Any
_________________________________________________________ Commission or Alternate Compensation, plus GST, that has been earned by
_________________________________________________________ another brokerage and is no longer required to be held in trust shall be paid
directly out of a trust account by the party holding the Deposits.
_________________________________________________________
7.3 You assign to the Brokerage enough of the purchase money or forfeited
_________________________________________________________
Deposits to pay all money owed under this Contract. You agree not to revoke
_________________________________________________________ this assignment.

______________ Seller’s Initials ______________ Brokerage Representative’s Initials


 January 2004 The Alberta Real Estate Association Page 1 of 4
# ______________________
Listing Contract Number
7.4 You direct your lawyer to pay all money owed under this Contract from the (b) a person contacts you directly or through a brokerage or inspects the
purchase money or the forfeited Deposits held by your lawyer. Property and the Property is then sold, exchanged or otherwise disposed
of by you or anyone else to that person within 90 days after the Expiry
8. THE BROKERAGE’S AUTHORITY Date. This clause will not apply where you have signed another listing
8.1 You authorize the Brokerage to obtain the following information: contract after the Expiry Date and a real estate commission is payable to
another brokerage according to the terms of that other listing contract as
l property tax search, local improvement assessment search and related a result of the sale or disposition;
information
(c) you have signed a Purchase Contract with a buyer who is willing and able
l search of title
to complete the sale but you refuse to complete the sale; or
l condominium additional plan sheet, if condominium property
(d) a buyer is found who is willing and able to complete the sale upon the
l a Mortgage Verification Statement containing the Mortgage Details set
terms outlined in this Contract but you refuse to sign the Purchase
out in the Appendix
Contract.
l any other Important Information as set out in the Appendix or
Condominium Property Appendix. 10.2 You will pay the Commission to the Brokerage no later than the second
business day after the sale is completed, unless you and the Brokerage
8.2 Do you authorize the Brokerage to install and use otherwise agree in writing. A sale is completed when the change in ownership
a key box? q Yes q No is registered at the Land Titles Office and the buyer pays the purchase money
to you or your lawyer. Any holdbacks or conditions accepted by you or your
8.3 Do you authorize the Brokerage to install
lawyer will not delay payment to the Brokerage.
“FOR SALE” and “SOLD” signs? q Yes q No
10.3 You will pay Alternate Compensation to the Brokerage if a Purchase Contract
8.4 Unless otherwise agreed in writing, only the Brokerage may advertise the
is signed but the buyer defaults and the Deposits are forfeited. This Alternate
Property for sale.
Compensation will be the lesser of the Commission that would have been
9. IMPORTANT INFORMATION payable had the sale been completed or 50% of the forfeited Deposits.
9.1 You will provide the following Important Information to the Brokerage within ten Alternate Compensation shall be payable upon the forfeiture of the Deposits.
(10) days of your signing this Contract and at your expense:
10.4 If the Brokerage pays for the Important Information, you will repay the
l a real property report reflecting the current state of improvements on the
Brokerage promptly upon demand.
Property, according to the Alberta Land Surveyors’ Manual of Standard
Practice, with evidence of municipal compliance or non-conformance. 10.5 In addition, you will pay GST, where applicable, to the Brokerage on the
Please Note: Not having a current real property report with Commission or on any Alternate Compensation due under this Contract.
compliance may result in complications on closing or rescission of
10.6 You will make your best efforts to insure the Property and its contents against
the purchase contract.
loss or damage due to perils that are normally insured against for similar
l if the Property is a residential resale condominium, the Important
properties. This insurance will be effective even when the Property is vacant.
Information as described in the Condominium Property Appendix
(attached).
10.7 You will make reasonable efforts to cooperate with the Brokerage and any
l if the Property includes a manufactured/mobile home, is rented or is a
country residential acreage, the Important Information described in the other brokerages.
Appendix.
9.2 You hereby authorize the Brokerage to obtain the Important 10.8 You will immediately inform the Brokerage of any relevant changes respecting
Information on your behalf and at your expense. q Yes q No the Property or its ownership that may occur after this Contract is signed.

Seller’s Initials ___________________


11. DUTIES OF THE BROKERAGE
9.3 If the Property is encumbered by a mortgage, then:
11.1 The Brokerage:
Is the mortgage CMHC insured? q Yes q No
Will you allow the mortgage to be assumed? q Yes q No l will make reasonable efforts to find a buyer for the Property.

9.4 Are you aware of any defects in the Property that l will market the Property through the Multiple Listing Service (MLS)
are not visible and are either structural in nature or
operated by the Board.
a possible health hazard? q Yes q No

Seller’s Initials ___________________ l will not discourage any person who is an industry member as defined in
the Real Estate Act (Alberta) and who is not a member of the Board from
10. DUTIES OF THE SELLER
attempting to sell the Property, unless you otherwise instruct the
10.1 You will pay the Commission to the Brokerage if, during the Term of the Brokerage in writing.
Contract:
l will pay any Commission, Alternate Compensation and GST that are
(a) the Property is sold, exchanged or otherwise disposed of by you or
anyone else; payable to another brokerage.

______________ Seller’s Initials ______________ Brokerage Representative’s Initials


Page 2 of 4
# ______________________
Listing Contract Number
12. SECURITY FOR THE BROKERAGE’S FEES 14.2 Where a party to this Contract has breached a part of this Contract, the other
party may end this Contract by notice in writing to the party in breach.
12.1 You now encumber all of your interest in the Land, Buildings and Attached
Goods for the benefit of the Brokerage to secure payment of all money which 14.3 You and the Brokerage may enforce parts of this Contract even if this Contract
may be owed by you to the Brokerage under this Contract. The parties agree has ended or expired.
that the Brokerage is entitled to encumber the Land in accordance with the
Land Titles Act (Alberta). You now authorize the Brokerage to file and maintain 15. ADDITIONAL TERMS
a caveat to give notice of this encumbrance.
15.1 This Contract is for the benefit of and will be binding upon the heirs,
12.2 If the Brokerage successfully enforces any of its rights or remedies under this administrators, executors, successors and assigns of the parties.
section, you will pay reasonable lawyer and client legal fees and costs incurred
15.2 All changes of number and gender will be made where required.
by the Brokerage.
15.3 This Contract is a Seller’s Brokerage Agreement for the purposes of the Real
12.3 If you owe money under this Contract and the Brokerage does not wish to
Estate Act (Alberta).
enforce this Contract against you, then upon mutual agreement between the
Brokerage and the buyer’s brokerage, the Brokerage may assign this Contract 15.4 This Contract will be governed by the laws of the Province of Alberta. The
to the buyer’s brokerage. If this Contract is assigned, then the buyer’s parties submit to the jurisdiction of the Courts in the Province of Alberta in any
brokerage may enforce this Contract against you to collect the portion of the dispute that may arise out of this transaction.
Commission or Alternate Compensation, plus GST, to which the buyer’s
brokerage is entitled, and the buyer’s brokerage will have the same rights and 16. ADVICE TO THE SELLER
security given to the Brokerage according to Section 12 of this Contract. 16.1 This Contract creates binding legal obligations. You are encouraged to
obtain legal advice before signing.
13. SELLER’S WARRANTIES
16.2 If a CMHC insured mortgage is to be assumed, you should seek legal
13.1 You warrant the following:
advice.
l You have the legal authority to sell the Property subject to any dower 16.3 The Seller acknowledges that the Brokerage is being retained as a real
rights. estate broker, not as a lawyer, tax advisor, lender, appraiser, surveyor,
l You have a right to sell the Unattached Goods listed in clause 1.3(a). structural engineer, property inspector, or other professional service
provider.
l The goods attached to the Land and Buildings and the included
Unattached Goods listed in clause 1.3 are free and clear of financial 16.4 The Seller consents to the collection, use and disclosure of personal
encumbrances. information by the Brokerage for the purpose of listing and marketing
the Property including, but not limited to:
l Where applicable, you have complied with the bylaws of the
Condominium Corporation. (a) listing and advertising the Property using any medium including
electronic media, photographs and video;
13.2 You warrant that, to the best of your knowledge, the following is truthful
(b) disclosing Property information to prospective buyers, brokers,
and accurate:
agents and others who may assist in the sale of the Property;
l You have disclosed all information necessary to truthfully and accurately (c) such other use of the Seller's personal information as is consistent
market the Property, including any environmental problems. with listing and marketing of the Property.
l The current use of the Land complies with the existing municipal land use
16.5 The Seller consents to placement of the listing information and any sale
bylaw.
information by the Brokerage into the database(s) of the appropriate
l The Buildings and other improvements on the Land are not placed partly MLS® system(s) and acknowledges that the MLS® database is the
or wholly on any easement or utility right-of-way and are entirely on the
property of the Board(s) and can, during or after the termination or expiry
Land and do not encroach upon neighbouring lands, except where an
of this listing, be licensed, resold or otherwise dealt with by the Board(s).
encroachment agreement is in place.
The Seller further acknowledges that the Board(s) may:
l The location of Buildings and other improvements on the Land complies
with all relevant municipal bylaws, regulations or relaxations granted by (a) distribute the information to any persons authorized to use such
the appropriate municipality prior to Completion Day, or the Buildings and service which may include other brokers, government departments,
other improvements on the Land are “non-conforming buildings” as that appraisers, municipal organizations and others;
term is defined in the Municipal Government Act (Alberta). (b) market the Property, at its option, in any medium, including
electronic media;
14. ENDING THE CONTRACT
(c) compile, retain and publish any statistics including historical MLS®
14.1 This Contract will automatically end if the Brokerage:
data which may be used by licensed board members to conduct
l has had its licence to trade in real estate suspended or cancelled under comparative market analyses; and
the Real Estate Act (Alberta).
(d) make such other use of the information as the Board deems
l ceases to be a member in good standing of a real estate board. appropriate in connection with the listing, marketing and selling of
l is bankrupt, insolvent, or in receivership. real estate.

______________ Seller’s Initials ______________ Brokerage Representative’s Initials


Page 3 of 4
# ______________________
Listing Contract Number
17. AGENCY DISCLOSURE/ACKNOWLEDGMENT APPENDIX
17.1 You, the Seller, have entered into an agency relationship under common law IMPORTANT INFORMATION (as per clause 9.1)
with the Brokerage, including its broker, all its associate brokers and agents
Mortgage Details (Mortgage Verification Statement):
(collectively referred to as the Seller’s Agent). A brokerage, its broker,
associate brokers and agents representing a buyer are referred to as the • Name of lender • Is there a tax account?
Buyer’s Agent. • Principal balance owing with • Is approval to assume the
per diem interest loan required?
17.2 The Seller’s Agent is obligated to protect and promote your interests.
• Interest rate • Maturity date
Specifically, the Seller’s Agent owes you the fiduciary duties of loyalty,
obedience, confidentiality, reasonable care and skill, full disclosure and full • Amount of payment and • Is the loan CMHC insured?
accounting. frequency
• Any other relevant details
17.3 You, as the Seller, and potential buyers may be represented by different
brokerages (the Seller’s Agent and the Buyer’s Agent). Each of these Agents
Country Residential Acreage Details:
owes its client the full fiduciary duties listed above. Other brokerages
• Utilities, connections & equipment (including but not limited to charges for
representing buyers will not have a fiduciary relationship with you.
electrical service, telephone service, water, roads and natural gas or other
17.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in real fuel service) are fully paid for and are not amortized. ____________________
estate from one or more locations, represents both you and one or more buyers • Utility contracts for utility service providers are to be assumed by the buyer.
with respect to the potential purchase of the Property. In such circumstances, ______________________________________________________________
the described fiduciary duties are limited as follows: • Water rights registered? q Yes q No Priority # ________________
The Dual Agent: • Water rights included with Property? q Yes q No
• Access to Property: q publicly owned
(a) will not, without prior written authority, disclose:
q privately owned with access by agreement
(i) to a buyer that you will accept a price less than the asking price (or • Electrical service available onto the Property? q Yes q No
a countered selling price), • Cable service available onto the Property? q Yes q No
(ii) to you that a buyer will pay a price higher than the price offered, • Fuel supply: q natural gas q propane/LPG
(iii) to a buyer the reason that you are selling, q none q other ____________________________
(iv) to you the reason that a buyer is buying, and • Septic system: q tank & field q holding tank
(v) to a buyer the terms and conditions of competing offers; q none q other ____________________________
• Water supply: q drilled well q cistern q municipal
(b) except as set out in (a), will owe no duty of confidentiality and will q community coop q other ________________________
disclose to you and a buyer all facts known that materially affect or may
• You are providing the following well/water reports:
materially affect the marketability or value of the Property.
- bacterial analysis q Yes q No - chemical analysis q Yes q No
17.5 The Seller authorizes the Seller’s Agent to act as a Dual Agent according - flow test q Yes q No - driller’s report q Yes q No
to the terms of this section.
Rental Agreement Details:
18. SIGNATURES • Name of the tenant ______________________________________________
• Written rental agreement exists? q Yes (copy to buyer) q No
18.1 This Contract may be signed by the parties and transmitted by fax. This
• Move-in inspection report exists? q Yes (copy to buyer) q No
procedure will be as effective as if the parties had signed and delivered an
original copy. • Commencement date of lease _____________________________________
• Expiry or end date of lease _______________________________________
• Does the tenant have any right to renew the rental agreement? q Yes q No
This Contract is made effective _________________________________________ • What is the rent? _______________________________________________
_____________________________________________, ____________________. • If there is a security deposit, how much is it and when was it last paid?
_____________________________________________________________
• Is there a property management contract? q Yes q No
_________________________________ ________________________________
Signature of Seller Signature of Witness • Is the tenant in possession? q Yes q No
• Is the rental agreement in default? q Yes q No
_________________________________ ________________________________ • Any other relevant details
Print Name of Seller Print Name of Witness

_________________________________ ________________________________ Manufactured/Mobile Home Details:


Signature of Seller Signature of Witness • Make ________________________ • Model/serial number _____________
• Year of manufacture (age) ________________________________________
_________________________________ ________________________________
Print Name of Seller Print Name of Witness • C.S.A. number _________________________________________________
• Construction details of any foundation _______________________________
__________________________________________________________________ • Is the land leased or owned? q leased q owned
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage • Written lease agreement exists. q Yes (copy to buyer) q No
• Is a security deposit required? q Yes q No
Seller: Initial here to show you have • Monthly pad rental $ _____________________________________________
received a copy of this Contract. _________________________________ • Fees for: water $________________ heat $__________________________
gas $_________________ cable/digital/satellite $_____________
Dower consent may be required for this Listing Contract to be binding if Title is in • Any occupancy restrictions? q Yes q No
only one name and the registered owner is legally married. • Any other relevant details

Page 4 of 4
# _________________________
Purchase Contract Number

RESIDENTIAL REAL ESTATE PURCHASE CONTRACT


This form was developed by the Alberta Real Estate Association for the use of its members and may not
be altered electronically by any person. Others who use this document do so at their own risk.

This Contract is between


THE SELLER and THE BUYER

Name _____________________________________________________________ Name _____________________________________________________________

Name _____________________________________________________________ Name _____________________________________________________________

1. THE PROPERTY 2. THE TRANSACTION

1.1 The Property is the Land, Buildings, Attached Goods (unless excluded) and 2.1 The Buyer and the Seller agree to act cooperatively, reasonably, diligently and
included Unattached Goods located at (municipal address): _______________ in good faith.
2.2 Other than the Deposits, the Buyer shall pay the Purchase Price by certified
______________________________________________________________ cheque, lawyer's trust cheque, bank draft or other agreed value as follows:
1.2 The legal description of the Property is:

Plan ______________________ Block _______________ Lot/Unit _________ $ __________________________________ Initial Deposit

Other _________________________________________________________
______________________________________________________________ $ __________________________________ Additional Deposit

______________________________________________________________
$ __________________________________ Assumption of Mortgage
If Condominium Property, details as described in Condominium Property
(approximate principal balance)
Schedule (attached).

1.3 No Unattached Goods (chattels) except for: __________________________ $ __________________________________

______________________________________________________________
$ __________________________________ New Financing
______________________________________________________________
______________________________________________________________
______________________________________________________________ $ __________________________________ Seller Financing
(as per attached Financing Schedule)
______________________________________________________________
______________________________________________________________
$ __________________________________ Other Value
______________________________________________________________
______________________________________________________________
$ __________________________________ Balance Owing
______________________________________________________________
(subject to adjustments)
______________________________________________________________
______________________________________________________________
$ __________________________________ Purchase Price
______________________________________________________________
______________________________________________________________ Unless otherwise agreed in writing, the Purchase Price
includes any applicable Goods and Services Tax (GST).
1.4 All Attached Goods (fixtures) except for: _____________________________
3. DEPOSITS
______________________________________________________________
3.1 All Deposits shall be delivered in trust to _____________________________
______________________________________________________________
______________________________________________________________ ______________________________________________________________.

______________________________________________________________ Unless otherwise agreed in writing, the Initial Deposit shall accompany the offer.

