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Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc. RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

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Page 1: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Page 2: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS
Page 3: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

IMPORTANT NOTE

The documents that follow are samples that may be used in the Administration of a residential real estate transaction

and should be considered as such.

It is realized that the manner in which residential real estate transactions are administered in Saskatchewan is changing as a result of the

Western Law Societies Conveyancing Protocol (also referred to as the Torrens Protocol).

Please keep this in mind when reviewing these documents.

For further information on the Torrens Protocol, please consult The Law Society of Saskatchewan’s website at www.lawsociety.sk.ca

June, 2004

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Page 5: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program i Real Estate – Residential Sales & Mortgages – Buyer’s Documents

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

TABLE OF CONTENTS

1. Letter to Realtor Acknowledging Instructions...........................................................................1 2. Letter to Mortgage Company Acknowledging Instructions ......................................................2 3. Letter to Client Acknowledging Instructions.............................................................................5 4. Buyer Home Buying Information ..............................................................................................6 5. Letter to Seller’s Solicitor........................................................................................................13 6. Residential Contract of Purchase and Sale ..............................................................................15 7. Residential Contract of Purchase and Sale, “Schedule A” ......................................................18 8. Amendment to Contract of Purchase and Sale and/or Notice to Remove Conditions.............19 9. Counter Offer to Contract of Purchase and Sale......................................................................20 10. Property Condition Disclosure Statement................................................................................21 11. Title Print Result ......................................................................................................................24 12. Letter to City Requesting Tax Summary ................................................................................25 13. Tax Summary..........................................................................................................................26 14. Tax Certificate ........................................................................................................................27 15. Surveyor’s Certificate/Real Property Report ..........................................................................28 16. Letter to City Requesting Building Information Abstract ......................................................29 17. Building Information Abstract................................................................................................30 18. Evidence of Fire Insurance .....................................................................................................31 19. Mortgage Loan – Approval of Mortgage Loan.......................................................................32 20. Mortgage Loan – Statements of Disclosure............................................................................33 21. Mortgage Loan – Requisition to Solicitor/Notary for First Mortgage/Hypothec ...................34 22. Mortgage .................................................................................................................................35 23. Direction for Payment.............................................................................................................42 24. Land Registry Packet (includes Land Registry Packet Cover Page, Application for

Interest Registration, Begin Attachment Sheet and Add Executed Mortgage Document Here)......................................................................................................................43

25. Mortgage Loan – Solicitor’s/Notary’s Preliminary Report on Title.......................................48 26. Declaration as to Possession ...................................................................................................40 27. Buyer’s Retainer Agreement...................................................................................................51 28. Buyer’s Statement of Funds Required ....................................................................................54 29. Land Registry Packet (includes Land Registry Packet Cover Page, Application for

Transfer (Single Title), Transfer Authorization (Single Title), Application for Interest Registration, Begin Attachment Sheet and Mortgage Document) .........................................55

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ii Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents

Revised August 2004 Not to be used or reproduced without permission - Saskatchewan Legal Education Society Inc.

30. Letter to Seller’s Solicitor Paying “Cash to Close” ................................................................63 31. Letter to Mortgage Company Requisitioning Mortgage Proceeds .........................................65 32. Letter to Seller’s Solicitor Paying Balance to Complete the Transaction ..............................67 33. Interim Reporting Letter to Client ..........................................................................................68 34. Statement of Receipts and Disbursements..............................................................................70 35. Statement of Account..............................................................................................................71 36. Final Report to Client..............................................................................................................72 37. Final Report to Mortgage Company .......................................................................................73

Page 7: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 1 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Realtor Acknowledging Instructions

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office

Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

May 1, YR0 Royal LePage Realty 1234, 8th Street East Saskatoon, Saskatchewan S7K 2X4 Attention: Lou Worf Dear Mr. Worf: Re: Civic: 154 Wardoff Crescent, Saskatoon Seller: Connie and Doug Nixon Buyer: John and Jane Smith File: S2020 I acknowledge receipt of your instructions for the above noted transaction. Thank you for referring the buyer to my attention. I am contacting the solicitor for the seller, requesting that the title authorization be prepared, signed and forwarded to our office. Upon receipt, I will be contacting the buyer, discussing the Statement of Adjustments, collecting the balance to close and attending to registration. In the meantime, if you should have any questions concerning this transaction, please contact me. Yours truly,