______________________________________________________________ ______________________________________________________________
1.5 Unless otherwise agreed in writing, title will be free and clear of all 3.2 The Initial Deposit shall be deposited no later than the second Business Day
encumbrances, registrations and obligations except the following: following the day that final signing occurred (as per clause 15.1). Additional
(a) those implied by law; Deposits shall be deposited no later than the second Business Day following
the day the Additional Deposit is received by the brokerage.
(b) non-financial obligations now on title such as easements, utility rights-of-
way, covenants and conditions that are normally found registered against 3.3 Any Additional Deposits shall be delivered as follows: ___________________
property of this nature and which do not affect the saleability of the
______________________________________________________________
Property;
(c) homeowners association caveats, encumbrances and similar 3.4 Unless otherwise agreed in writing, no interest on the Deposits shall be paid to
registrations; and the Seller or the Buyer. ___________________________________________
(d) those items which the Buyer agreed to assume in this Contract. _______________________________________________________________

______________ Seller’s Initials ______________ Buyer’s Initials


 January 2004 The Alberta Real Estate Association Page 1 of 4
# _________________________
Purchase Contract Number
3.5 The Deposits shall be held in trust for both the Seller and the Buyer and shall 4.6 If the Seller agrees in writing to accept late payment of the Purchase Price,
be: then the Buyer will pay Interest to the Seller calculated daily from and including
the Completion Day to (but excluding) the day the Seller is paid in full. Payment
(a) applied against the Commission (as defined in the Residential Real Estate
received after noon on any day will be payment as of the next Business Day.
Listing Contract or any other commission agreement signed by the Seller)
Interest means the prime lending rate of the Province of Alberta Treasury
and paid directly out of trust to the brokerage(s) when the Commission is
Branches at the Completion Day plus 3%.
earned in accordance with the terms of the Listing Contract or any other
commission agreement signed by the Seller; 4.7 The Seller's lawyer may use the Purchase Price to pay out all mortgages,
condominium contributions, registrations and other financial obligations that
(b) refunded forthwith to the Buyer if this offer is not accepted; are the Seller's obligation to pay or discharge. Within a reasonable period of
(c) refunded forthwith to the Buyer upon the Buyer’s cheque clearing the time after the Completion Day, the Seller's lawyer will provide the Buyer's
brokerage’s trust account if a condition is not satisfied or waived (as per lawyer with evidence of all discharges including, where required, a certified
clause 8.4) or the Seller fails to perform this Contract; and copy of the certificate of title and an Estoppel Certificate evidencing the
payment of all condominium contributions that are the Seller’s obligation to pay.
(d) forfeited to the Seller if this offer is accepted and all conditions are
satisfied or waived and the Buyer fails to perform on this Contract. 4.8 The Seller will pay the costs to prepare the closing documents; to prepare,
register and discharge any Seller's caveat based on this Contract; and to
3.6 The brokerage holding the Deposits is further directed and authorized to pay provide the documents described in clause 4.11.
that portion of the Deposits exceeding the Commission in trust to the Seller's 4.9 The Buyer will pay the costs to prepare, register and discharge any Buyer's
lawyer no later than two (2) Business Days prior to the Completion Day. caveat based on this Contract; and to register the transfer of land.

3.7 If there is a dispute between the Seller and the Buyer as to entitlement to the 4.10 If the Property is rented and the Buyer is not assuming the tenancy, then the
Deposits then: Seller is responsible for all costs related to ending the tenancy and to giving
vacant possession to the Buyer.
(a) the brokerage holding the Deposit shall review the circumstances,
4.11 At least ten (10) Business Days prior to the Completion Day, the Seller will
determine entitlement and pay the money to the party who is entitled to the provide the Buyer, regarding the matters described in clause 6.1, a real
Deposit; property report reflecting the current state of improvement on the Property,
(b) if no reasonable conclusion can be made in regard to (a) above, the according to the Alberta Land Surveyors’ Manual of Standard Practice, with
brokerage shall notify the parties to the Contract in writing and shall pay evidence of municipal compliance or non-conformance. This obligation will not
the money into a lawyer's trust account; apply to condominium units that do not create a lot or will not apply to any
transaction where there are no improvements on the land.
(c) the parties agree to allow the lawyer or the brokerage to deduct from the
Deposit a reasonable fee and costs incurred for dealing with the Deposit; 4.12 Notwithstanding the closing provisions in this Contract, the parties authorize
their lawyers to follow, if appropriate, the Law Society of Alberta Conveyancing
(d) a brokerage and/or lawyer acting in good faith under this clause shall not Protocol in the closing of this transaction.
be liable to either party for any damages associated with the handling of
the Deposit, except arising from the negligence of the brokerage or lawyer. 5. INSURANCE
5.1 The risk of loss or damage to the Property shall lie with the Seller until the
4. CLOSING Purchase Price is paid according to the terms of this Contract. If loss or
4.1 Unless otherwise agreed in writing, this Contract will be completed, the damage to the Property occurs before the Seller is paid the Purchase Price,
Purchase Price will be fully paid and vacant possession will be available by: then any insurance proceeds shall be held in trust for the Buyer and the Seller
according to their interests in the Property.
noon on the _______________________________________________ day of
6. WARRANTIES AND REPRESENTATIONS
__________________________________________________, ___________,
6.1 The Seller represents and warrants to the Buyer that:
(the "Completion Day"), subject to the rights of the existing tenants, if any.
(a) the Seller has the legal right to sell the Property;
When the Buyer obtains possession, the Property will be in substantially the
(b) the Attached Goods and included Unattached Goods are in normal
same condition as it was in when this Contract was accepted.
working order and are free and clear of all encumbrances;
4.2 Items which are normally adjusted for, such as real estate taxes, amortized (c) the Seller is not a non-resident of Canada for the purposes of the Income
local improvement levies, utilities, rents, security deposits, statutory interest on Tax Act (Canada);
security deposits, mortgage interest, homeowners association fees and
(d) the current use of the Land complies with the existing municipal land use
monthly condominium contributions, will be assumed by the Buyer and will be
bylaw;
adjusted as of 24:00 hours on the Completion Day.
(e) the Buildings and other improvements on the Land are not placed partly or
4.3 The Seller and the Seller's lawyer will deliver normal closing documents to the wholly on any easement or utility right-of-way and are entirely on the Land
Buyer or the Buyer's lawyer upon reasonable conditions consistent with the and do not encroach on neighbouring lands, except where an
terms of this Contract. The Buyer must have a reasonable period of time before encroachment agreement is in place;
the Completion Day to confirm registration of documents at the Land Titles (f) the location of Buildings and other improvements on the Land complies
Office and to obtain the advance of proceeds for any New Financing and Other with all relevant municipal bylaws, regulations or relaxations granted by
Value. the appropriate municipality prior to the Completion Day, or the Buildings
and other improvements on the Land are "non-conforming buildings" as
4.4 If the Seller fails to deliver the closing documents according to clause 4.3, then that term is defined in the Municipal Government Act (Alberta); and
payment of the Purchase Price and Interest will be postponed until the Buyer
(g) $_________________ is the current monthly condominium contribution
has received the closing documents and has a reasonable period of time to
payable (fee for administrative and other expenses).
register them.
6.2 All of the warranties contained in this Contract and any attached Schedules are
4.5 If the Buyer has not paid all of the Purchase Price, then the Seller may give the made as of and will be true at the Completion Day, unless otherwise agreed in
Buyer possession upon reasonable terms. writing.
______________ Seller’s Initials ______________ Buyer’s Initials
Page 2 of 4
# _________________________
Purchase Contract Number
6.3 The representations and warranties in this Contract may be enforced after the (c) Condominium Documents Condition
Completion Day, provided that any legal action is commenced within the time This Contract is subject to the Buyer's Condition regarding Condominium
limits prescribed by the Limitations Act (Alberta). Documents, as per attached Condominium Property Schedule. q Yes q No
6.4 The Seller and the Buyer each acknowledge that, except as otherwise Before 9 p.m. on ___________________________________________
described in this Contract, there are no other warranties, representations or (the "Condition Day").
collateral agreements made by or with the other party, the Seller's brokerage
and the Buyer's brokerage about the Property, any neighbouring lands, and this (d) Sale of Buyer’s Home Condition
transaction, including any warranty, representation or collateral agreement This Contract is subject to the sale of the Buyer's home, as per attached
relating to the size/measurements of the Land and Buildings or the existence Sale of Buyer's Home Schedule. q Yes q No
or non-existence of any environmental condition or problem. Before 9 p.m. on ___________________________________________
7. ADDITIONAL TERMS (the "Condition Day").

7.1 All time periods, deadlines and dates in this Contract shall be strictly followed (e) Additional Buyer's Conditions: _______________________________
and enforced. All times will be Alberta time unless otherwise stated.
__________________________________________________________
7.2 This Contract is for the benefit of and shall be binding upon the heirs,
__________________________________________________________
executors, administrators and assigns of the individual parties and the
__________________________________________________________
successors and assigns of corporate parties.
__________________________________________________________
7.3 All changes of number and gender shall be made where required.
__________________________________________________________
7.4 This Contact will be governed by the laws of the Province of Alberta. The
__________________________________________________________
parties submit to the jurisdiction of the Courts in the Province of Alberta in any
dispute that may arise out of this transaction. __________________________________________________________
__________________________________________________________
7.5 The Schedules form part of this Contract:
__________________________________________________________
q Financing Schedule q Property Schedule
__________________________________________________________
q Addendum q Condominium Property Schedule
__________________________________________________________
7.6 Additional terms of sale (if any): ____________________________________
__________________________________________________________
______________________________________________________________
Before 9 p.m. on ____________________________________________
______________________________________________________________ (the "Condition Day").
______________________________________________________________
8.2 The Seller's Conditions are: _____________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________ ______________________________________________________________
8. CONDITIONS ______________________________________________________________
______________________________________________________________
8.1 The Buyer's Conditions are:
Before 9 p.m. on ________________________________________________
(a) Financing Condition (the "Condition Day").
The Buyer will apply and be approved for New Financing as follows:
8.3 Unless otherwise agreed in writing, the Buyer's Conditions are for the sole
l as per clause 2.2 (plus applicable mortgage insurance fee, if any) benefit of the Buyer and the Seller's Conditions are for the sole benefit of the
l interest rate not to exceed __________ percent a year calculated Seller.
semi-annually not in advance 8.4 The Buyer and the Seller may unilaterally waive or satisfy their Conditions by
giving a Notice to the other party (the "Notice") on or before the stated
l a term of not less than ______________________________ years Condition Day.
Monthly payment of principal and interest not to exceed $ ___________ 8.5 Provided that the Buyer or the Seller, as the case may be, uses reasonable
efforts to satisfy the Condition(s), if the Notice has not been given on or before
_________________________________________________________
the stated Condition Day, then this Contract is ended.
(including mortgage insurance fee, if applicable) for an amortization of
25 years. 9. REMEDIES/DISPUTES
The Buyer will pay for all costs associated with the New Financing. 9.1 If the Seller or the Buyer fails or refuses to complete this Contract according to
Before 9 p.m. on ___________________________________________ its terms, then the other party may pursue all available remedies. The Seller's
(the "Condition Day"). remedies include keeping the Deposits and claiming additional damages. Both
the Seller and the Buyer can claim reasonable costs including legal fees and
(b) Property Inspection Condition disbursements on a solicitor/client full indemnity basis.
This Contract is subject to the Buyer's approval of a Property Inspection, 9.2 If the Seller must restore title to the Property, enforce a lien against the
as per attached Property Inspection Schedule. q Yes q No Property or regain possession of the Property due to the Buyer's default, then
Before 9 p.m. on ___________________________________________ the Buyer will pay the Seller's reasonable costs including legal fees and
(the "Condition Day"). disbursements on a solicitor/client full indemnity basis.

______________ Seller’s Initials ______________ Buyer’s Initials


Page 3 of 4
# _________________________
Purchase Contract Number
10. ADVICE/DISCLOSURE Buyer's Representative:
10.1 This Contract is intended to create binding legal obligations. The Seller ______________________________________________________________
and the Buyer should read this Contract carefully and are encouraged to Broker, associate broker or agent registered to the brokerage
obtain legal advice before signing.
10.2 The Buyer may wish to obtain an independent property inspection and Brokerage Name ________________________________________________
verify the measurements of the Property.
10.3 Unless there is a dual agency or another written agreement, the Seller's Brokerage Address ______________________________________________
brokerage represents the Seller as Seller's Agent and does not have a ______________________________________________________________
fiduciary relationship with the Buyer, and the Buyer's brokerage (postal code)
represents the Buyer as Buyer's Agent and does not have a fiduciary Phone ______________________________ Fax ______________________
relationship with the Seller.
13. OFFER
10.4 The Seller and the Seller's brokerage have signed a Listing Contract. The
Seller directs the Seller's lawyer to honour the terms of the Listing 13.1 The Buyer offers to buy the Property for the Purchase Price according to the
Contract and in particular to close the transaction according to the terms of this Contract.
irrevocable assignment of the Purchase Price contained in the Listing
Contract. 13.2 This offer / counter offer shall be open for acceptance in writing until
10.5 The Buyer and Seller agree that the sale and other related information ___________.m. on __________________________________, __________.
regarding this transaction may be retained and disclosed by the
brokerage and/or the real estate boards(s) as required for closing and for SIGNED AND DATED at ______________________________________, Alberta at
reporting, appraisal and statistical purposes.
__________.m. on the ___________ day of _______________________, _______.
10.6 This Contract may be signed and sent by fax and this procedure will be
as effective as signing and delivering an original copy.
_________________________________ ______________________________
11. DEFINITIONS Buyer Witness

11.1 In this Agreement: _________________________________ ______________________________


(a) Business Day means a day when both the Land Titles Office and the Print Name of Buyer Print Name of Witness
Schedule I chartered banks are open for business.
(b) Buyer's Agent means the licensed brokerage (including its broker, all _________________________________ ______________________________
associate brokers and agents) who represents the Buyer. Buyer Witness
(c) Commission means the sum owing from the Seller for services rendered
_________________________________ ______________________________
under the Listing Contract plus GST. Print Name of Buyer Print Name of Witness
(d) Completion Day is the day described in clause 4.1.
(e) Deposits mean the Initial Deposit plus all Additional Deposits. 14. ACCEPTANCE
(f) Seller's Agent means the licensed brokerage (including its broker, all
associate brokers and agents) who represents the Seller. 14.1 The Seller accepts the Buyer's offer and agrees to sell the Property for the
(g) Unless otherwise agreed in writing means a written agreement by letter Purchase Price according to the terms of this Contract.
or otherwise between the Seller or the Seller's lawyer and the Buyer or the
Buyer's lawyer. SIGNED AND DATED at ______________________________________, Alberta at

12. REPRESENTATIVES/NOTICE __________.m. on the ___________ day of _______________________, _______.


Note: This section must be completed at the offer stage prior to the Contract
being signed. _________________________________ ______________________________
12.1 The Representatives identified in clause 12.2 represent the Seller and the Seller Witness
Buyer.
_________________________________ ______________________________
12.2 For the purposes of giving and receiving any notice referred to in this Contract, Print Name of Seller Print Name of Witness
and for acceptance of an offer to purchase, communication must be in writing
and must be delivered to the address or faxed to the number described below. _________________________________ ______________________________
A notice sent or received by a Representative is proper notice for the Seller Witness
purposes of this Contract.
_________________________________ ______________________________
Print Name of Seller Print Name of Witness
Seller's Information:
Seller's Address ________________________________________________ 15. FINAL SIGNING
______________________________________________________________ 15.1 Final signing of this Contract occurred at ____________________ .m.
(postal code)
Phone ____________________________ Fax ________________________ on _______________________________________________, __________.

Seller's Representative: Initials of the person(s) who signed last ________________________


______________________________________________________________
Broker, associate broker or agent registered to the brokerage
CONVEYANCING
Brokerage Name ________________________________________________
Brokerage Address ______________________________________________ Seller's Lawyer ______________________________________________________
______________________________________________________________ Lawyer's Address ____________________________________________________
(postal code)
(postal code)
Phone ____________________________ Fax ________________________
Lawyer's Phone ___________________________ Fax ______________________
Buyer's Information:
Buyer's Address ________________________________________________ Buyer's Lawyer ______________________________________________________
______________________________________________________________ Lawyer's Address ____________________________________________________
(postal code) (postal code)
Phone _____________________________ Fax _______________________ Lawyer's Phone ___________________________ Fax ______________________

Page 4 of 4
SALE OF BUYER’S HOME
This Schedule is attached to and forms part of the Residential Real Estate Purchase Contract # ____________________________

1. The Buyer owns land (the Buyer’s Home) described as:

Municipal address: ________________________________________________________________________________________________


________________________________________________________________________________________________________________

Legal description: Plan ____________________________________ Block _______________________ Lot/Unit ____________________

Legal Legal
Condominium Plan(s) ________________________________________ Unit No.(s) ______________ Parking Unit(s) ________________

Other ___________________________________________________________________________________________________________

2. The Buyer's Home is listed (or will be listed within 24 hours of acceptance of this Contract) with:
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________

at an asking price of (or not more than) $ ______________________________________________________________________________

3. "Sell the Buyer's Home" means the Buyer has signed a legally binding and enforceable contract and that all conditions have been either
satisfied or waived by a properly given notice.

4. The Seller's brokerage will continue to market the Property and the Seller may sign another Real Estate Purchase Contract (the "Second
Contract") until the Buyer gives notice (the "Notice") that all conditions have been satisfied or waived according to the Purchase Contract.

5. The Second Contract may contain a Buyer's Condition(s).

6. If the Seller signs the Second Contract, then:

- the Seller will give notice (the Seller's Notice) to the Buyer; and
- within _______________ hours of receiving the Seller's Notice, the Buyer must give a Buyer's Notice waiving, as per the Contract,
all of the Buyer's Conditions contained in this Purchase Contract.

7. If the Buyer gives the Buyer's Notice properly, according to the Purchase Contract, then this Contract will be enforceable and will be completed
according to its terms.

8. If the Buyer fails to give the Buyer's Notice properly, then this Contract is ended, the Deposits must be returned to the Buyer as soon as
reasonably possible and the Buyer and the Seller will have no further obligations or liabilities under this Contract.

Dated at ______________________________, Alberta this _______________ day of ________________________________, _____________.

_________________________________________________ _____________________________________________________________
Buyer Witness

_________________________________________________ _____________________________________________________________
Buyer Witness

_________________________________________________ _____________________________________________________________
Seller Witness

_________________________________________________ _____________________________________________________________
Seller Witness

January 2004
SELLER’S NOTICE/BUYER’S NOTICE
For Use With “Sale of Buyer’s Home” Schedule
SELLER’S NOTICE
TO: _____________________________________________________________________________________________________ (Buyer)

FROM: _____________________________________________________________________________________________________ (Seller)

RE: ___________________________________________________________________________________________ (Municipal Address)

____________________________________________________________________________________________ (Legal Description)

The Residential Real Estate Purchase Contract # __________________________ accepted the _________________ day of
____________________________________________________________________________________, _________________ (the "Contract").