Ken Byer

Page 8: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

2 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Mortgage Company Acknowledging Instructions

Revised August 2001 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

May 8, YR0 Scotia Mortgage Corporation c/o The Bank of Nova Scotia Wildwood Branch Saskatoon, Saskatchewan S7J 2H9 Attention: Ms. Landell Mortgage Officer Dear Ms. Landell: Re: John Smith and Jane Smith Purchase of 154 Wardoff Crescent, Saskatoon Purchase price - $81,000.00 Mortgage Reference Number 123456-0 This will acknowledge receipt of your instructions to prepare a Mortgage and related Security on the above property. With respect to your instructions, there will be certain limitations and qualifications on the opinion that I can give you. The reasons for such limitations and qualifications are as follows: 1. PROPERTY TAX

In order to be in a position to advise you as to the status of Real Property Taxes, I rely on Tax Certificates supplied by the Municipality in which the subject property is located. Municipalities have the ability to add supplemental tax levies to the tax roll after the date of any Tax Certificate. In addition, certain rates and charges may be added to the tax rollafter the date of the Tax Certificate by applicable Saskatchewan legislation. Accordingly, although, I will provide you with a Tax Certificate from the Municipality, I will only certify to you the status of the tax account as of the date of the Tax Certificate.

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Saskatchewan: Bar Admission Program 3 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Realtor Acknowledging Instructions

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

2. ZONING BYLAWS

In order to be in a position to advise you that the subject property complies with various Municipal Bylaws, I am required to rely upon a Building Information Abstract supplied by the Municipality. Certain Municipalities qualify their Building Information Abstracts by stating that the Abstract does not certify or imply that the building complies with Municipal Building and Zoning Bylaws and applicable Saskatchewan legislation. According, in lieu of giving an opinion to you on Zoning Bylaws, I will provide you with a Building Information Abstract based on the most current survey that is made available to us. I will draw your attention to any irregularities that may be disclosed in the Building Information Abstract.

3. FIRE INSURANCE I will obtain confirmation that Fire Insurance is in effect in the amount required in your instructions and that loss, if any, is payable to you as first Lender. I will also verify the name of the issuer, the policy number and the commencement and expiry date of the Insurance Policy. This information is provided to me by the insurance agent by way of cover note or written memorandum. In most circumstances you will receive a copy of the Insurance Policy directly from the insurer or its agent. As I do not usually receive a copy of the Insurance Policy, my opinion concerning Fire Insurance Coverage is based solely on the information provided by the Borrower’s insurance agent and does not include a review of the Insurance Policy.

4. STATUS OF TITLE I will provide you with a Title Print Result for subject property and will certify to you that your Mortgage is or will be a first charge against the subject property subject to any easements or encumbrances registered against that Title that, in my opinion, do not adversely affect your security. Title to the subject property will, however, by implication be subject to those reservations, exceptions, qualifications or implied conditions specified in the Land Titles Act, 2000, Saskatchewan, and any and all unregistered liens, charges, adverse claims, security interests, and other encumbrances of any nature (the “Unregistered Encumbrances”) now or later claimed or held by Her Majesty The Queen in Right of Canada or Saskatchewan, or Authority under any applicable legislation, statute or regulation. As the Unregistered Encumbrances are not registered on title, I am unable to give you an opinion on them and my opinion to you is qualified accordingly.

5. ENFORCEABILITY OF YOUR MORTGAGE The enforceability of your Mortgage is subject to Statutes affecting the rights and remedies of creditors, and the availability of any remedies to either the Borrower or the Lender may be subject to the discretion of the Court before which any proceedings may be brought.

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4 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Mortgage Company Acknowledging Instructions

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

6. CONFLICT OF INTEREST In certain circumstances, I may be acting for the Mortgagor on the acquisition of the subject property and for you in the preparation of your Mortgage and related security documents. Should a conflict of interest arise between you and the Mortgagor, I will be precluded from acting either on your behalf or on behalf of the Mortgagor and will notify you accordingly.