I/We have accepted another Residential Real Estate Purchase Contract (the "Second Contract") regarding the Property. You have
_________________ hours from receipt of this Seller's Notice to waive all of the Buyer's Conditions in the Purchase Contract.

If you do not give the Notice within the agreed time, then the Purchase Contract # ___________________________ is ended, the Deposits must
be returned to you as soon as reasonably possible and neither of us will have any further obligations or liabilities under the Contract.

_______________________________________________________ _____________________________________________________________________
Seller Witness

_______________________________________________________ _____________________________________________________________________
Seller Witness

The Seller signed at _______________. m on _____________________________________________________________, ________________.

BUYER’S NOTICE
I/We waive all of the Buyer's Conditions in the Purchase Contract # _____________________________________________________________

____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________

_______________________________________________________ _____________________________________________________________________
Buyer Witness

_______________________________________________________ _____________________________________________________________________
Buyer Witness

The Buyer signed at _______________. m on _____________________________________________________________, ________________.

OR

I/We agree that the Contract is ended and that you, the Seller, are free to proceed to complete the Second Contract.

_______________________________________________________ _____________________________________________________________________
Buyer Witness

_______________________________________________________ _____________________________________________________________________
Buyer Witness

The Buyer signed at _______________. m on _____________________________________________________________, ________________.

Notice must be given as described in clause 12.2 of the Purchase Contract.


January 2004
The Agency Relationship Single Agency Acknowledgment
REALTORS work within a legal relationship
Brokerage Brokerage
In real estate sales, the Dual Agent: I have received an explanation of agency
called agency. The agency relationship exists relationships and have read the brochure
between you, the Client, and the brokerage, your (a) will not, without prior written permission
Agent. A broker, A broker, “Agency Disclosure”.
of the applicable Client, disclose to the
The essence of the agency relationship is that the associate broker, associate broker,
other Client(s):
Agent has the authority to represent the Client in or agent or agent In accordance with the disclosure in the
dealings with others. Agents are obligated to (i) that the Seller will accept a price less
brochure, I acknowledge that:
protect and promote the interests of their clients as Client Client than the asking price (or a countered
they would their own. Specifically, the Agent has (Seller or Landlord) (Buyer or Tenant) selling price),
the following fiduciary duties:
(ii) that the Buyer will pay a price higher
(1) Loyalty. The Agent must protect the Client’s ,(brokerage name)
Single Agency occurs when both Buyer and Seller than the price offered,
negotiating position at all times, and disclose
all known facts which may affect or influence (Landlord and Tenant) are represented by their (iii) the reason the Seller is selling and the
the Client’s decision. own Agent in a real estate transaction. Each Agent Buyer is buying, and
(2) Obedience. The Agent must obey all lawful owes full fiduciary duties to its own Client. represented by:
(iv) the terms and conditions of
instructions of the Client.
competing offers.
(3) Confidentiality. The Agent has an obligation
to keep the confidences of the Client. Dual Agency (b) will disclose to both parties all facts known (name of broker, associate broker, or agent
(4) Reasonable care and skill in performing all registered to the brokerage)
assigned duties. to the Dual Agent that materially affect or
Dual Agency occurs when one brokerage, trading may materially affect the marketability or
(5) Full disclosure of information that might in real estate from one or more locations,
affect the value of the property. value of the property. may act as a Dual Agent in possible real
represents two parties with respect to the potential
(6) Full accounting for all money and property purchase/lease of a property.
estate transactions, in addition to their
placed in the Agent’s hands while acting for In leasing transactions, the Dual Agent: role as:
the Client.
Brokerage Brokerage
You can expect competent service from your (a) will not, without prior written permission
Agent, knowing that the brokerage is bound by of the applicable Client, disclose to the ____ Seller’s Agent ____ Buyer’s Agent
ethics and the law to be honest and thorough in A broker, A broker, other Client(s):
One broker, associate
associate broker, associate broker,
every real estate transaction. broker, or agent
or agent or agent ____ Landlord’s Agent ____ Tenant’s Agent
(i) that the Landlord will accept a price
This approach is reflected in the standard real
lower than the asking rate (or a
estate contracts produced by the Alberta Real
Client Client Client Client countered asking rate),
Estate Association. Please feel free to ask your
REALTOR to show you the contracts appropriate (ii) that the Tenant will pay a price higher (signed)
to your real estate transaction. than the rate offered,
One individual representing Two individuals working
The Client, as well, has duties towards the Agent. two (or more) clients in the for the same brokerage in (iii) the reason the Landlord is leasing and
(1) You have the duty to compensate the Agent for same transaction the same transaction
the Tenant is seeking to lease, and (signed)
the expenses that the Agent incurs as a result
of carrying out the Agent's responsibilities. (iv) the terms and conditions of competing
(2) You have the duty to pay the agreed-upon Since the brokerage is working for both parties, it offers.
remuneration or compensation as outlined in is necessary to limit (as described below) the (date)
the signed contract. fiduciary duties owed to both Clients. These (b) will disclose to both parties all facts known
limitations on the fiduciary duties will also apply to the Dual Agent that materially affect or
In addition, you have a duty to disclose material This panel is to be detached and retained in
facts to the Third Party in the real estate for buyers when one brokerage represents two or may materially affect the marketability or
transaction. more buyers. value of the property. the Agent’s (brokerage) files.
Unrepresented Parties
The Seller/Landlord may wish to act on its own The Landlord is the Client who engages a
behalf. In this situation, the Seller/Landlord brokerage to act on behalf of the Landlord when
understands that the brokerage (including its offering to lease real estate.
broker, associate brokers, and agents) represents
The Landlord's Agent represents the Landlord
the Buyer/Tenant as Buyer's Agent/Tenant's Agent
and is the licensed brokerage including the broker,
and owes no duties to the Seller/Landlord.
associate brokers, and agents registered to it.
The Buyer/Tenant may wish to act on its own The Tenant is the Client who engages a brokerage
behalf. In this situation, the Buyer/Tenant to act on behalf of the Tenant when leasing real
understands that the brokerage (including its estate.
broker, associate brokers, and agents) represents
the Seller/Landlord as Seller's Agent/Landlord's The Tenant's Agent represents the Tenant and is
Agent and owes no duties to the Buyer/Tenant. the licensed brokerage including the broker,
associate brokers, and agents registered to it.
Definitions A Dual Agent represents both the Seller and the
Buyer (or the Landlord and the Tenant), or more
Under the Law of Agency:
l the Agent is the individual or entity who works
than one buyer or tenant, and is the licensed AGENCY DISCLOSURE
brokerage including the broker, associate brokers,
on behalf of another individual or entity (e.g. the and agents registered to it.
brokerage).
l the Principal is the individual or entity on whose The singular terms "The Seller" and "The Buyer" Members of the Canadian Real Estate
behalf the Agent works; also called the Client. or "The Landlord" and "The Tenant" include the Association are required to abide by a
l the Third Party is the individual or entity who is plural where applicable. strict Code of Ethics and Standards of
not represented by an Agent or is represented by Buyers are sometimes referred to as purchasers; Business Practice, which serves to
a different Agent. sellers are sometimes referred to as vendors. protect the buying and selling public alike.
One of the ethical obligations embodied in
In Alberta, a broker / associate broker / agent is Brokers, associate brokers, and agents can use the the Code requires that REALTORS
licensed under the Real Estate Act and registered to term REALTOR only if they belong to a local disclose who they are representing in a
a licensed real estate company called the real estate board, and its provincial and national real estate transaction. Article 3 states:
brokerage. real estate associations, that enforce a strict code
of ethics and standards of business practice. A REALTOR shall fully disclose in writing
The Seller is the Client who engages a brokerage to
act on behalf of the Seller when selling real estate. to, and is advised to seek written
Advice to Buyer and Seller, acknowledgment of disclosure from, all
The Seller's Agent represents the Seller and is the parties to a transaction regarding the role
licensed brokerage including the broker, associate
Landlord and Tenant and the nature of service the REALTOR
brokers, and agents registered to it. will be providing to the client versus the
l Carefully read all documents and understand
what you are signing. customer or other party to the transaction.
The Buyer is the Client who engages a brokerage to The REALTOR shall also disclose his or
act on behalf of the Buyer when buying real estate. l If you need special or expert advice, seek her role to other REALTORS involved in
other professionals such as lawyers, notaries, the transaction.
The Buyer's Agent represents the Buyer and is the accountants, property inspectors,
licensed brokerage including the broker, associate environmental assessors, contractors,
brokers, and agents registered to it. engineers, and surveyors. September 2002 The Alberta Real Estate Association
The Alberta New Home Warranty Program
MANDATORY CLAUSES
for all Sales Contracts for Residential Housing*
APPENDIX A

Deposit Protection
The Builder confirms to the Purchaser(s) that it is a Registered Builder Member of The Alberta New Home Warranty Program
(the “Program”) and that payments made by the Purchaser(s) to the Builder are protected under the Deposit Protection of
the Program, subject to the terms, conditions, limits and exclusions of the Deposit Protection Certificate. The terms of the
Deposit Protection Certificate are printed on Schedule A.

Builder Performance Protection


The Builder confirms to the Purchaser(s) that it is a Registered Builder Member of The Alberta New Home Warranty Program
(the “Program”), and that the Home to be constructed under this Agreement will be protected under the Builder Performance
Protection of the Program, subject to the terms, conditions, limits and exclusions of the Builder Performance Protection
Certificate. The terms of the Builder Performance Protection Certificate are printed on Schedule B.

Warranty
The Builder agrees to provide the Builder Warranty set forth in detail in the Warranty Certificate appearing on Schedule C of
this Agreement as the minimum requirement on the part of the Builder. The Builder may provide warranty coverage in addition
to the minimum required in the said Warranty and in such event, the additional warranty coverage shall be contained in an
addendum in writing signed by the Builder and attached to this Agreement. Additional coverage is provided solely by the
Builder and The Alberta New Home Warranty Program does not warrant the Home beyond the terms, conditions, limits and
exclusions contained in the Warranty Certificate appearing on Schedule C.

Arbitration
If any dispute arises between the Builder and the Purchaser(s) with respect to any matter in relation to this Agreement, the
dispute shall be settled through binding arbitration in accordance with arbitration rules adopted by The Alberta New Home
Warranty Program (the “Program”), provided that, where the dispute is in relation to the Builder Warranty, the dispute shall
not be referred to arbitration until it has first been referred to and reported on, under the conciliation procedure provided by
The Alberta New Home Warranty Program. A copy of the arbitration rules as adopted by The Alberta New Home Warranty
Program shall be furnished to both parties for the commencement of an arbitration, the selection of an agreed single arbitrator
and the arbitration hearing. It is expressly agreed that the arbitration by the single arbitrator shall be final and binding on both
parties.

Purchaser(s) Acknowledgment
The Purchaser(s) acknowledge(s) that it has read and understand the terms, conditions, limits and exclusions that
are specified in the Deposit Protection Certificate, Builder Performance Protection Certificate, and the Warranty
Certificate, as printed on Schedules A, B, and C, respectively.

__________________________________ __________________________________

*Do not use in sale agreements for condominiums.

The Alberta New Home Warranty Program 04/96


Appendix A - Schedule A

DEPOSIT PROTECTION
The Alberta New Home Warranty Program (hereinafter called the “Program”) undertakes to and agrees with the Purchaser(s) (herein called
“Purchaser”) named in the Purchase Agreement or Construction Agreement to which this Certificate is appended (herein called the
“Agreement”) that, subject to the limits, conditions and exclusions set out below, if payment(s) paid by the Purchaser to the Builder become
legally refundable and the Purchaser is unable to collect from the Builder, the Program will pay the Purchaser’s actual loss.

1. Conditions

(a) In this Deposit Protection a “Deposit” is defined as only money (Canadian dollars) paid by the Purchaser to the Builder as a deposit
for the purchase of the Home under the Agreement. Only the initial Deposit and Deposit confirming removal or satisfaction of
conditions, as described and indicated in the Agreement and the Deposit Protection Receipt are covered. Things such as real or
personal property, trade in property of any kind, work, materials or services provided by the Purchaser, rentals, payments for use and
occupancy, or setoffs in favour of the Purchaser are not considered Deposits.

(b) The Builder must be a Registered Builder Member of the Program at the time the Deposit is made by the Purchaser and it is the
responsibility of the Purchaser to ensure that the Builder is a Registered Builder Member of the Program.

(c) The Purchaser shall:

(i) claim against the Program for repayment of a Deposit within one (1) year from the date of the Agreement;
(ii) at the request of the Program, assign to the Program any security position, judgment, the Agreement, caveat or equity security
held under the Agreement or any contract with the Builder in the event of refund of a Deposit;
(iii) comply with all of the obligations, terms, covenants and conditions imposed upon them under the Agreement or this Deposit
Protection; and
(iv) ensure that the Program’s copy of the Deposit Protection Receipt is mailed or delivered to the Program within three (3) days
of the date that the Deposit Protection Receipt is signed by the Builder and the Purchaser.

2. Limits and Exclusions

(a) No claim may be made where the Purchaser has defaulted in any of the obligations under the Deposit Protection Receipt, the
Agreement or mortgage financing for the Home.

(b) No claim may be made by the Purchaser after the expiration of a period of one (1) year from the date of the Agreement.

(c) The Deposit Protection ends when all conditions are released on the Agreement, and thereafter the terms and conditions of the
Program’s Builder Performance Protection apply.

(d) The limit of liability of the Program, for all Deposit Protection Receipts issued pursuant to the Agreement, is to refund the lesser of:
the actual loss to the Purchaser for Deposit(s) made to the Builder; or 15% of the Total Price of the Home including Land under the
Agreement to a maximum of $60,000.00.

3. Arbitration

If any dispute arises between the Builder and the Purchaser or between the Program and the Purchaser with respect to any matter in
relation to this Deposit Protection, the dispute shall be settled by binding arbitration by a single arbitrator in accordance with the rules
adopted by the Program. It is expressly agreed that the arbitration by a single arbitrator shall be final and binding on the parties.

The Alberta New Home Warranty Program #201, 208 - 57 Avenue SW, Calgary, AB T2H 2K8
Telephone in Calgary: (403) 253-3636 or call toll free 1-800-352-8240
In Edmonton: (780) 484-0572 February 1996
Appendix A - Schedule B

BUILDER PERFORMANCE PROTECTION


The Alberta New Home Warranty Program (hereinafter called the "Program") undertakes to and agrees with the Purchaser(s) (hereinafter called the
"Purchaser") named in the Agreement to which this Certificate is appended (hereinafter called the "Agreement") that in the event that the Builder
(hereinafter called the "Builder") named in the Agreement defaults in:

1. completing the requirements of the Agreement in accordance with its terms, covenants and conditions; or
2. paying all sub-trades and suppliers (hereinafter called the "Sub-Contractors") according to law and in compliance with governing statutes;

the Program will, subject to the limits and conditions and exclusions set out below:
(a) settle as agent of the Purchaser any claims of any Sub-Contractors to the extent required of an owner under the Builders' Lien Act of Alberta
R.S.A. 1980 c. B-12 to clear title of any builders' liens filed against the Home being constructed under the Agreement; and
(b) complete the construction of the Home in accordance with the Agreement and the plans and specifications pursuant to the Agreement, subject
to any reasonable changes required as to the time of completion or other parts of the Agreement as might reasonably be required according
to the circumstances in the sole opinion of the Program.