7. VALUATION I offer no opinion as to the value of the property or the credit worthiness of the Borrower.

If you have any concerns about the matters raised in this correspondence, please contact me immediately. Otherwise, I will be proceeding with preparing and reporting on your Mortgage on the assumption that the limitations and qualifications as referenced aforementioned are acceptable to you. Yours truly,

Ken Byer

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Saskatchewan: Bar Admission Program 5 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Client Acknowledging Instructions

Revised August 2001 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

May 1, Yr 0 John and Jane Smith Apt. #432, Brown Lane Saskatoon, Saskatchewan S7K 2X4 Dear Mr. and Ms. Smith: Re: Purchase of 154 Wardoff Crescent, Saskatoon

I wish to acknowledge that I received confirmation and instructions regarding the purchase of your property. Thank you for referring this matter to me. I note from the Offer to Purchase that the possession date is June 1, YR0. I will contact you in advance of this date to obtain further information from you and to discuss all necessary arrangements and documentation in order to effect a smooth transaction. In the meantime, I will be attending to all preliminary matters on your behalf. I am also enclosing a copy of the Buyer Home Buying Information that I would ask you to review thoroughly as soon as possible. If you have any questions or comments, however, please feel free to call me at any time. Yours truly,

Ken Byer pc.: Lou Worf Royal LePage Realty

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6 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

BUYER HOME BUYING INFORMATION CIVIC: 154 Wardoff Crescent, Saskatoon Saskatchewan POSSESSION DATE June 1, YR0 OUR FILE S2020

1. Manner of Ownership Of Title Please telephone our office to confirm the proper spelling of your names and whether you wish to be described on your title as joint tenants, tenants in common or in a single name.

2. Utilities

A. If you are purchasing a property located in Saskatoon, please make arrangements with The City of Saskatoon, SaskPower/SaskEnergy and SaskTel to have all meters read and telephones transferred into your name effective on possession date.

B. If you are purchasing a property located in a Town or located on an Acreage,

please make arrangements with Local Municipality, SaskPower/SaskEnergy and SaskTel to have all meters read and telephones transferred into your name effective on possession date.

C. The Statement of Adjustments for this transaction will not include adjustments for

telephone, gas, water or electricity. It is the responsibility of the Seller and the Buyer to have final readings taken on possession date and to adjust and settle these matters directly between themselves.

3. Taxes on Properties Located in Saskatoon If the current year’s taxes are known, the tax adjustment will be based on the actual taxes for the current year. If the current year’s taxes are not known, the tax adjustment will be based on the previous year’s taxes.

See the attached information from the City of Saskatoon concerning Tax Notices and Paying by Installment. Please advise if you will be Public School or Separate School supporters as we require this information in order to prepare and forward to the City a Notification of Change of Ownership form.

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Saskatchewan: Bar Admission Program 7 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

4. Taxes on Properties Located in Towns or on Acreages

If the current year’s taxes are known, the tax adjustment will be based on the actual taxes for the current year. If the current year’s taxes are not known, the tax adjustment will be based on the previous year’s taxes.

5. Fire Insurance Particulars Fire insurance coverage must be placed on your new home and be effective as of possession date. (May we suggest that such insurance should take effect by noon on the day prior to the possession date just in case early possession can be granted.) Please verify that prior to possession, your fire insurance agent has forwarded to our office either a letter of confirmation or a certified copy of your fire insurance policy. The following are the particulars that must be in your fire insurance policy:

1. Civic address: See Civic Description Stated Above

2. Legal description: See Land Registry Search Attached

3. Amount of coverage:

a) Full replacement value

b) A minimum of $53,000

4. Loss payable: Scotia Mortgage Corporation

5. Mortgage Endorsement Clause: Policy must be subject to the Mortgage Corporation’s specific mortgage clause.

If you are purchasing a condominium, forward a copy of the Estoppel Certificate and Fire Insurance Certificate to our office as soon as possible.

6. Survey Requirements Most mortgage companies will require prior to the advancement of mortgage funds a Survey Certificate/Real Property Report on their file. We strongly recommend that you should consider the obtaining of a current Survey Certificate/Real Property Report for your new property showing the current exact dimensions of the property and the location of all improvements. The following are the survey requirements as it affects your purchase: ___ Survey is required by your Lender ___ Survey not required by your Lender ___ Seller is to supply survey ___ Survey is obtainable from Seller’s Lender ___ Affidavit updating current survey is required

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8 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

7. Building Information Abstract Most mortgage corporations will require, prior to their advancement of mortgage funds, a Building Information Abstract certifying that the building conforms to all municipal, zoning and building requirements. In certain circumstances, a Mortgage Corporation could refuse to advance mortgage funds if there are violations of the municipal requirements. If you are assuming an existing Mortgage or paying cash, you may with to satisfy yourself as to zoning compliance and approved occupancy by obtaining a Building Information Abstract for the City of Saskatoon, Building Department.

8. Statement of Adjustments The Statement of Adjustments for this transaction will be prepared from information provided by provincial and municipal government offices, realtors, mortgage companies and others and although believed to be correct, its accuracy cannot be guaranteed and if the figures are in error further adjustments will be required between the Seller and the Buyer. Accordingly, the Statement when prepared should be read carefully to verify its accuracy. Errors and Omissions are excepted.

9. Items to Consider Prior to Possession

A. Change all locks.

B. We have not checked the zoning of the property (unless required by your Lender), or for violations of health, fire, building or municipal or provincial bylaws or ordinances. If you are concerned about any of these matters, you should check with the appropriate municipal or provincial authorities.

C. Will your property be subject to any underground easements which may restrict

building?

10. Costs To Be Borne By You As The Buyer

A. Legal Fees, which includes searching and investigating title, preparing documents including Mortgage and Order For Payment,(if a new mortgage is being obtained by you), obtaining assumption statement from Lender if the existing mortgage is being assumed by you, obtaining transfer authorization and Certificate of Exempt Property as required by the Excise Tax Act, preparing Statement of Adjustments; attending with you to review all documents and collecting the balance of funds to close.

B. Survey Certificate/Real Property Report, if required.

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Saskatchewan: Bar Admission Program 9 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

C. Building Information Abstract, if required by your Lender. The Municipality will

only issue a Building Information Abstract upon their receiving an acceptable Survey Certificate/Real Property Report. Therefore, it is important to supply our office with a copy of the Survey Certificate/Real Property Report as soon as possible in order that mortgage funds can be advanced by your Lender without delay.

D. Cost of the Mortgage, including appraisal costs, accrued interest, mortgage

insurance and tax holdback. E. Fire insurance premium.

F. Utility hook-ups.

G. Interest to Seller if agreed to be paid by you. H. Tax Adjustments. I. Applicable Goods and Services Tax. J. Land Registry costs to register Transfer Authorization, Mortgage and

Miscellaneous Interest.

K. All disbursements, such as a.. postage, b. photocopying, c. office supplies, d. courier charges, and e. long distance telephone/fax charges.

11. Mortgage Life Insurance Have you considered purchasing mortgage life insurance? This type of insurance will pay off the mortgage in the event of the death of the policyholder. Remember that mortgage life insurance is not the same as CMHC mortgage loan insurance. Most mortgage companies will offer this option to you and for maximum protection, all Borrowers should be covered.

12. Inspection Of Home On Closing Date Your Real Estate Agent will obtain all the available keys for the property on possession date. You should do an inspection of the property with your agent to ascertain if it is in the same condition as it was on the date you signed your offer. If there is damage or if some items which were to remain with the property are missing, your agent will make a list of these defects and forward it on to us. If satisfactory arrangements cannot be made to have missing items returned or damage repaired, the only remedy available to you as a Buyer is to commence court action against the Seller for compensation. There can be no hold back from your purchase funds to cover damages or missing articles.

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10 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

13. If You Are Obtaining a Mortgage: Items to Consider

A. An Open Mortgage allows you to repay all or part of the total amount of your mortgage at any time without penalty.

B. A Closed Mortgage usually has the lowest interest rate but lacks the flexible

features of other mortgage options. Prepayment options are available but are subject to conditions.

C. A Portable Mortgage provides flexibility if you should move. You can take this

mortgage to your new property without paying a mortgage penalty for early payment.