CONDITIONS OF BUILDER PERFORMANCE PROTECTION


1. BUILDER MEMBERSHIP (f) cooperate with the Program under any settlement or completion
agreement after a default by the Builder including: providing a
The Builder named in this protection must be a Registered Builder
full accounting of monies paid under the Agreement; the
Member of the Program at the time the Agreement is signed with the payment to the Program of all purchase monies which are due
Purchaser. or which are to become due to the extent of the total price under
the Agreement; and turn over all documents relating to the
Agreement;
2. PURCHASER'S OBLIGATIONS
(g) if requested will promptly inform the Program of the name of any
The Purchaser shall: mortgage lender or source of funding at the time such funding is
obtained or approved;
(a) claim against the Program for performance of this protection by
completion of the Request for Builder Performance Protection (h) agree to any reasonable changes to the Agreement to allow for
Assistance form of the Program within one (1) year from the the orderly clearance of title or completion of construction
earlier of the date the Builder defaults under the Agreement or including necessary extensions to the completion date after a
the date the Purchaser takes possession of the Home; Builder default and will sign any documents as may reasonably
be required by the Program for this purpose;
(b) comply with all of the terms. covenants and conditions of the
(i) agree that any dispute arising from the settlement proceedings
Agreement;
under a Builder's default, including clearance of title and
(c) conduct themselves prudently and according to law in complying completion of the Home being constructed, shall be settled by
with the Agreement or any extra or related agreement with the binding arbitration under rules of arbitration adopted by the
Builder and in general make use of any law, statute or trust Program;
which may exist to protect a Purchaser under a residential (j) subject to reimbursement of reasonable expenses as
construction agreement by public statute or common usage or determined in the sole opinion of the Program, cooperate in
custom in the conduct of such business matters (i.e., seasonal, acting as a witness and providing documents or other
deficiency or lien holdbacks, title trust conditions, etc.); information with respect to any court or arbitration proceedings
(d) agree to appoint the Program as their duly authorized agent in relation to the Builder, the Agreement or the coverage
upon its request for any reasonable purpose including the filing provided by this Builder Performance Protection.
of a Purchaser's caveat under the Land Titles Act, dealing with
Sub-Contractors; 3. BUILDER DEFAULT

(e) agree to subrogate their rights in law against the Builder, Sub- Builder default under the Agreement, giving rise to a claim for Builder
Contractors or any other third party in favour of the Program Performance Protection by the Program, occurs:
relating to the Agreement or sub-agreements of any kind, and (a) if after a payment by the Purchaser the Builder, in the sole
agree that the Program may carry on any court proceeding or arbitrary opinion of the Program, becomes insolvent or in any
arbitration in the name of and on behalf of the Purchaser at the way incapable of completing its obligations to the Purchaser, the
sole cost and expense of the Program; Program or others in a proper or timely manner;

Page 1 of 2
(b) if after the making of a payment to the Builder, the Builder (g) No claim may be made by the Purchaser under this protection
commits any act of fraud or a judgment of a court of competent with respect to: completion of the purchase of any real or
jurisdiction makes a finding of fraud (civil or criminal) against the personal property, such as a house, mobile home or otherwise
Builder; taken in trade pursuant to the Agreement; the guaranteed
purchase or sale of the Purchaser's real or personal property
(c) if the Builder commits any act of bankruptcy or becomes such as a house, mobile home or otherwise; mortgage buy-
bankrupt; downs; real estate commission; referral fees; mortgage
insurance fees (CMHC or otherwise); landscape deposit or any
(d) if the Builder fails to pay its Sub-Contractors promptly when due other deposits required by the developer of the lands for the
or permits builders' liens arising under the Builder to be filed Home; all of which are specifically excluded from this protection.
against the Home under construction for a period exceeding 30
days; (h) The Total Price required to be paid under the Agreement by the
Purchaser must be paid in Canadian dollars and any trades or
(e) if any final judgments or executions are obtained or taken
purchases of real or personal property between the Purchaser
against the Builder which are not settled, deferred or satisfied
and the Builder or others are excluded.
within any appeal period applicable to such judgments;

(f) if a receiver or receiver/manager is appointed by any creditor or


court of competent jurisdiction to operate, manage, oversee or 5. TERMINATION
administer the business of the Builder; The protection shall be voided automatically if:
(g) if the Builder makes any arrangement, compromise or (a) the Purchaser is in default of any of their obligations set out in
settlement with its creditors deferring, altering or extending the this protection or in the Agreement or in any obligation to the
time or amount of payment due to them: financial institution providing mortgage financing for the Home;
or
(h) if the Builder abandons the construction or defaults under any of
its other covenants in the Agreement without just cause. (b) the Purchaser or the Builder amend or alter in any way this
protection; or

4. LIMITS AND EXCLUSIONS (c) after termination of the membership of the Builder in the
(a) No claim may be made under this protection where the Program the Purchaser elects to continue with the Builder for the
Purchaser has defaulted or is in breach of any of their construction of the Home; or
obligations pursuant to the Agreement or the requirements for
(d) the Purchaser knowingly enters the Agreement or any other
mortgage financing for the Home.
agreement with the Builder which is misleading, untrue, or
(b) No claim may be made by the Purchaser under this protection fraudulent resulting in damage, loss or excess cost to the
where the Purchaser has received a refund of any payment in Program or to a mortgage lender.
whole or in part under the Program's Deposit Protection.

(c) No claim may be made by the Purchaser under this protection 6. NO ASSIGNMENT
against the Program after the expiration of a period of one (1) This Builder Performance Protection cannot be assigned by the
year following the earlier of the date of the default by the Builder Purchaser without the written consent of the Program which consent
or the date of possession of the Home by the Purchaser. may be denied in the absolute discretion of the Program.
(d) The coverage granted under this protection by the Program is
limited to clearance of builders' liens and completion of
7. ARBITRATION
construction. The Program is not liable for any other damages,
costs or expenses whatsoever to the Purchaser arising from a If any dispute arises with respect to any matter in relation to this
default by the Builder. protection, the dispute shall be settled by binding arbitration by a
single arbitrator in accordance with arbitration rules adopted by the
(e) The limit of liability of the Program for the clearance of builders' Program.
liens and the completion of the Home under construction
(including reasonable excess legal costs of the Purchaser as It is expressly agreed that the arbitration shall be final and binding
approved by the Program to a maximum of' $3,000.00) is on all parties.
$30,000.00.
The costs of the arbitration, including the arbitrator's fee, shall be
(f) If in the sole opinion of the Program there has been minimal initial borne by the parties to the arbitration but a final award of costs shall
construction of the Home pursuant to the Agreement, then the be in the discretion of the arbitrator.
Program reserves the right to terminate this Builder
Performance Protection and provide only the required payment
to the Purchaser under the Program's Deposit Protection. December 2001

Page 2 of 2
Appendix A - Schedule C

SINGLE FAMILY RESIDENCE


WARRANTY CERTIFICATE
General Warning: Please read this Certificate carefully. It contains limits, exclusions and notice
requirements. The protections available under this Warranty Certificate are time limited.

1. DEFINITIONS
In this Warranty:
(a) “Arbitration” means a binding arbitration in accordance with the rules and procedures adopted by the Program;
(b) “Builder” is the Builder named on your Certificate of Possession;
(c) “Certificate of Possession” is the Program’s form of Certificate of Possession for the Home provided to the Homeowner by the Builder
on or about the actual Date of Possession of the Home by the Homeowner;
(d) “Conciliation” means an inspection and a written report issued by the Program that provides a binding decision regarding warranty
issues in dispute with respect to Defects and Structural Defects in the Home as provided in this Warranty Certificate. A Conciliation
includes, in the case of a Structural Defect, a written Structural Integrity Protection report;
(e) “Date of Possession” is the earlier of the date the Purchaser occupies the Home or the Date of Possession described in the Certificate
of Possession. The Purchaser shall sign a Certificate of Possession prior to taking possession of the Home. In the event that a
Certificate of Possession is not signed or provided to the Program, the Program shall, in its sole discretion, determine the Date of
Possession and such date shall be binding upon the Builder and the Purchaser;
(f) “Defects” are workmanship and material which are not in compliance with the Program’s Workmanship and Material Guidelines or were
noted on the Certificate of Possession and have not been resolved or are not in compliance with the Alberta Building Code in effect
as at the date the building permit was issued for the Home or any condition which renders the Home not fit for use as determined by
the Program in its sole discretion. Non-compliance with the Alberta Building Code is considered a Defect covered by this Warranty
only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to result in, material damage
to the Home;
(g) “Equipment” is all of the mechanical and electrical systems or equipment installed in the Home and without restricting the generality
of the foregoing, includes any mechanical, electrical, communication, security, elevator, heating, ventilating, irrigation or appliance
systems and components;
(h) “Home” is the residential dwelling constructed by the Builder at the address recorded on this Warranty Certificate and described in the
Certificate of Possession;
(i) “Homeowner” is the registered legal owner of the Home;
(j) “Load Bearing Part” is the support system of the Home capable of transmitting live and dead loads to the supporting ground as
determined by the Program from the plans and specifications of the Home and includes only the footings, piles, foundation walls, grade
beams, teleposts, load bearing walls, beams, floor systems and roof trusses;
(k) “Program” means The Alberta New Home Warranty Program;
(l) “Structural Defect” is a Defect in material or workmanship that results in damage due to the failure of a Load Bearing Part to provide
stable and adequate support in the Home or is not in compliance with the Alberta Building Code in effect as at the date the building
permit was issued for the Home. Excluded are driveways, decks, basement and garage floors, patios, sidewalks, retaining walls and
all other concrete work which is not a Load Bearing Part. Non-compliance with the Alberta Building Code is considered a Defect
covered by this Warranty only if the non-compliance constitutes an unreasonable health or safety risk, or has resulted in, or is likely to
result in, material damage to the Home.

2. BUILDER WARRANTY
(a) The Builder warrants that the Home was built to the construction standards of the Alberta Building Code in effect at the date the building
permit was issued for the Home.
(b) The Builder agrees to repair or replace Defects or Structural Defects in the Home where written notice has been given to the Builder
in accordance with paragraphs 4(a) and 4(b) below.
(c) The Builder shall assign to the Homeowner any limited warranty provided to it by a manufacturer or supplier. The scope of the Builder’s
obligation to the Homeowner under a manufacturer’s or supplier’s material warranty shall be limited to the terms and conditions
contained therein.
July 2001 Version The Alberta New Home Warranty Program Page 1 of 5
(d) The following are Not Defects or Structural Defects:
(i) Any workmanship, design or material, provided or contracted directly by the Homeowner with a supplier, manufacturer or
tradesperson;
(ii) Damage arising from improper or inadequate maintenance by the Homeowner including damage caused by, or resulting
from, failure to maintain proper grading of the ground, failure to make necessary telepost adjustments, water leakage or
drainage, inadequate water/moisture seals, or the failure of the Homeowner to repair and maintain the Home or mitigate any
damage thereto;
(iii) Damage caused by alterations or work done by the Homeowner or the agents or sub-contractors of the Homeowner;
(iv) Defects that were apparent and were accepted by the Homeowner at the Date of Possession;
(v) Normal cracks in plaster, drywall, paint, masonry, stucco, parging, ceramic tiles, grout and other cementious material and
concrete;
(vi) Normal shrinking and warping of material caused by drying after construction;
(vii) Normal soil movement or subsidence along utility lines or backfill consolidation of compaction around the Home;
(viii) Damage other than Structural Defects caused by soil movement or subsidence;
(ix) Damage arising from wear and tear, age or weathering;
(x) Damage arising from dampness, condensation or fungal or bacterial contamination;
(xi) Accidental loss or damage caused by a third party or from acts of nature such as, but not limited to: fire, explosion, smoke,
water escape, changes which are not reasonably foreseeable in the level of the underground water table, glass breakage,
windstorm, hail, lightning, falling trees, aircraft, vehicles, flood and earthquake;
(xii) A Defect in any workmanship or material specifically agreed between the Homeowner and the Builder is excluded from this
limited warranty;
(xiii) Any damage to the extent that it is caused or made worse by the Homeowner or a third party, including:
- Negligent or improper maintenance or improper operation of any Equipment by anyone other than the Builder or its
employees, agents or sub-contractors;
- Failure of anyone other than the Builder or its employees, agents, or sub-contractors to comply with the warranty
requirement of manufacturers of the Equipment or fixtures;
- Alterations to the Home or the Equipment by anyone other than the Builder or its employees, agents or sub-
contractors; or
- Changes or failing to maintain the grading of the lot for the Home;
(xiv) Matters directly or indirectly arising from or related to environmentally harmful substances or hazards, deleterious substances
or toxic conditions or materials on, in or about the Home regardless of the party responsible;
(xv) Any loss or damage which arises while the Home is being used primarily or substantially for non-residential purposes;
(xvi) Damage arising to the Home or the Equipment from the failure of the Homeowner to take timely action to prevent or minimize
loss or damage, including failure to give prompt notice to the Builder and the Program of a discovered loss or potential loss;
(xvii) Any damage caused by insects, rodents or other animals except where such damage results from a Building Code Defect;
(xviii) Bodily injury, emotional anguish, inconvenience, damage to personal property, economic loss or damage to real property
which is not part of the Home; and
(xix) Diminution in the value of the Home or the Equipment.

3. STANDARD PROGRAM WARRANTY


(a) The Program shall be responsible to carry out the first year of the Builder Warranty, as defined in this Warranty Certificate and subject
to the procedures described herein, if the Builder does not perform in a reasonable and timely manner in accordance with the policies
and procedures of the Program.
(b) For the four (4) year period following the Builder Warranty the Program shall repair any Structural Defect where a Load Bearing Part
fails to provide stable and adequate support for the Home including any consequential damages caused to the Home arising directly
from the Structural Defect.
(c) Decisions of the Program by Conciliation or otherwise regarding the investigation, method of repair or correction of Defects or
Structural Defects and the retaining and payment of any third parties, consultants and repair contractors, shall be in the sole discretion
of the Program and shall be final and binding on the Homeowner and the Builder.

Page 2 of 5
(d) If the Home cannot be occupied during the warranty period because of a Defect or Structural Defect, the Program will reimburse the
Homeowner any increase in living and moving or storage expenses pre-approved by the Program in accordance with a schedule
adopted by the Program. The limit of these expenses shall be SIX THOUSAND ($6,000.00) DOLLARS.
(e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have
no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative, but the Program
may determine the reasonable costs associated with the repair or replacement of Defects or Structural Defects and in its sole
discretion the Program has the option to choose the alternative of paying monetary compensation to the Homeowner rather than
repairing or replacing Defects or Structural Defects. Any such payment by the Program shall be deducted from the limit of liability of
the Program referred to in paragraph 5(f) below and the Program and the Builder shall have no further liability for the Defect or
Structural Defect or any consequential damages arising therefrom for which compensation has been paid. The Program shall not be
liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in the value
of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property not
covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at the
sole expense of the Homeowner and not subject to reimbursement by the Program.

4. HOMEOWNER OBLIGATIONS
(a) The Homeowner shall:
(i) Immediately and within one (1) year from the Date of Possession, provide written notice to the Builder giving full details of any
Defect and not later than sixty (60) days after the end of that year give to the Program, in the Program’s form, written notice
of any Defect which has not been repaired or replaced by the Builder and make a written request for assistance of the Program
for Conciliation of the Defect;
(ii) Immediately and within five (5) years after the Date of Possession, provide a written request for assistance in the Program’s
form, to the Program, giving full details of any Structural Defect for Conciliation of the Structural Defect;
(iii) In cases of a dispute with the Builder, before using any other remedy, provide written notice to the Program for Conciliation of
the dispute, the decision of which shall be binding upon both the Builder and the Homeowner unless changed by Arbitration;
(iv) Not undertake any unilateral action or remedy without the prior written consent of the Program. The cost of such action and
any consequent liabilities arising therefrom, will be for the sole account of the Homeowner. Further, unilateral actions or
remedies undertaken by the Homeowner without the Program’s consent will be excluded from this warranty and may result in
this warranty being voided entirely;
(v) Allow timely, free and full access to the Home Monday through Friday, excluding statutory holidays, from 8:00 am to 5:00 pm
to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of monitoring
complaints or claims, inspecting for required maintenance, investigating warranty or claims issues, monitoring warranty or
claim issues, conducting further inspections as required, or to repair or replace Defects or Structural Defects; and
(vi) Have paid the full purchase price for the Home including all adjustments and extras to the Builder, any holdbacks for Defects,
deficiencies, seasonal deficiencies, or Builders’ liens being held in trust with the solicitor for the Builder or paid into the Court
of Queen’s Bench of Alberta.
(b) The Homeowner:
(i) Agrees that the Program upon making any payment or assuming liability under this Warranty Certificate protection coverage,
is subrogated to all rights of recovery of the Homeowner against any person, corporation or other entity who may have caused
or contributed to the occurrence of any liability under this coverage protection. The Program may bring action, at the
Program’s expense, in the name of the Homeowner or the Program to enforce such rights. The Homeowner shall fully support
and assist the Program in the pursuit of its subrogated rights; and
(ii) Acknowledges that any notice required to be given to the Program must in fact be given to the Program in the Program’s form
of written notice and within the time limits. Any notice given to the Builder is not effective notice to the Program.

5. LIMITS AND EXCLUSIONS


(a) The only Warranty given by the Builder or the Program, which is binding on the Program, is contained in this Warranty Certificate.
(b) When a Structural Defect is not causing damage to the Home, the Program may delay repairs until damage does occur.
(c) A Structural Defect caused by improper maintenance of, or an alteration to, the Home or Equipment by the Homeowner is not included
in this Warranty.
(d) No claim shall be made under this Warranty Certificate where the Program has made a refund to the Homeowner under its Deposit
Protection Receipt.

Page 3 of 5
(e) This Warranty Certificate shall be strictly limited to the repair or replacement of Defects or Structural Defects. The Program shall have
no liability other than to repair or replace Defects or Structural Defects and for which there is no monetary alternative. The Program
shall not be liable in any way, directly or indirectly, for any damage, loss or expense, emotional anguish, inconvenience, diminution in
the value of property, economic loss, physical injury or damage to a person, or persons or to any personal property, or other property
not covered by this Warranty Certificate. Any repairs or investigations undertaken, or costs incurred, by the Homeowner shall be at
the sole expense of the Homeowner and not subject to reimbursement by the Program.
(f) The limit of liability of the Program for the costs of any and all repairs and third party investigation and consulting engineers under
this Warranty Certificate, including the first year Builder’s Warranty and the Standard Structural Warranty is SIXTY THOUSAND
($60,000.00) DOLLARS.
(g) The Home has been enrolled by the Program for Warranty Certificate coverage subject to the terms, conditions, exclusions and limits
of this Warranty Certificate.

6. TERMINATION OF WARRANTY
(a) This Warranty Certificate shall terminate automatically if:
(i) The Homeowner does not maintain the Home in a reasonable and prudent manner;
(ii) The Home is not used for residential purposes by the Homeowner, unless the Homeowner obtains the written consent of the
Program which consent shall be in the sole discretion of the Program;
(iii) The Homeowner fails to comply with the Homeowner Obligations in paragraph 4 above;
(iv) The Homeowner undertakes any unilateral action or remedy without the prior written consent of the Program, the cost of such
action and any consequent liabilities arising therefrom, will be for the sole account of the Homeowner and unilateral actions
or remedies undertaken by the Homeowner will be excluded from this Warranty Certificate and will result in the Program’s
Warranty Certificate being cancelled entirely.
(b) In any event, unless the Homeowner has met the written notice requirements and obligations to both the Builder and the Program in
paragraph 4 above, then the warranty obligations and liability of the Program to the Homeowner under this Warranty Certificate shall
be absolutely terminated:
(i) Sixty (60) days after the end of one (1) year from the Date of Possession with respect to the first year warranty in paragraph
3(a) above;
(ii) Five (5) years from the Date of Possession with respect to the Structural Warranty in paragraph 3(b) above;
(iii) Ten (10) years from the Date of Possession with respect to a Structural Warranty in paragraph 3(b) above that has been
extended by the payment of a non-refundable fee to the Program within the optional time period offered by the Program.

7. TRANSFER OF WARRANTY
If the legal title to the Home is transferred before the termination of this Warranty Certificate, then:
(a) All of the applicable unused benefits under this Warranty Certificate shall be automatically transferred to any subsequent Homeowner.
But whether disclosed or not, prior actions or obligations of the Homeowner shall be binding upon any subsequent Homeowner and,
in particular, any previous acts, omissions, defaults or agreements of any kind made by the Homeowner with the Builder or the
Program shall be binding upon any subsequent Homeowner;
(b) Each Homeowner shall promptly deliver this Warranty Certificate to any subsequent Homeowner and shall advise any subsequent
Homeowner of any matter that may affect or limit the coverage contained in this Warranty Certificate;
(c) All of the Homeowner Obligations contained in this Warranty Certificate shall be binding on any subsequent Homeowner.

8. CONCILIATION PROCEDURE
(a) If there is a dispute between the Builder and the Homeowner with respect to the Builder Warranty or any additional warranty provided
by the Builder, then either the Builder or the Homeowner must provide the Program with the Program’s form of written notice
requesting Conciliation of the dispute.
(b) With respect to Defects, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be received
by the Program not later than sixty (60) days after the end of one (1) year from the Date of Possession.
(c) With respect to a Structural Defect, the Program’s form of written notice together with the non-refundable fee [refer (8)(d)(iv)] must be
received by the Program not later than five (5) years from the Date of Possession, or not later than ten (10) years from the Date of
Possession if the Structural Defect Warranty has been extended as described in paragraph 6(b)(iii) above.

Page 4 of 5
(d) The Builder and the Homeowner must comply with the Program’s Conciliation procedures. Upon receiving the Program’s form of
written request for Conciliation, the Program will apprise the Homeowner and the Builder of the Program’s Conciliation procedures
which include, but are not limited to, the following conditions:
(i) The inspection and Conciliation procedures of the Program are mandatory before the Program will do any repair work;
(ii) No Conciliation will be commenced until the full purchase price for the Home has been paid in accordance with paragraph
4(a)(vi) above;
(iii) The Homeowner must allow reasonable access to the Home Monday through Friday, excluding statutory holidays, from 8:00
am to 5:00 pm to the Builder or the Program and their authorized employees, agents and sub-contractors for the purpose of
inspection or repair;
(iv) A non-refundable fee specified by the Program must accompany submission of the Program’s form of written request for
Conciliation;
(v) The Program will provide a written Conciliation report to the Builder and the Homeowner;
(vi) A Conciliation decision shall be final and binding;
(vii) If repairs are necessary, the Program may conduct inspections of the Home until the work has been completed to the
Program’s satisfaction;
(viii) It is an absolute requirement (condition precedent) that prior to the Program commencing any remedial work or repairs, that
any outstanding monies due and owing to the Builder including holdbacks for Defects, deficiencies or otherwise as described
in 4(a)(vi) above must be unconditionally forwarded to the Program and disbursed in accordance with the written decision of
the Program unless the Builder or Homeowner proceeds to Arbitration, in which case the monies shall be disbursed in
accordance with the Arbitration proceedings.

9. ARBITRATION
(a) If any issue, with respect to anything in this Warranty Certificate or contained in a Conciliation report, is disputed, it shall be settled
by Arbitration by a single arbitrator in accordance with the Arbitration rules and procedures adopted by the Program. It is expressly
agreed that the Arbitration shall be final and binding on all parties.
(b) Payment of the costs of the Arbitration including: the arbitrator’s fees and expenses; the Arbitration application fee; and the law firm
administration fee, shall be the responsibility of the parties to the Arbitration but a final award of costs shall be in the discretion of the
arbitrator.
(c) The Homeowner, Builder or the Program may initiate an Arbitration. The application to arbitrate must be commenced by completing
an Application to Arbitrate in the form approved by the Program and submitting the Application to Arbitrate and a non-refundable
application fee to a law firm designated by the Program not later than thirty (30) days from the date of the Program’s Conciliation
report.

10. NOTICE
Any notice required to be given must be given in writing and mailed or delivered at the addresses indicated in the Certificate of Possession
for the Homeowner and the Builder. The Program’s address is:

The Alberta New Home Warranty Program

Calgary
#201, 208 - 57 Avenue S.W.
Calgary, AB T2H 2K8

Edmonton
#201, 10335 – 172 Street
Edmonton, AB T5S 1K9

Any notice delivered by mail shall be deemed to have been received five (5) days after it has been posted in a prepaid addressed envelope.

Page 5 of 5
Appendix B
NATIONAL HOME WARRANTY PROGRAM
ADDENDUM TO PURCHASE AGREEMENT
LIMITED WARRANTY CERTIFICATE - SINGLE-FAMILY RESIDENTIAL UNIT
1. DEFINITIONS - In this Limited Warranty: “Structural Defect Warranty Period” means the period commencing on the
“Arbitration” means a binding arbitration in accordance with the rules adopted Possession Date of the Residential Unit and ending five (5) years from the
by the Program. Possession Date.
“Builder” means the Builder named in the Contract and on the Certificate of “The Program” means National Home Warranty Programs Ltd.
Possession.
2. BUILDER’S OBLIGATIONS AND WARRANTY
“Certificate of Possession” means the Certificate that is to be dated and a) The Builder warrants that the Residential Unit was constructed in accordance
executed by the Builder and Purchaser on the Possession Date. with the Alberta Building Code requirements and standards in effect at the time
“Conciliation” means an inspection and a written report issued by the Program the building permit was issued for the Residential Unit.
that provides a binding decision regarding warranty issues in dispute between the b) The Builder agrees to repair or replace Defects listed and attached to the
Builder and the Purchaser. Certificate of Possession in a timely and efficient manner.
“Contract” means a written agreement made between the Builder and the c) Defects to the Residential Unit will be repaired or replaced where such Defects
Purchaser wherein the Builder agrees to construct or sell to the Purchaser a occur within one (1) year following the Possession Date, provided that the
Residential Unit built in accordance with the plans and specifications or model Purchaser has complied with all those obligations as set out in Paragraph 4,
referred to in the agreement. following;
“Contractual Completion Warranty Period” means the period commencing on d) The following are not Defects;
the date construction of the Residential Unit begins and ending on the earlier of i) Normal cracks in plaster, paint, drywall, masonry, stucco and concrete work
(i) the date the Residential Unit is occupied by the Purchaser, or (ii) the date the including without limitation, cracks in basement floors, garage floors, retaining
Residential Unit is complete and ready for occupancy by the Purchaser, or (iii) the walls, patios, sidewalks and driveways;
date the unit is complete and title is transferred from the Builder to the Purchaser ii) Normal shrinkage or warping of materials;
at the appropriate Land Title Office. iii) Defects arising from normal wear and tear or improper and inadequate
“Defects” means workmanship or materials supplied which are not in maintenance by the Purchaser including damage caused by, or resulting from,
compliance with the Program’s Defect Guidelines or were noted on the dampness or condensation due to the failure of the Purchaser to maintain
Certificate of Possession and have not been resolved or are not in adequate heat and/or ventilation;
compliance with the Alberta Building Code in effect as at the date the building iv) Defects in workmanship, materials or alterations supplied or made by the
permit was issued or any condition which renders the Residential Unit not fit for Purchaser;
its intended use as determined by the Program in its sole discretion. Non- v) Damage caused by the Purchaser at the time of the move-in;
compliance with the Alberta Building Code is considered a Defect covered by this vi) Damage caused by Soil Movement around the Residential Unit or utility lines
Limited Warranty only if the non-compliance constitutes an unreasonable health other than Structural Defects;
or safety risk, or has resulted in material damage to the Residential Unit. vii) Defects accepted by the Purchaser at the Possession Date that were then
“Defect Warranty Period” means the period commencing on the Possession apparent.
Date of the Residential Unit and ending one (1) year from the Possession Date.
3. PROGRAM WARRANTY
“Deposit” means money paid by a Purchaser to a Builder as a deposit only,
In order for the warranties provided in this document to be binding upon the
pursuant to the terms of a contract.
Program, the Purchaser must not be in default of any, some or all of those
“Deposit Receipt” means a receipt in the form provided by the Program to be
obligations set out in Paragraph 4 of this Limited Warranty Certificate.
executed by the Purchaser and the Builder for money paid to the Builder by the
The Program shall indemnify the Purchaser, subject to the exclusions, limitations
Purchaser as a Deposit.
and conditions set out in this Limited Warranty where a claim for direct loss is
“Deposit Warranty Program” means the period commencing on the date the made within the Deposit and Contractual Completion Warranty Period, Defect
Program receives confirmation of Deposit Coverage under the Limited Warranty Waranty Period or Structural Warranty Period.
from the Builder and ending on the date construction of the Residential Unit Subject to the exclusions, limitations and conditions set out in this Limited
commences. Warranty, the Program shall only be liable for the limit specified below in respect
“Possession Date” means the date of possession set forth in the Certificate of of all claims made by the Purchaser under each coverage listed;
Possession. a) Deposit Coverage Warranty
“Purchaser” means any person owning the Residential Unit and named in the The Program will pay to the Purchaser any portion of a Deposit which at law is
contract with the Builder for the construction of the Residential Unit, for the refundable to the Purchaser under the Contract and is not recovered from the
purpose of residential occupancy by the Purchaser. Builder as a result of the bankruptcy, insolvency, liquidation or winding up of the
“Residential Unit” means the home, constructed for the purpose of residential Builder providing the claim therefor is made to the Program within one year from
occupancy by the Purchaser, that is the subject matter of this Limited Warranty the date of the Contract. The maximum obligation of the Program for Deposit
Certificate. Coverage is Twenty Five Thousand Dollars ($25,000.00).
“Soil Movement” means the subsidence, expansion or lateral movement of soils b) Contractual Completion Warranty
immediately supporting or surrounding any load bearing portion of a Residential The Program will provide protection to the Purchaser for damages caused by the
Unit but excludes soil movement caused by flood, earthquake, landslide or act of Builder’s failure to complete the construction of the Residential Unit as a result of
God. the bankruptcy, insolvency, liquidation or winding up of the Builder providing the
“Structural Defect” means a Defect in a load bearing component of a claim therefor is made to the Program within the Contractual Completion
Residential Unit which will impair the overall structural integrity and stability of the Warranty Period.
Residential Unit but excludes driveways, basement floors, garage floors, carport The Program will pay reasonable legal costs not to exceed $3,000.00 to remove
slabs, sidewalks, retaining walls, septic tanks and fields or any other construction liens from the Purchaser’s title.
which by its use, uses or intended uses are not load bearing. For the purposes of The maximum obligation of the Program for damages resulting from the Builder’s
this Limited Warranty Certificate “Load Bearing” means the piles, footings, failure to complete the construction of the Residential Unit and to clear builder
foundation walls, grade beams, teleposts, bearing walls, floor joists, posts and liens with respect to the Residential Unit shall not exceed, in the aggregate, the
beams, and roof trusses. sum of Twenty Five Thousand Dollars ($25,000.00).
Page 1 of 2
The Purchaser cannot make any claims under the provisions of Paragraph 3(b), 6. TRANSFER OF LIMITED WARRANTY
above, WHERE: To effect a transfer of the Limited Warranty the home, named in the contract with
a) The Deposit has been returned to the Purchaser; the Builder and the original Purchaser, must have been completed by the Builder
b) The Purchaser fails to comply with any and all laws, statutes or statutory or and occupied by the original Purchaser named in the contract with the Builder. In
legal obligations which are designed and intended for the benefit of the the event there is a transfer of ownership of the Residential Unit during the term
Purchaser pursuant to the Contract or any law or statute or legal practice or of this Limited Warranty, then all remaining benefits under this Limited Warranty
standard regulating the activities and matters, i.e. Holdbacks (lien or seasonal); shall accrue to the new owner who will be bound by all the Purchaser obligations
c) One (1) year has elapsed following the Default of Builder set out herein. The new owner shall not be entitled to any benefits under the
d) Possession of the Residential Unit has been taken by the Purchasers; Limited Warranty that would not have accrued to the Purchaser had the
e) Any claim is made for any matter beyond the warranty provided by this Purchaser retained ownership of the Residential Unit.
document;
f) If the Purchaser continues to deal with the Builder for completion of the 7. CONCILIATION
Residential Unit even after termination of the Builder’s registration with the a) In the event of a dispute between the Builder and the Purchaser which cannot
Program; be settled between them with respect to the Builder’s performance of its one (1)
c) Defect and Structural Defect Warranty year warranty, either party shall submit in writing to the Program for conciliation.
The Program will: This shall be done within sixty (60) days of the end of the one (1) year warranty
a) fulfill the one (1) year warranty of the Builder as set out in Paragraph 2 of this supplied by the Builder. This procedure is a pre-requisite of the Program
document if the Builder fails to do so; accepting responsibility pursuant to Paragraph 3 of this Limited Warranty;
b) repair Structural Defects which occur during the four (4) year period following b) The Conciliator shall be named by the Program and shall have such powers
the expiration of the Builder’s warranty; as is necessary, and without limitation the right of reasonable access to the
The decision to correct a Defect or Structural Defect is in the sole discretion of Residential Unit to conduct inspections, in order to make a proper determination
the Program. This can only be changed by Conciliation; of the dispute. Both the Builder and the Purchaser shall make representations to
d) Additional Living Expenses Coverage the Conciliator in the manner directed by the Conciliator.
If the Residential Unit becomes uninhabitable due to a Defect or Structural c) The Conciliator shall make a determination and advise both parties in writing
Defect, for such period as is reasonably required to repair the Defect or Structural of the decision, including the work to be done, if any, and by whom.
Defect, pay compensation for additional living and moving expenses in an d) If it is determined that there is remedial work to be done the Program shall
amount not to exceed Five Thousand Dollars ($5,000.00), q subject to prior conduct such inspections as are necessary, in the absolute discretion of the
approval of the Program q. Program, until the work to be completed has been done.
e) The decision of the Conciliator shall be final and binding upon all parties hereto
The maximum obligation of the Program, pursuant to Paragraphs 3(b), 3(c) and unless changed by the decision of an arbitrator.
3(d) above, shall not exceed in the aggregate, the sum of Fifty Thousand Dollars f) It is an absolute requirement (condition precedent) to any remedial work or
($50,000.00). repairs by the Program, that should the Purchaser be holding back payment of
any monies due and owing to the Builder for any claimed defect or deficiency
4. PURCHASER OBLIGATIONS then such monies shall be paid into trust at the direction of the Program prior to
In order for Parts 3(c) and 3(d) of this Limited Warranty to be in effect the the commencement of any remedial work or repairs. The monies shall be held in
Purchaser shall: trust and disbursed in accordance with the written decision of the Program unless
a) execute a Certificate of Possession provided by the Builder; the Builder or the Purchaser proceed to arbitration, in which case the monies
b) maintain the statutory lien fund; shall be disbursed in accordance with an arbitration award pursuant to Paragraph
c) use the Residential Unit only as a residence; 8 (Arbitration).
d) not remove the Residential Unit from its foundation;
e) properly maintain the Residential Unit; 8. ARBITRATION
f) immediately and within one year from the Possession Date contact the Builder a) If any issue contained in the conciliation report is disputed, it shall be settled
in writing giving full details of any Defect or Structural Defect. If the Builder fails by binding arbitration by a single arbitrator in accordance with the rules adopted
to respond in a reasonable period of time the Purchaser shall notify the Program by the Program.
in writing giving complete details within sixty (60) days of the first anniversary of b) The homeowner, Builder or the Program may initiate an arbitration by making
the Possession Date; a written request and submitting it and the appropriate non-refundable fee to the
g) immediately and within five (5) years after the Possession Date contact the law firm designated by the Program not later than 30 days from the date of the
Program in writing giving full details of any Structural Defects; conciliation report.
h) in the event of a dispute concerning the Builder’s performance of its one (1) c) The cost of the arbitration, including the arbitrator’s fee, shall be borne by the
year warranty, before using any other remedy, proceed to conciliation, all in parties to the arbitration. A final award of costs shall be at the discretion of the
accordance with the procedures set out in this Certificate; arbitrator. It is expressly agreed that the arbitration shall be final and binding on
i) maintain and ensure that drainage of surface water shall be away from the all parties.
foundation walls of the Residential Unit;
j) cooperate with the Program upon the Builder’s default, including the execution 9. SUBROGATION
of such agreements and documents as may reasonably be required by the The Purchaser(s) hereby subrogate(s), in favour of the Program, all their rights
Program to fulfill its obligations under this Limited Warranty; against the Builder, sub-trades or any third party relating to the Contract and
k) fully cooperate with the Builder, sub-trades and the Program in permitting hereby further agrees that the Program shall have the full right and power to carry
them, or any of them, to obtain easy access in order to repair or replace a Defect on any judicial or other proceeding(s) in the name of the Purchaser(s).
or Structural Defect;
l) not be in default of any of these obligations and the Contract. I/We acknowledge that I/We have read this Limited Warranty Certificate
disclosed to me/us by the Builder on this ______________ day of
5. LIMITATION AND EXCLUSIONS __________________________________________________, 20__________.
a) The Warranty contained in this Limited Warranty Certificate is the only
Warranty that is binding upon the Builder and the Program. Purchaser: ______________________________________________________
b) This Limited Warranty covers repairs to the Residential Unit and the Program
is not liable for any other property damage or personal injury. Purchaser: ______________________________________________________
Page 2 of 2
Appendix C
Limited Warranty Certificate Page 1

RESIDENTIAL WARRANTY COMPANY OF CANADA INC.