D. A Conventional Mortgage allows you to borrow up to 75% of the purchase price

or the value of the property, whichever is less. In order to have a Convention Mortgage, you must pay 25% of the purchase price as a down payment.

E. An Insured or High Ratio Mortgage allows you to borrow up to 90% (95% for

qualifying first time home buyers) of the purchase price or the value of the property, whichever is less. The down payment can be as low as 10% (5% for qualifying first time home buyers).

F. The down payment moneys and cash required to close your purchase must come

from your own resources and cannot be borrowed. In certain circumstances, the down payment moneys can be paid to you by way of a gift, as long as your lending institution is fully aware of this and a proper gift letter is prepared and presented to your mortgage lender for their approval.

G. The Amortization is the period of time required to reduce your mortgage debt to

zero when payments are made regularly. H. The Term of your mortgage is the length of time when you will be paying a

specific interest rate on your mortgage loan. You may not have paid off your entire mortgage principal at the end of the term because your amortization period will likely be longer then the term.

I. An Easement is a right acquired for access to or over, another person’s lands for

a specific purpose. A typical example is an utility easement which allows the utility company access to your property for the purpose set out in the agreement. You may with to obtain a copy of the easement agreement, if one is registered against your property.

J. Mortgage Companies may retain moneys from your mortgage funds to cover

future taxes, accrued interest or repairs which may be necessary. If there will be hold backs, then these will be specified in your mortgage commitment letter. Make sure that you know what deductions your mortgage company will make upon advancing mortgage funds.

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Saskatchewan: Bar Admission Program 11 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

K. Does your mortgage contact allow for any prepayment options? The more money

you can repay to your Lender the less interest you will pay. Know what your prepayment options are and if you are financially able to take advance of these options, do so. Remember that on a renewal of your mortgage contract the prepayment options contained in your mortgage contract will not apply unless specifically referred to in your mortgage renewal agreement.

14. If You Are Assuming a Mortgage: Items to Consider

A. Must you qualify to assume the mortgage? B. Is the mortgage in a current position? C. When will you start making mortgage payments? D. Will you also be assuming a Mortgage Tax Account?

E. What prepayment options are contained in the mortgage contract? Check if these

options are contained in the mortgage or in a separate agreement.

F. Is the mortgage which you are assuming an open or a closed mortgage? G. Does the mortgage which you are assuming contain a portable option? H. Does your mortgage contract allow you to make mortgage payments more

frequently than once a month?

15. If You Are Purchasing a Condominium: Items to Consider

A. Make sure you have reviewed and understand the General Bylaws for the condominium corporation, together with the rules and regulations which apply to all owners and tenants of the condominium. The Rules and Regulations will be attached to the Bylaws. These Rules and Regulations restrict what you can do in your unit.

B. Do the monthly condo fees include or exclude utility charges? C. The title that you are purchasing consists of the area from wall to wall, and from

ceiling to the floor. Everything else is common elements. It is important to know what you own and what, is common property especially where the issue of repairs is concerned.

D. What parts of the common property do you have an exclusive right to use? This

may include the backyard, the front yard, a storage locker and the parking stall. Is your parking and/or storage facilities a leasehold interest, an exclusive interest, an allocated interest or is it part of your condo title?

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12 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

E. Are there any Rules or Regulations which have a serious affect on you and your

enjoyment of your condo? Pet Clauses are the usual restriction which may concern you.

F. Remember that under the bylaws of the condominium association, you may be

required to spend money on an expenditure which you oppose, such as upgrading the recreational facilities.

G. Does the condominium association retain a key to your premises in order to have

access in an emergency situation? Can you change the locks to your unit without first having the permission of the condo association?

H. How easy is it to change a clause contained in the Bylaws? How can change be

made to the Rules and Regulations? I. Know who are the directors of the Condominium Association, and attend the

meetings. If there is something that you want changed or a rule or regulation that you wish to abolish, attend the meetings. You may wish to be elected to the Board of Directors.