LIMITED WARRANTY CERTIFICATE

1.0 Definitions

The following words and phrases when used in this Limited Warranty Certificate shall have the following meanings unless the context
otherwise requires:

1.1 “Builder” means the builder or contractor described in the Possession Certificate and/or declaration page attached to this
Limited Warranty Certificate;

1.2 “Building Code” means the provincial building code applicable to construction of the Residential Unit and in force at the time
the building permit was issued for the Residential Unit;

1.3 “Contract” means the written agreement made between the Builder and the Purchaser for construction or sale to the Purchaser
of a Residential Unit;

1.4 “Defect” means any work and materials which fail to comply with the Building Code;

1.5 “Limited Warranty Certificate” means this certificate;

1.6 “Possession Certificate” means the Possession Certificate in the form provided by RWC which is to be dated, completed and
executed by the Builder and Purchaser on the Possession Date;

1.7 “Possession Date” means the date of possession stated in the Possession Certificate;

1.8 “Purchaser” means a person who has entered into a Contract with the Builder;

1.9 “Program” means the single family residential warranty program administered by RWC;

1.10 “Residential Unit” or “Unit” means a detached or semi-detached single-family dwelling or duplex newly constructed by the
Builder and not occupied prior to the Possession Date but does not include any swimming pool, site grading or surface
drainage, landscaping, shrubbery, flowers, trees, patio, driveway, sidewalk, retaining wall, fence, septic tank or field, water well,
or detached garage, carport or outbuildings, or a condominium unit;

1.11 “RWC” means Residential Warranty Company of Canada Inc., the corporation which administers the Warranty on behalf of the
Builder and Warranty Insurer;

1.12 “Structural Defect” means any defect in the following load bearing components of a Residential Unit which impairs the structural
integrity of the Residential Unit: piles, footings, foundation walls, grade beams, teleposts, bearing walls, floor joists, girders,
posts and beams, and roof trusses, but excludes driveways, basement floors, garage floors, patios, sidewalks, retaining walls,
swimming pools, and all other concrete work which is not load bearing;

1.13 “Warranty” means the warranty obligations of the Builder and the Warranty Insurer set forth in the Limited Warranty Certificate;
and

1.14 “Warranty Insurer” means the insurance company that underwrites the Warranty.

Residential Warranty Company of Canada Inc.


June 20, 2002 ABSF
Limited Warranty Certificate Page 2

2.0 Warranty of the Builder

2.1 The Builder warrants to the Purchaser that the Residential Unit was constructed in compliance with the Building Code.

2.2 Subject to the terms, conditions, exclusions and limitations contained in this Limited Warranty Certificate, and providing the
Purchaser has complied with the obligations set forth in Section 6 hereof, the Builder agrees to:

2.2.1 Complete seasonal and other deficiencies stated on the Possession Certificate in a timely manner; and

2.2.2 Repair Defects and Structural Defects in the Residential Unit which are reported to the Builder in writing within one
(1) year following the Possession Date.

2.3 The Builder shall assign to the Purchaser all manufacturers’ warranties on products supplied by the Builder.

3.0 Proscriptions

The following are not Defects or Structural Defects in the Residential Unit within the meaning of this Limited Warranty Certificate, and
are not covered by the Warranty:

3.1 Materials, design or workmanship provided by the Purchaser;

3.2 Normal cracks in plaster, paint, drywall, masonry, stucco and concrete;

3.3 Shrinkage or warping of materials;

3.4 Defects arising from improper maintenance of the Residential Unit by the Purchaser, or resulting from inadequate heat or
ventilation;

3.5 Soil subsidence around or near the Residential Unit; and

3.6 Defects or Structural Defects apparent on the Possession Date and accepted by the Purchaser.

4.0 Warranty of the Warranty Insurer

Subject to the terms, conditions, exclusions and limitations set forth in this Limited Warranty Certificate, and providing the Purchaser has
complied with the obligations set forth in Section 6 of this Limited Warranty Certificate:

4.1 Defects and Structural Defects

4.1.1 The Warranty Insurer agrees to repair Defects and Structural Defects that have not been repaired by the Builder
within the first year following the Possession Date which are reported in writing to RWC within thirty (30) days
following the first anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Two
Hundred and Fifty ($250.00) Dollars.

Residential Warranty Company of Canada Inc.


Limited Warranty Certificate Page 3

4.1.2 The Warranty Insurer agrees to repair Structural Defects that become apparent within nine (9) years following the first
anniversary of the Possession Date which are reported in writing to RWC immediately and within thirty (30) days
following the tenth anniversary of the Possession Date, subject to a deductible payable by the Purchaser of Five
Hundred ($500.00) Dollars.

4.2 Limitation of Liability

4.2.1 The Warranty Insurer’s liability under Section 4.1 for repair of Defects and Structural Defects is limited to and shall
not exceed Sixty Thousand ($60,000.00) Dollars in the aggregate.

4.3 Contract Completion

4.3.1 If the Builder defaults under the Contract or builders’ liens are registered against title to the Residential Unit and the
Builder becomes insolvent or subject to the provisions of the Winding Up Act or the Bankruptcy and Insolvency Act,
or is liquidated or a receiver or receiver manager is appointed in respect to the assets of the Builder, then, subject to
the limitations, exclusions and conditions set forth in Section 4.3 hereof, the Warranty Insurer agrees to:

4.3.1.1 Complete construction of the Residential Unit in accordance with the Contract, subject to any amendments
thereto as are deemed necessary by the Warranty Insurer regarding the completion date; and

4.3.1.2 Discharge from title to the Residential Unit builders’ liens registered thereon in connection with
improvements made to the Residential Unit under the Contract.

4.3.2 The Warranty Insurer’s liability under Sections 4.3.1.1 and 4.3.1.2 for completion of the Residential Unit and
discharging liens from title thereto is limited to and shall not exceed the sum of Twenty-Five Thousand ($25,000.00)
Dollars in the aggregate.

4.3.3 The Purchaser cannot make any claim against the Warranty Insurer under Section 4.3, Contract Completion, where:

4.3.3.1 Any deposit or portion thereof paid under the Contract has been returned to the Purchaser;

4.3.3.2 The Purchaser is in default under the Contract or any obligation of the Purchaser set forth in this Limited
Warranty Certificate;

4.3.3.3 A period of one (1) year has expired since the date of the Builder’s default under the Contract or the date
on which the Purchaser took possession of the Residential Unit;

4.3.3.4 The Purchaser fails to comply with the Builders’ Lien Act of Alberta or similar legislation in the jurisdiction in
which the Residential Unit is located, or adhere to or utilize standard legal practice customarily used in the
jurisdiction where the Residential Unit is located to protect a Purchaser in respect to deficiencies under the
Contract or title to the Residential Unit; or

4.3.3.5 The Builder is not a member of the Program when the Contract is signed by the Purchaser.

Residential Warranty Company of Canada Inc.


Limited Warranty Certificate Page 4

4.4 Living Expenses

4.4.1 In the event the Residential Unit becomes uninhabitable due to a Defect or Structural Defect, the Warranty Insurer
agrees to pay to the Purchaser additional living and moving expenses incurred by the Purchaser of up to One
Hundred ($100.00) Dollars per day, providing those expenses are pre-approved in writing by the Warranty Insurer.

4.4.2 The Warranty Insurer’s liability under Section 4.4 is limited to and shall not exceed an aggregate maximum limit of Six
Thousand ($6,000.00) Dollars.

4.5 Extended Coverage

4.5.1 Mechanical Systems

The Warranty Insurer agrees to repair Defects in the electrical, plumbing and heating systems incorporated into the
Residential Unit where such Defects become apparent and are reported to RWC in writing within one (1) year
following the first anniversary date of the Possession Date, subject to a deductible payable by the Purchaser of Five
Hundred ($500.00) Dollars.

4.5.2 Foundation Water Penetration

The Warranty Insurer agrees to repair the foundation of the Residential Unit if water penetrates the foundation and
causes material damage, where such water penetration or resulting damage becomes apparent and is reported to
RWC within four (4) years following the first anniversary date of the Possession Date, subject to a deductible payable
by the Purchaser of Five Hundred ($500.00) Dollars.

4.6 Decisions of RWC

The decision of RWC regarding correction of any Defect or Structural Defect shall be final and binding on the Purchaser.

5.0 Dispute Resolution

5.1 If an unresolved dispute arises between the Builder and the Purchaser regarding the Builder’s obligations under the Warranty,
either the Builder or the Purchaser may submit the matters in issue to RWC for final resolution.

5.2 RWC shall review the matters in issue and conduct such inspections of the Residential Unit as it deems necessary, with the
cost of such inspections to be borne by the Purchaser and/or Builder as determined by RWC.

5.3 In order to inspect reported Defects, access to the Residential Unit shall be given to RWC and/or its consultants during normal
business hours upon request.

5.4 Within thirty (30) days following inspection of the Residential Unit by RWC and/or its consultants, RWC shall issue a written
report on the matters in issue and provide the Builder and Purchaser with a copy of the report. The recommendations and
conclusions of RWC set forth in the report shall be final and binding on the Builder and the Purchaser.

Residential Warranty Company of Canada Inc.


Limited Warranty Certificate Page 5

5.5 If the report of RWC calls for repairs, the Purchaser shall give the Builder, RWC and its agents and subcontractors access to
the Residential Unit during normal business hours to undertake the repairs.

5.6 Commencement of court proceedings or other legal action by the Purchaser in respect to this Warranty shall void the Warranty
coverage in all respects.

6.0 Purchaser’s Obligations

The Purchaser shall:

6.1 Within one (1) year from the Possession Date, if any Defect in the Residential Unit is discovered, immediately advise the
Builder in writing of the details of the Defect. If the Builder fails to respond or remedy the Defect, the Purchaser shall give RWC
written notice setting forth the details of the Defect within thirty (30) days following the first anniversary of the Possession Date.

6.2 Within ten (10) years from the Possession Date, if any Structural Defect in the Residential Unit is discovered, immediately
advise RWC in writing of the details of the Structural Defect.

6.3 Maintain the Residential Unit in a proper and prudent manner.

6.4 In the case of a claim arising under Section 4.3 of this Limited Warranty Certificate:

i) transfer and assign to the Warranty Insurer all legal rights and remedies the Purchaser has at law against the Builder
and subcontractors under or in relation to the Contract; and

ii) pay to or to the order of RWC or the Warranty Insurer the unpaid balance of the Purchase Price under the Contract
including holdbacks under the Builders’ Lien Act of Alberta.

6.5 Refer all unresolved disputes regarding the Warranty to RWC for investigation and final resolution.

7.0 Exclusions and Limitations

7.1 No repairs or remedial work will be undertaken by the Warranty Insurer unless:

7.1.1 Written notice of the Defect or Structural Defect has been given to the Builder and RWC within the time limits
specified in this Limited Warranty Certificate; and

7.1.2 RWC has investigated or caused to be investigated the Defect or Structural Defect and the written report of RWC
requires that Defect or Structural Defect to be repaired.

The conditions set forth in Sections 7.1.1 and 7.1.2 hereof are conditions precedent which must be satisfied before any
corrective action or remedial work is undertaken or performed by the Warranty Insurer.

7.2 The Warranty contained in this Limited Warranty Certificate is the only warranty binding upon the Builder and the Warranty
Issuer.

7.3 The Warranty in this Limited Warranty Certificate covers repairs to the Residential Unit only, and the Warranty Insurer is not
liable for property damage or damages resulting from physical injury or death of any person, or for any consequential damages
whatsoever.

Residential Warranty Company of Canada Inc.


Limited Warranty Certificate Page 6

7.4 The aggregate maximum liability of the Warranty Insurer for all claims arising under this Limited Warranty Certificate shall be
limited to and shall not exceed One Hundred Thousand ($100,000.00) Dollars.

7.5 RWC is the administrator of the Warranty, and shall not under any circumstances be liable for performance of any obligation
of the Builder or the Warranty Insurer under this Limited Warranty Certificate.

8.0 Termination of Warranty

The Warranty shall terminate and be of no further force or effect if:

8.1 The Residential Unit is not used as a single family residence or is not properly maintained;

8.2 All or any portion of the deposit paid under a Contract has been refunded to the Purchaser; or

8.3 The Purchaser fails to provide the Builder and RWC with the written notices required of the Purchaser within the time period
specified in this Limited Warranty Certificate.

9.0 Subrogation

In the event RWC or the Warranty Insurer repairs any Defect or Structural Defect, RWC and the Warranty Insurer shall be subrogated
to all the Purchaser’s rights of recovery therefor against the Builder or any third party, and the Purchaser agrees to execute and deliver
any and all documents and take any and all action as may be necessary to secure such rights, and shall do nothing to prejudice such
rights of subrogation.

10.0 Notices

Any notice required or permitted to be given to RWC by the Purchaser must be in writing and given within the time limits prescribed in
this Limited Warranty Certificate.

11.0 Transfer of Limited Warranty

Any unused portion of this Warranty shall extend to subsequent transferees of the Residential Unit, subject to the Purchaser’s
obligations set forth in this Limited Warranty Certificate.

Residential Warranty Company of Canada Inc.


To be completed by Residential Realtors

ALBERTA REAL ESTATE ASSOCIATION CREDENTIAL FORM


To be used for Alberta Crown Land Listings
- Updates required every 3 months –
(Please type)

Real Estate Board


Attach your resume and/or marketing plan & return to your Real Estate Board. (only forms
fully completed with a resume will be considered by Alberta Infrastructure.)

1. Broker/Associate Broker/Agent Candidate:


(complete separate form for each Candidate)

Number of years trading in real estate

Number of years trading in this specialty (industrial/commercial)

Brokerage Name:

Broker’s Name:

Address:

City: Postal Code:

Bus.: ( ) Fax.: ( )

Email:

2. VOLUME OF SALES BUSINESS IN THE PAST THREE YEARS

(Percentage) (Approx. $ Value) (# of Properties)

Industrial %
Commercial %
Investment %
Development Land %
Agricultural Land %
Recreation %
Residential (incl. Acreage) %
3. VOLUME OF LEASING AND SUBLEASING BUSINESS IN THE PAST TWELVE MONTHS

# of Listings Area Leased or Approx. $ Value


Subleased

Retail m2

Office m2

Industrial m2

4. Geographic area of specialization

(city/town, North/South/West/East of city/town, etc.)

5. ADDITIONAL CREDENTIALS/EXPERTISE
(FRI, CCIM, FRAP, belongs to a national marketing network, etc.)

Note: Selected REALTORS will be asked by the Province to provide: 1. Comparative Market
Evaluation (CME) for each of the properties to be sold, and 2. Bi -weekly or monthly activity
reports identifying the number of showings and the number of calls received on each
listing.)
6. CANDIDATE MARKETING EXPERIENCE

On the attached spreadsheet detail the history of your past listings and sales (minimum one year, three years preferable).
Listing/Sale/Dual should be indicated as follows:
Listing: Your listing, sold by another individual
Sale: Your sale of another individual’s listing
Dual: You sold your own listing

Property Type Address City/Town Property Description Listing/Sale/ Date Sale Price
Dual
Industrial 123 Any Street Somewhere 15,000 sq.ft. shop on 2 acres land Dual July, 1999 $450,000

Attach your resume and/or marketing plan and return to:


Calgary Real Estate Board, Attention Jeff Hill or Fax 265-9869
Broker/Agent
Buying on Own Behalf
DISCLOSURE STATEMENT
Date:

Property Address:

Section 18 (3) of the Real Estate Act states:

Before accepting any money in connection with the carrying on of the business of an industry member, an industry
member shall provide to the person on whose behalf the industry member is acting and any other person who is
providing the money, full particulars in writing of:

a) any direct or indirect interest that the industry member or any associate within the meaning of the Securities Act or
any officer, director or manager of the industry member or associate or, where the industry member is a partnership,
any partner in the partnership, has or may acquire in the transaction.

and:

CREB’s Standards of Business Practice, Article 13 states:

A REALTOR shall not present an offer or acquire an interest in property either directly or indirectly for himself, any
member of his or her immediate family or any entity in which the REALTOR has a financial interest, without making
the REALTOR’s position known to the seller in writing. In selling/leasing property owned by the REALTOR, or in
which the REALTOR has an interest, the interest shall be revealed to the Buyer/Tenant in writing.

And therefore, let it be known that:

I, am a registered/licensed real estate Agent/Broker employed with


in the City/Town of ___________________________
in the Province of Alberta.

I am acquiring an interest in the above mentioned property for my personal gain or loss and may resell the property at
any time in the future. I am registered under the Real Estate Act of Alberta, and as such am making this statement for
the purpose of complying with the Act and its provisions.

Witness Signature of Agent/Broker

I have received a copy of this Disclosure Statement and understand it fully.

Witness Signature of Seller

Witness Signature of Seller

June 2002
BUILDER / REALTOR REGISTRATION FORM
DATE ____________________________

Guidelines REALTOR / Client Declaration


The client agrees he/she has not had contact with the Builder or any of the Builder’s representatives within
the past 60 days. The REALTOR and the Client have registered with the Builder’s representative on their
initial visit to the showhome. This registration is valid in the community as named below.

___________________________________ ___________________________________
Client REALTOR

============================================================================

Community/Project Name ________________________________________________________________

REALTOR Name ________________________________________________________________

Company ________________________________________________________________

Business Phone ________________________ Residence Phone _______________________

Client Name ________________________________________________________________

Client Address ________________________________________________________________

Business Phone ________________________ Residence Phone _______________________

New Home Interests ________________________________________________________________

It is acknowledged that a Builder/Developer Purchase Agreement will be required to identify the terms of
the sale between the Buyer and the Builder/Developer. ____ Buyer
____ REALTOR

============================================================================

TO BE COMPLETED BY THE BUILDER’S REPRESENTATIVE

Terms of Registration ________________________________________________________________

________________________________________________________________

Commission ________________________________________________________________

Special Terms
or Conditions ________________________________________________________________

Expiry Date
of Registration ________________________________________________________________

Commission Payout
Schedule ________________________________________________________________
CREB® / CRHBA Form
Builder’s Representative Signature ____________________________________ 03/00

This is a REALTOR LinkTM print-only version. Original form is in triplicate: Builder Copy / REALTOR Copy / Buyer Copy
CONDOMINIUM SELLER’S
PROPERTY DISCLOSURE STATEMENT

Purpose of Statement
This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. Some of the
questions below may require examining the condominium plan or plans before they can be properly answered. This disclosure statement
constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the Buyer.

Date of Disclosure: ____________________________________________________________________________________________________________

Seller’s Name: ________________________________________________________________________________________________________________

Property Address: ____________________________________________________________________________________________________________

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

1. If your unit is a bareland condominium, do you have a real property report that reflects the current
state of improvements on the unit (e.g. the dwelling, fences, decks, sheds, etc.)? Y N ? n/a
If yes, does the report have a stamp of compliance? Date ____________________________________ Y N ? n/a
2. Did you have a property inspection report completed when you purchased this unit? Y N ? n/a
If yes, did it indicate any significant repairs that have not been done? Y N ? n/a
3. To the best of your knowledge, are the exterior walls of your unit above the basement level insulated? Y N ? n/a
4. To the best of your knowledge, are the basement walls of your building insulated? Y N ? n/a
5. To the best of your knowledge, is the ceiling insulated? Y N ? n/a
6. Has the wood stove/fireplace and/or insert been inspected and approved by local authorities? Y N ? n/a
7. Is the security system subject to a payout if the new buyer does not continue the present contract? Y N ? n/a
If yes, how much is the buyout? _________________________________________________________
8. Are all items to be included in the transaction free and clear of all encumbrances? Y N ? n/a
If no, list items _______________________________________________________________________
9. Is any portion of the common property leased to you or another unit owner or any other party? Y N ? n/a
If yes, is it a parking stall? a storage unit? other? ________________________
10. Have any special resolutions been passed by the corporation? Y N ? n/a
11. In what year was the last change in your condominium bylaws registered? _______________________
12. Is the Property subject to a recreational agreement? Y N ? n/a
13. Have you received any notice or claim affecting your unit or the Property from any person or entity? Y N ? n/a
14. Are you aware of any alterations to or on your unit made without a required permit? Y N ? n/a
If yes, was an electrical inspection done? Y N ? n/a
15. Are you aware of any problems with the heating/air conditioning/ventilation system of your unit? Y N ? n/a
16. Are you aware of any problems with the plumbing system of your unit? Y N ? n/a
17. Are you aware of any problems with your unit’s electrical system, panel, switches or receptacles? Y N ? n/a
18. Are you aware of any problems with the jetted tub or hot tub? Y N ? n/a
19. Are there any hidden defects under the floor coverings or in the walls? Y N ? n/a
20. Are you aware of any roof leakage or unrepaired damage? Y N ? n/a
21. Are you aware of any moisture and/or water problems in the unit or any other part of the complex? Y N ? n/a
22. Are you aware of any past or present flooding or drainage problems in or around the unit? Y N ? n/a
23. Are you aware of any problems with any appliances/mechanical items to be included in this transaction? Y N ? n/a
24. Are you aware of any changes made to common areas adjoining your unit that are in contravention of
the registered bylaws of your condominium corporation? Y N ? n/a

© May 2001/September 2002 The Alberta Real Estate Association


-2-

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

25. Are you aware of any special assessments approved or pending for the corporation? Y N ? n/a
26. Are you aware of any unregistered encroachments, easements or rights-of-way? Y N ? n/a
27. Is post tensioned cable used in the structure of any portion of your condominium? Y N ? n/a
28. Are you aware of any structural deficiencies in the complex? Y N ? n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problems? Y N ? n/a
30. Are you aware of any problems with retaining walls cracking or bulging? Y N ? n/a
31. Are you aware of any problems with the common heating/air conditioning/ventilation system? Y N ? n/a
32. Are you aware of any problems with the common plumbing system? Y N ? n/a
33. Other than those stated above, are you aware of any other latent (hidden) defects on the Property? Y N ? n/a
34. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? Y N ? n/a
35. Are you aware if an environmental audit has ever been completed for the complex? Y N ? n/a

Additional Comments and/or Explanations: (Use additional pages if necessary)


___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________

Acknowledgment and Limitation of Statement


The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any important changes
to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day. The Seller acknowledges receipt
of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers.

Seller: _______________________________________________ Seller: _____________________________________________________

The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s brokerage on the
___________ day of __________________________, ___________. The Buyer also acknowledges that this is not a warranty of any kind by the
Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any inspection or warranties the Buyer may wish
to obtain. The prudent Buyer will use this disclosure statement as the starting point for its own inquiries.

Buyer: _______________________________________________ Buyer: _____________________________________________________

The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or guarantee the
above information on the Property.
CORPORATE RELOCATION BUYER/SELLER DISCLOSURE
This Schedule is attached to and forms part of the Purchase Contract # ________________

Section 20(h) of the Rules of Real Estate Act (Alberta) requires that a real estate brokerage cannot pay a commission or other
remuneration directly or indirectly to an unlicensed party for services rendered in connection with a trade or dealing in real estate.

Real Estate Brokerage

Name of Brokerage ______________________________________________________________________________________

Address _______________________________________________________________________________________________
City Province/State Postal/Zip Code

Name of broker, associate broker or agent receiving the referral ___________________________________________________

The Brokerage and its broker, associate broker and agents will not be responsible for any maintenance requirements on vacant
properties.

Upon an early cancellation of any listing agreement, the Brokerage will charge the Relocation Company a fee of $___________.

The Brokerage, its broker, associate broker and agent will work within the requirements of the Real Estate Act (Alberta).

____________________________________________________ ____________________________________________
Referred to Agent/Associate Broker Signature Broker Signature

____________________________________________________
Date

Transferee
Name ________________________________________________________________________________________________

Current Address ________________________________________________________________________________________


City Province/State Postal/Zip Code

Address of Purchase/Sale of Referral _______________________________________________________________________


Legal Description City Province/State Postal/Zip Code

I am the transferee on these documents and I have a clear written understanding of agency as required under the Code of
Conduct of the Real Estate Act (Alberta).

q It is my understanding as a transferee that I am under a non-exclusive (open) brokerage real estate transaction and I,
the transferee, am entitled to choose my agent/associate broker freely, and that the agent/associate broker is not
required to pay any referral fee whatsoever.
OR
q It is my understanding that as a transferee that I am in an exclusive (closed) brokerage, that as a transferee I may
have an agent/associate broker assigned to me by the Relocation Company, and that the agent/associate broker may
have to negotiate a referral fee with the Corporate Relocation Company, providing the agreement does not conflict
with the Real Estate Act (Alberta).

___________________________________________________ ____________________________________________
Transferee Signature Date

Corporate Relocation Company


Name ________________________________________________________________________________________________

Address ______________________________________________________________________________________________
City Province/State Postal/Zip Code

The Corporate Relocation Company is a licensed real estate company in the province/state of __________________________.

Name of the assigned licensed corporate relocation counsellor


who will be handling all aspects in trade for the Transferee. __________________________________________.

The corporate counsellor is licensed with (province/state regulatory body) __________________________________________.

The Relocation Company agrees that it will practice within the requirements of the Real Estate Act (Alberta).

___________________________________________________ ____________________________________________
Relocation Company Agent’s Signature Date

Corporate Client
Company Name ________________________________________________________________________________________

Address _______________________________________________________________________________________________
City Province/State Postal/Zip Code

The Corporate Client understands that it or any other unlicensed entity is not entitled to receive a commission or other
remuneration on the transaction described herein. The Corporate Client has a clear understanding of agency and how agency
affects the various parties to this transaction.

The corporate contract for this particular transferee is in a(n)

q non-exclusive (open) contract OR q exclusive (closed) contract

___________________________________________________ ____________________________________________
Signature of Corporate Client Date
© Draft June 2000
MORTGAGE VERIFICATION FORM
Approved by the Calgary Real Estate Board

Date: Please address replies to:

Mortgage Co.: Name:

Address: Company:

Mortgage No.: Address:


Fax No.:
RE: Name:

Address: Telephone: Fax:

I/We hereby authorize you to provide with the mortgage information listed
below and any other pertinent information they may require.
Would you please return this form to the above address as soon as possible. Thank you.

Owners’ Signature

1. The current mortgage balance of $


2. Does this include accrued interest? How much accrued interest? $
3. Mortgage Payment $ P.I. or P.I.T. (excluding life insurance) per
4. Arrears if any $ Date of last payment
5. If applicable, what is the tax account balance? $
6. Interest rate of mortgage %. Term renewal date
7. Is this an insured mortgage? (i.e. CMHC, GEMICO)
8. What is the remaining amortization of the mortgage?
9. Can the mortgage be paid out?
10. If, so, how much would the payout penalty be?
11. Can the mortgage be paid out and remortgaged with your company?
12. The payout penalty, if any?
13. Can this mortgage be assumed without qualifying?
14. Do you have a copy of the Survey Certification or the Real Property Report?
If yes, please enclose a photocopy for the benefit of your client.
15. Please indicate if there are any other special terms or prepayment privileges of this mortgage.
.

The information above is accurate and has been checked by our Mortgage Department.

Confirmed by: Title:


Date:

Revised June 2002


NEW HOME SCHEDULE
This Schedule is attached to and forms part of the Residential
Real Estate Purchase Contract # ____________________ (the “Purchase Contract”)

Not to be used for the purchase of new condominiums.

This Schedule concerns an agreement for the purchase and sale of a new home (the “Home”), as follows:

Buyer: _______________________________________________________________________________________________________

Builder: ______________________________________________________________________________________________________

Municipal Address of the Home: __________________________________________________________________________________

____________________________________________________________________________________________________________

The following terms apply to the purchase and sale of the Home. If these terms conflict with other terms of the Purchase Contract, the terms in
this Schedule will prevail.

1. Plans and Specifications: The Builder will construct (or complete construction) of the Home using:
q the Builder's standard floor plans, standard specifications (the "Specifications") and standard choice of colours and finishing
materials (the "Selections") for the _____________________________________________________________ model being built;
q the Specifications and the Selections used in the Builder's showhome located at
______________________________________________________________________________________________________;
q the floor plan, Specifications and Selections attached to this Schedule;
q other (please specify) _____________________________________________________________________________________

The Builder will ensure that the Home complies with all applicable building codes.

2. Selections and Extras: The Builder will complete the Home according to one of the following:
q the Selections the Buyer makes based on the Specifications;
q the Selections the Builder has made;
q ______________________________________________________________________________________________________
______________________________________________________________________________________________________

3. Changes: The Builder reserves the right to make minor changes to the Home or make the Selections where the Buyer neglects to do so
within the Builder's schedule. Minor changes are changes that do not detract from the value or significantly alter the appearance of the
Home. If the Buyer requests installation of items that are not included in the price of the Home, the Builder will provide a change order
form describing the item to be installed and the price to be paid for the change. The Buyer must pay for the extras when the change order
is signed.

4. Completion Day: The Builder will use reasonable efforts to ensure the Home is ready for occupancy on the Completion Day. The Builder
cannot guarantee that the Home will be ready on time. Accordingly, if delays occur for reasons which are not within the control of the
Builder, the Builder agrees to complete the Home as soon as practicable and to give the Buyer at least 30 days notice of the revised
Completion Day. Notwithstanding the foregoing, if an occupancy permit is not issued within 60 days of the original Completion Day, the
Buyer may terminate the Contract and receive a refund of all funds paid.

 September 2002 The Alberta Real Estate Association


5. GST: The price of the Home includes net GST payable, being GST less the GST New Housing Rebate (the "GST Rebate"). The Buyer
warrants that the Buyer qualifies for the GST Rebate and will apply for it and assign it to the Builder. If, for whatever reason, the Builder
does not receive the GST Rebate, the Buyer will pay the Builder an amount equal to the GST Rebate that would otherwise have been
received by the Builder in addition to the Purchase Price.

6. Unfinished Work: The Buyer acknowledges that the Home could be ready for occupancy without all work being completed. In that
situation, the Builder's lawyer will keep an amount in trust equal to the Builder's estimated cost of completing the work. These funds will
be released to the Builder as each item is completed.

7. Builders' Lien Holdbacks: If the Buyer enters into this Contract before the drywall stage has been completed, the Buyer will be treated
as an "owner" under the Builders' Lien Act. In this case, the Builder's lawyer will keep an amount in trust equal to the holdbacks required
under the Act.

8. Interest: No interest shall be payable on holdbacks maintained by the Builder's lawyer for unfinished work or Builders' liens.

9. Warranty: The Builder warrants that the Home is covered by the following:

q the Alberta New Home Warranty Program (attach Appendix A)


q the National Home Warranty Program (attach Appendix B)
q the Residential Warranty Company of Canada (attach Appendix C)
q other (please specify) _______________________________________________________
Attach warranty as an appendix.

The Buyer is advised to obtain a copy of the applicable warranty documentation as limitations may apply.

Any disputes arising under the Purchase Contract shall be resolved through the process specified by the applicable warranty program
(if any).

10. Visiting the Home: The Builder reserves the right to restrict access to the site during construction. Any party visiting the Home under
construction does so at its own risk. The Buyer is encouraged to view the Home only when accompanied by the Builder's representative.

11. Completion of Subdivision: On the Completion Day, the subdivision developer may not have completed all of its obligations to the
municipality. Accordingly, title to the Buyer's home may be subject to a development agreement caveat in favour of the municipality.
Although such a caveat will be treated as a permitted encumbrance for closing purposes, this agreement does not transfer the obligation
to complete the subdivision to the Buyer.

_________________________________________________ _________________________________________________________
Date Builder’s Signature

_________________________________________________ _________________________________________________________
Buyer’s Signature Buyer’s Signature

_________________________________________________ _________________________________________________________
Witness Witness

This form was developed with a grant from the Alberta Real Estate Foundation.
NON DISCLOSURE OF BUYER/SELLER’S NAME


M.L.S. # Real Estate Listing Contract #

Real Estate Purchase Contract #


Between:

BUYER/SELLER THE BROKERAGE (the “Brokerage”)

Last Name First Name Brokerage Name

Last Name First Name Broker/Manager/Agent

IN CONSIDERATION of the Calgary Real Estate Board Co-Operative Ltd.’s Rules and Regulations,

I/we hereby acknowledge the written


Broker/Manager/Agent

request from that their said name


Buyer/Seller
not be disclosed on M.L.S. Listing/Purchase information.

I/We request that the Calgary Real


Buyer/Seller
Estate Board Co-Operative Ltd. not disclose our name on M.L.S. Listing/Purchase information.

Buyer/Seller Witness

Buyer/Seller Witness

Broker/Manager/Agent

Dated this day of , .

Buyer/Seller acknowledges receiving a copy of this Agreement


REAL ESTATE LISTING CONTRACT
EXTENSION/AMENDMENT AGREEMENT
MLS# _______________________________________ Real Estate Listing Contract # ____________________________

TO: _________________________________________________________________________________________________________________________
Brokerage Name (the “Brokerage”)
My/Our Property known as:
_____________________________________________________________________________________________________________________________.
Municipal Address
Plan _________________________________________________ Block _____________________ Lot _______________ Subdivision _______________
OR
W. of Range Township Section Part Acres

OR
Condo. Unit No. ________________________________ Plan No. _______________________________ Project Name ___________________________

Current Price $ ______________________________________________ Current Expiry Date ________________________________________________

I/We hereby agree to the following changes with reference to the above listing:
1. Listing Extension:
The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on
____________________________________________________________________________________________________, _________________
2. Price Change:
The asking price for the Property will be changed to $ ______________________________________________________________________
effective as of ________________________________________________________________________________________, ________________.
3. Other Amendments (if any): ___________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________

Dated this _______________________day of ____________________________________________________________________, ___________________.

__________________________________________________________________
Seller
_________________________________________________________ __________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf Seller
of the Brokerage
_____________________________________________________________________________________
Address
Seller acknowledges receiving a copy of this Agreement _____________________________________________________________________________________
September 2002
Calgary Real Estate Board
Jan. 13/04
MEMBER’S SUPRA KEYHOLDER LEASE AGREEMENT

THIS KEYHOLDER LEASE AGREEMENT (“Lease”) is entered into as of _______________20 ___, by and between Calgary Real Estate Board

(“CREB”) and its Member (# __ __ __ __ __ __) herein referred to as (“Keyholder”) __________________________________________________


(please print name)
and covering the following Equipment (together, the “Equipment”):

DisplayKEY (Serial # _________________________________) DisplayKey Cradle (Serial # _________________________________)

KEYHOLDER and CREB agree as follows:

CREB hereby leases to Keyholder, and Keyholder hereby leases from CREB, the Equipment (which may be new or refurbished), under the terms and conditions below and on page 2 (“Other
Terms and Conditions of the Lease”):

1. Term of Use: This Lease shall commence on the date set forth above and have a term (“Term”) until January 31, 2005, unless terminated earlier or extended pursuant to
the provisions of this Lease. The Term shall automatically extend for successive additional one (1) year periods, ending January 31, 2010, unless (i) either party provides a written
notice of non-extension at least sixty (60) days in advance of the then current Term or (ii) this Lease is terminated in accordance with Section 6 below.

2. Equipment Deposit: CREB hereby acknowledges ___ current or ___ previous receipt of the sum of $50.00 from the Member as an Equipment deposit (“Deposit”) to be
held by CREB. In the event of violation of any provision of this Lease, the Deposit shall be forfeited to CREB. The Deposit shall be refunded, without interest, upon return of the
Equipment to CREB prior to any breach of this Lease.