J. Prior to selling your unit, must you give a notice to the Condominium

Association? Must a notice be given if you intend to lease the unit? K. Although insurance is arranged by the Condominium Association, this master

policy does not protect you and what happens within the space of your unit. We strongly suggest that you speak to your insurance agent and arrange insurance which will cover your unit. Your agent should be able to suggest a condo unit package which is suitable for your needs as a condo owner. Make sure that all improvements within your unit are covered, that you have adequate liability insurance. You may also wish to have inserted in your policy protection in the case the condominium corporations insurance coverage is insufficient in the case of damage to the common property. Remember that as a member of the condo complex, you as an owner would be required to make up the shortfall by way of a special assessment. Check with your insurance agent as to Loss Assessment Coverage.

L. If you are obtaining a mortgage on your condo unit, what special clauses does

your mortgagee require to be inserted into the mortgage document?

16. If You Are Purchasing an Acreage: Items to Consider

A. Have you checked the septic tank? Does the Seller have any maintenance records for the system? When was the last time the tank was cleaned out?

B. Have you checked the condition of the septic tank and the drainage system to

ensure that both function properly and are not undersized?

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Saskatchewan: Bar Admission Program 13 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer Home Buying Information

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

C. Is your offer subject to the septic tank being inspected by the Public Health

Inspector? Do you wish to obtain a certificate from the Health Department stating that the system is in accordance with provincial and municipal standards? There should be no outstanding work orders, deficiency notices or complaints on file with either the Saskatchewan Department of Environment and Public Safety or Saskatchewan Rural Health Department. You may also require a certificate of approval or use permit issued for the construction, enlargement or alteration of the sewage disposal system be delivered to you by the Seller.

D. You should have the pumping rate tested. Also, ask the Seller to supply you with

any records or reports concerning when the well was dug, its location on the property, the method of drilling and the bedrock materials encountered, casing and open hold information, details of the plugging and sealing, plus data on the rate of water flow from the well.

E. Is the water safe for drinking? You should take a sample of the water from the

well for testing to see if it is safe for drinking. If the water is not safe for drinking, you may be required to install a chlorination system to continuously treat the water.

If you have any questions concerning your purchase, please contact me immediately.

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14 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Seller’s Solicitor

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

May 6, YR0 Sydney Seller Seller and Associates P.O. Box 123 Saskatoon, Saskatchewan S7B 1P6 Re: Civic: 154 Wardoff Crescent, Saskatoon, Saskatchewan Seller: Connie and Doug Nixon Buyer: John and Jane Smith Our File: S2020 I am the solicitor for the buyers on the above noted real estate transaction and I understand that you represent the sellers. My clients wish to be shown on the Transfer Authorization as follows:

JOHN SMITH and JANE SMITH. I would also ask that you provide me with a copy of the Survey’s Certificate/Real Property Report, which is included in the Offer to Purchase, as soon as possible. I look forward to receiving the Transfer Authorization, your Statement of Adjustments, a GST Exemption Certificate, Seller’s Declaration as to Possession and Surveyor’s Certificate/Real Property Report on the appropriate trust conditions in due course. Yours truly,

Ken Byer

Page 21: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 15 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Residential Contract of Purchase and Sale

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

Saskatchewan Real Estate Commission RESIDENTIAL CONTRACT OF PURCHASE AND SALE

Provided by the Saskatchewan Real Estate Association, Revised 2003

_____________________________________________________________________________ Bus: (Name of Buyer's Brokerage) (Address) (Salesperson) (Telephone)

Bus: I/We _________________________________________________________________________ Res:

(Names of Buyers: herein called Buyer) (Address) (Postal Code) (Telephone) HEREBY OFFER TO PURCHASE from Bus: _____________________________________________________________________________ Res: (Names of Sellers: herein called Seller) (Address) (Postal Code) (Telephone) through ______________________________________________________________________ Bus:

(Name of Seller's Brokerage) (Address) (Salesperson) (Telephone) the following described property: ______________________________________________________________________________ __________________________________________________________________________________________________________ (Legal description or description of mobile home on leased land) City or having the following Civic Address: _________________________________________________ RM

1. THE TRANSACTION 1.1 The Buyer offers to purchase the property from the Seller subject to the reservations and exceptions appearing in the existing Certificate of Title

and free and clear of all encumbrances as contemplated in Section 4.6 save and except such encumbrances as are expressly agreed to be assumed by the Buyer, for the SUM (Purchase Price) of: __________________________________________________________ dollars:

1.2. (a) $____________ Purchase Price to be paid as follows. (b) $____________ Deposit by cheque � , cash �, receipt of which by the Buyer’s Brokerage is hereby acknowledged and to

be deposited within two business days of acceptance, to be held in trust, pending completion or other termination of this contract and to be credited on account of purchase money.