3. Risk of Loss; Return of Equipment:


a. No loss, damage or destruction to the Equipment shall relieve Keyholder of any obligation under this Lease, except to the extent any such loss, damage or destruction is directly
caused by the negligence of CREB. The cost for replacing any Equipment that is lost, damaged or destroyed is forfeiture of the Keyholder’s $50.00 deposit, plus $175.00 for the
DisplayKEY Cradle and $250.00 for the DisplayKEY. Replacements may be refurbished Equipment. If Equipment is lost, damaged or destroyed and not replaced, the cost to Keyholder is
forfeiture of the Keyholder’s $50.00 deposit, plus $175.00 for the DisplayKEY Cradle plus an amount for the DisplayKEY equal to $400.00 if replaced in 2004; $350 in 2005; $300 in 2006;
$250 in 2007, 2008, 2009 or 2010.
b. At the expiration of the Term, Keyholder, at Keyholder’s expense and risk, shall immediately return or cause the return to CREB, all of
the Equipment with all Software and any components included within the Service (as defined on page 2) that have been leased to Keyholder pursuant to this Lease. The Equipment and
components used in connection with the Service shall be returned in good condition, repair and working order, ordinary wear and tear excepted.

4. Security of Equipment: By executing this Lease, Keyholder acknowledges that it is necessary to maintain the security of the Equipment
and the personal identification number of each piece of Equipment, and of personal identification numbers, to prevent the use of the Equipment by unauthorized persons, and Keyholder
agrees to use her or his best efforts to ensure the confidentiality and integrity of all components of the Equipment and its use.

5. Fees and Payments: During the term of this Lease, but excluding any part of the month of January and February, 2004, Keyholder agrees to pay to CREB a monthly fee
(“Systems Fee”) of $20.00 (twenty dollars) plus applicable tax (presently G.S.T.), without setoff for any reason, for the lease and use of the Service both during the original Term and during
renewals through to January 31, 2010, unless the Lease is earlier terminated as permitted in Section 6. Keyholder shall be billed by CREB each month, except for January and February,
2004, and payment is due in accordance with CREB policy for other invoiced charges to Members.

6. Termination:
a. Keyholder may terminate this Lease at any time by returning the Equipment to CREB and paying CREB any amounts owing prior to such termination, including (i) any applicable
damages for the failure to return the Equipment as set forth in Section 3 (a) hereof and (ii) any Systems Fees owing prior to such termination which remain unpaid.
b. Keyholder acknowledges that, in order to make the Service available to Keyholder, CREB and Supra Key Control Limited (“Supra”) entered into a Services and
Administration Agreement (the “Services Agreement”) that provides, among other things, the terms under which Supra will provide the Service to CREB. CREB may terminate this Lease
upon termination of its Services Agreement with Supra, for any reason, including without limitation, default by CREB under the Services Agreement or an upgrade of the Service by CREB.
Upon termination, Keyholder shall be obligated to satisfy the obligations set forth above in Section 5.
c. Any unused portion of any Systems Fee for use of the Service previously paid shall be forfeited by Keyholder and Keyholder shall not
be entitled to a refund.

7. Indemnification: The Keyholder agrees to indemnify, defend and hold harmless CREB and/or Supra, and their respective directors, officers, agents, representatives, employees,
successors and assigns, from and against any and all claims, demands, actions, losses, damages, injuries, obligations, liabilities and costs and expenses of every kind or nature (including
reasonable attorneys’ fees, incurred by CREB and/or Supra as a result of damage or injury to premises or persons arising from the use, by the Keyholder or any other person, of the Equipment.

_______________________________________________ Public ID: _______________________________________


(Keyholder’s Signature)

Brokerage Name:_______________________________ E-mail address:_______________________________________

_______________________________________________ Date: _______________________________________


(for Calgary Real Estate Board)

MEMBER’S SUPRA KEYHOLDER LEASE AGREEMENT


Other Terms and Conditions of the Lease

1. In addition to the Equipment, CREB hereby grants to Keyholder (i) a limited non-exclusive, non-transferable sub-license to use the network, the use of which CREB licenses from Supra,
which is necessary for the use and operation of the Equipment (the “Network”) for the Term (as defined in Section 1 on page 1) and (ii) a limited, non-exclusive, nontransferable license to use
the Software CREB licenses from Supra (the “Software”) for the Term. The Equipment, Software and Network are collectively referred to herein as the “Service.” The Service is more fully
described in the User’s Guide published by Supra, which will be provided to Keyholder and is incorporated herein by reference. Keyholder may have previously purchased keyboxes from
CREB, which are not included in the definition of the Equipment.

2. Keyholder hereby acknowledges and agrees that the Network and Software are and shall at all times remain the property of Supra, and the Equipment remains the property of CREB. All
additions, attachments, replacement parts and repairs to the Equipment, and any Replacements shall become part of the Equipment and shall, without further act, become the property of CREB.
The Software and all applicable rights in patents, copyrights, trade secrets, and trademarks are and shall at all times remain the property of Supra.

3. Keyholder acknowledges and agrees that she or he must comply with the Rules and Regulations relating to the use of the Service which are set forth in the User’s Guide and with the Rules
and Regulations of CREB.

1
4. Keyholder further acknowledges that neither the Service, nor any other Supra product or the Equipment used in connection with the Service, is a security system.

5. Keyholder acknowledges that, in order to make the Service available to Keyholder, Supra and CREB entered into a Services and Administration Agreement with a Start Date of January 26,
2004 (the “Services Agreement”), that provides, among other things, the terms under which Supra will provide the Service to CREB. Keyholder acknowledges that, if the Services Agreement is
terminated for any reason during the Term of this Lease, the Service will no longer be available to Keyholder and this Lease will terminate. Keyholder further acknowledges and agrees that CREB
may elect a different Service or choose to upgrade the Service at any time during the Term of this Lease, which may result in an increase of the Systems Fee (as defined in Section 5 on page 1)
and/or the termination of this Lease. Except as the rights and obligations of Keyholder and CREB under this Lease may be affected as described in the two preceding sentences, the rights and
obligations between Keyholder and CREB with respect to the Service are governed solely by the terms and conditions of this Lease. Keyholder acknowledges that failure of CREB to perform any
of its respective obligations under the Services Agreement may detrimentally affect Keyholder’s use of the Service.

6. In the Services Agreement, Supra has reserved the right to discontinue any item of Equipment used in connection with the Service upon the provision of one (1) year prior written notice to
CREB. If Supra discontinues any item of Equipment, the Equipment leased hereunder shall continue to be completely compatible with and shall function with the Service. If the Equipment
leased hereunder is lost, destroyed or damaged, CREB may replace that Equipment with refurbished Equipment (“Replacement”) which shall be completely compatible with and shall function
with the Service, and shall offer the same level of functionality as the Equipment currently offered.

7. Representation and Covenants by the Keyholder:


a. That neither CREB nor Supra shall be liable for any compensatory, indirect, incidental, consequential, punitive, reliance or special damages, including, without limitation, damages
for lost profits, advantage, savings or revenues of any kind or increased cost of operations, arising out of the use or inability to use the Service for any purpose whatsoever whether or
not Keyholder has been advised of the possibility of such damages.
b. That Keyholder will not (i) use or gain access to the source code for the Software; (ii) alter, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble or prepare
derivative works based upon the Software; or (iii) provide or otherwise make available the Software or any part or copies thereof to any third party.
c. That Keyholder will provide CREB with written notice of any legal proceeding or arbitration in which Keyholder is named as a defendant and that alleges defects in the Equipment or
KeyBoxes within ten (10) days after Keyholder receives written notice of such action.
d. The obligations set forth in this Section shall survive termination of this Lease.

8. Default:
a. Each of the following events shall be an Event of Default by Keyholder under this Lease:
(i) Keyholder’s failure to pay, for any reason, any amount required under this Lease within fifteen (15) days after the date that such payment is due; or
(ii) The commencement of either an involuntary or voluntary action under any bankruptcy, insolvency or other similar; provided, however, that the commencement of
any involuntary case or proceeding will not be an Event of Default under this Lease if such case or proceeding is dismissed within sixty (60) days after it was
commenced.
b. An Event of Default by CREB under this Lease will occur upon the termination for any reason of its Services Agreement with Supra.

9. Rights and Remedies:


a. Upon the occurrence of an Event of Default by Keyholder, CREB may, at its sole option and without limitation or election as to other remedies available under this Lease or at law or
in equity, exercise one or more of the following remedies:
(i) Terminate this Lease and demand the return of any Equipment to CREB;
(ii) Terminate one or both of Keyholder’s sub-licenses to use the Network and to use the Software;
(iii) Direct Supra to deactivate Keyholder’s access to the Service or any component of Service;
(iv) Bill the Keyholder for any outstanding amounts owed under this Lease, including any applicable liquidated damages for the failure to return the Equipment; and/or
(v) Take any and all actions necessary to collect all amounts currently due and owing under this Lease, including any and all costs and expenses of every kind or nature incurred
by CREB in connection with the exercise of its rights and remedies under this Lease.
b. Upon the occurrence of an Event of Default by CREB or termination of this Lease, all of Keyholder’s obligations under this Lease shall terminate, except that Keyholder shall be
required to return the Equipment to CREB and to pay CREB any outstanding amounts owed under this Lease, including any applicable liquidated damages for the failure to return the
Equipment.
c. If CREB deactivates the Service because of a default by Keyholder under this Lease, but does not otherwise terminate this Lease, Keyholder will be entitled to seek to have the
Service reactivated. In order to so, Keyholder shall be required to cure any and all existing defaults, and to pay any and all outstanding amounts owed under this Lease and the
reasonable costs and attorneys’ fees incurred by CREB in connection with collecting under this Lease. After confirmation of the curing of such defaults and the receipt of payment of
such amounts, CREB shall reactivate the Equipment within twenty-four (24) hours of the curing of default and receipt of payment.
d. In the event that CREB institutes any action for the collection of amounts due and payable hereunder, Keyholder shall pay, in addition to the amounts due and payable under this
Lease, all reasonable costs and attorneys fees incurred by CREB in connection with collecting under this Lease. Keyholder expressly waives all rights to possession or use of the
Service or the Equipment or any component thereof after the occurrence of an Event of Default, and waives all claims or losses caused by or related to any repossession or termination
of use.
e. CREB’s failure or delay in exercising any right or remedy under this Lease shall not operate as a waiver thereof or of any subsequent breach or of such right or remedy. Keyholder
understands that CREB’s rights and remedies are cumulative, not exclusive, and no exercise of any remedy shall preclude the exercise of another remedy.

10. Mediation/Arbitration; Litigation:


Any controversy or claim arising out of or relating to this Lease shall be resolved by mediation, or failing successful mediation, then by binding arbitration in accordance with the rules of
the Alberta Arbitration & Mediation Society or such other rules as may be agreed to by the parties. The substantially prevailing party in any arbitration under this Lease shall be entitled to
recover from the other as part of the arbitration award reasonable costs and attorneys fees. Any arbitration award may be enforced by a court of competent jurisdiction in accordance with
applicable Alberta law. In the event that legal action to enforce the arbitration award is necessary, the substantially prevailing party shall be entitled to recover its reasonable costs and
attorneys fees in such action and in any appeals therefrom or reviews thereof.

11. Notices:
All notices hereunder shall be sent by (i) hand-delivery, (ii) facsimile, (iii) certified mail, return receipt requested, postage prepaid, (iv) overnight delivery service, or (v) e-mail, to the
party being noticed at the address on file at CREB for the Brokerage Name set forth in the signature block of this Lease, or for CREB at 300 Manning Road NE, Calgary, Alberta or to
such other address as a party shall subsequently specify to the other party in writing. Notification to the Membership Department of CREB shall suffice for any Member of CREB.
Notices shall be deemed to have been delivered when received; if hand-delivered or sent by facsimile or certified mail, three (3) days after the day deposited in the mail; or one (1) day
after the day deposited with an overnight delivery service.

12. Warranty:
Keyholder acknowledges that the Equipment is warranted by Supra, and not by CREB, against defects in workmanship and/or materials, The Equipment is warranted by Supra against
defects in workmanship and/or materials, to be fit for its intended purpose and to conform in all material respects to its written specifications for the term of the Lease. Supra shall, without
charge, repair or replace such defective or nonconforming component during the warranty period. Keyholder must return any defective system component under warranty to CREB at
Keyholder’s sole cost and expense, and CREB shall provide a workable substitute piece of Equipment during the repair period. This warranty does not extend to any damage caused by
accident, abuse, neglect or misuse of system components. Keyholder agrees to cooperate with CREB and Supra by performing diagnostic tests provided to Keyholder when Keyholder
initially seeks warranty service.

13. General Provisions:


a. This Lease constitutes the entire agreement between CREB and Keyholder relating to the lease of Equipment and use of the Service.
b. Provided that Keyholder has returned to CREB all keys previously leased by CREB to Keyholder, all prior leases between CREB and Keyholder for such keys are hereby
terminated effective as of the parties’ execution of this Lease.
c. This Lease shall be effective and binding upon the parties hereto when fully executed by both parties. This Lease may be executed in a number of counterparts, each of which will be
deemed an original and when taken together shall constitute one agreement.
d. This Lease shall be amended or modified only by a written agreement signed by CREB and Keyholder.
e. Any waiver or consent by any party to any breach by the other, whether express or implied, shall not constitute a consent to or waiver of any other or subsequent breach.
f. All agreements, representations and warranties contained in this Lease shall survive the expiration or other termination of this Lease.
g. If any provision of this Lease is unenforceable, such unenforceability shall not affect the enforceability of the remaining provisions of this Lease.
h. This Lease shall be governed by the laws of the Province of Alberta.
i. This Lease shall be binding upon and inure to the benefit of CREB, and its successors and assigns, and Keyholder and its permitted successors and assigns.

2
URBAN RESIDENTIAL PROPERTY DISCLOSURE STATEMENT

Purpose of Statement
This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. This
disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the
Buyer.

Date of Disclosure: _______________________________________________________________________________________________

Seller’s Name: __________________________________________________________________________________________________

Property Address: ________________________________________________________________________________________________

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

1. Does the Property comply with the current government and municipal guidelines or
constitute a lawful, non-conforming building? Y N ? n/a
2. To the best of your knowledge, are the exterior walls (above grade) insulated? Y N ? n/a
3. To the best of your knowledge, is the ceiling insulated? Y N ? n/a
4. To the best of your knowledge, are the basement walls insulated? Y N ? n/a
5. Is the basement a preserved wood foundation or concrete? ____________________________________
If preserved wood foundation, is an engineer’s certificate available? Y N ? n/a
6. Did you have a home inspection report completed when you purchased the Property? Y N ? n/a
If yes, did it indicate any significant repairs needed that have not been done? Y N ? n/a
7. Do you have a real property report that reflects the current state of improvements to the Property?
(e.g. detached garage, fences, decks, sheds, etc.) Y N ? n/a
Does the real property report have a stamp of compliance? If yes, date __________________________ Y N ? n/a
8. Has the wood stove/fireplace insert been inspected and approved by local authorities? Y N ? n/a
9. Are all items to be included in the transaction free and clear of all encumbrances? Y N ? n/a
If no, list items _______________________________________________________________________
10. Does the Property contain unauthorized accommodation? Y N ? n/a
If yes, alter Listing and Purchase Contracts.
11. Are you aware of any additions or alterations made without a required permit? Y N ? n/a
12. Are you aware of any structural problems with the house and/or improvements? Y N ? n/a
13. To the best of your knowledge, have any improvements ever contained asbestos? Y N ? n/a
14. To the best of your knowledge, have any improvements ever contained urea formaldehyde insulation? Y N ? n/a
15. Are you aware of any unregistered encroachments, easements or rights-of-way on this Property? Y N ? n/a
16. Are you aware of any unregistered encroachments, easements or rights-of-way by your Property
on neighbouring properties? Y N ? n/a
17. Have you received any notice or claim affecting the Property from any person or entity? Y N ? n/a
18. Have you received any insurance settlements where the work has not been done? Y N ? n/a
19. Are you aware of any roof leakage or unrepaired damage? (age of roofing _______ years) Y N ? n/a
Indicate type of roofing: ________________________________________________________________
20. Are you aware of any problems with the heating/air conditioning/ventilation systems? Y N ? n/a
21. Are you aware of any problems with the electrical system, switches or receptacles? Y N ? n/a
22. Are there any extension cords stapled to baseboards or under carpets/rugs? Y N ? n/a
23. Are there any hidden defects under the floor coverings or in the walls? Y N ? n/a
24. Are you aware of any problems with the plumbing system? Y N ? n/a
25. Are you aware of any problems with a jetted tub, hot tub and/or swimming pool? Y N ? n/a

© May 2001/September 2002 The Alberta Real Estate Association


-2-

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

26. Are you aware of problems with any appliances or mechanical items to be included in this transaction? Y N ? n/a
27. Are you aware of any moisture and/or water problems in the house or any other part of the Property? Y N ? n/a
28. Are you aware of any past or present flooding or drainage problems on the Property? Y N ? n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problem? Y N ? n/a
30. Does the Property have any problems with retaining walls cracking or bulging? Y N ? n/a
31. Are you aware of any damage due to weather, fire, water, insects or rodents? Y N ? n/a
32. Other than those stated above, are you aware of any other latent (hidden) defects on the Property? Y N ? n/a
33. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? Y N ? n/a
If yes, has an environmental audit been completed? (if yes, attach copy) Y N ? n/a
34. Are you aware of any fees for usage of parks, lakes, community centres, etc.? (amount $_____________) Y N ? n/a
35. Is this Property of historical significance in the opinion of a government authority? Y N ? n/a
36. Are there any conditional sales contracts or equipment leases? (e.g. water softener, alarm system) Y N ? n/a
If yes, what is the payout? _____________________ Number of months remaining _______________

Additional Comments and/or Explanations: (Use additional pages if necessary)


____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________

Acknowledgement and Limitation of Statement


The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any
important changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day.
The Seller acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers.

Seller: _____________________________________________ Seller: ________________________________________________

The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s
brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not
a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any
inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its
own inquiries.

Buyer: _____________________________________________ Buyer: _______________________________________________

The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or
guarantee the above information on the Property.

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