(c) $____________ by new mortgage (plus mortgage insurance fee, if required) to be arranged at the Buyer's expense. (d) $____________ (approx.) by assumption of the existing mortgage or agreement for sale. (e) $____________ by other financing or other conditions. (f) $____________ (approx.) balance of cash, to be paid subject to the adjustments herein provided to the Seller or the

Seller’s solicitor on or before the Completion Day. In closing this transaction, the Seller’s solicitor and the Buyer’s solicitor may by agreement between them, impose and undertake trust conditions upon each other.

Buyer acknowledges that taxes, tax credits, payments and mortgage interest rate may be subject to revision.

2. CONDITIONS 2.1 This offer is subject to the following conditions: (a) The Buyer obtaining approval of a mortgage on the above property in the amount as set forth in paragraph 1.2(c) on/before

the day of __________________________, 20__.

(b) __________________________________________________________________________________________________

__________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 22: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

16 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Residential Contract of Purchase and Sale

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

3. ADDITIONAL TERMS 3.1 For Condominiums, the attached Schedule C forms part of

this contract. 3.2 Additional terms � are � are not set out in a schedule to

this contract. 3.3 Unless otherwise stated herein, if the mineral title for

mineral commodities are owned by the Seller, the title(s) is included in the Purchase Price.

4. CLOSING

4.1 The Buyer agrees to pay to the Seller interest at the Bank of Canada Overnight Rate Target at the Completion Day plus 4% per annum, on any portion of the Purchase Price, less mortgages or other encumbrances assumed, not received by the Seller, his/her solicitor or his/her Brokerage as at the Completion Day, the interest to be calculated from the Completion Day, until monies are received by the Seller orhis/her solicitor. The Seller shall have a lien and charge against the property for the unpaid portion of the Purchase Price (with interest as aforementioned).

4.2 The Seller shall pay all costs of discharging any existing mortgage or other encumbrances against the property, not assumed by the Buyer.

4.3 Unless otherwise agreed to in writing, this contract will be completed, the Purchase Price will be fully paid and vacant possession will be delivered by noon on the __________ day of _____________, 20______ (the “Completion Day”). If the Completion Day is not a business day, then conveyancing matters and payment of the Purchase Price will be completed by 12:00 noon on the preceding business day.

4.4 ADJUSTMENTS re: taxes, rents, insurance, utilities, condominium fees, expenses and other income and outgoing, to be made as at Completion Day. All adjustable items are the Buyer’s responsibility for the entire Completion Day.

4.5 If the property is rented and the Buyer is not assuming the tenancy, then the Seller is responsible for all costs related to ending the tenancy and to giving vacant possession to the Buyer.

4.6 Unless otherwise agreed to in writing, the Seller shall transfer title to the property to the Buyer free and clear of all encumbrances except:

(a) those implied by law; (b) non-financial obligations now on the title, such as

easements, utility right-of-way, covenants and conditions that are normally found registered against property of this nature and which do not affect the saleability of the property;

(c) homeowner association caveats, encumbrances and similar registrations; and

(d) those items the Buyer agreed to assume in this contract. Upon transfer of title to the property into the name of the Buyer, subject only to the aforementioned encumbrances, the Seller may use the proceeds of the sale from the Buyer to discharge the encumbrances not assumed by the Buyer.

4.7 The Seller agrees to prepare and execute promptly any documents required to complete this transaction. The Seller shall pay for the preparation of the Transfer Authorization and all fees in connection with the discharge of any Seller’s caveat based on this contract and any encumbrances required to be removed by the Seller.

4.8 The Buyer agrees to prepare and execute promptly any documents required to complete this transaction. The Buyer shall pay for the registration costs to transfer the title into the Buyer’s name. The costs related to any mortgage or other financing of the Purchase Price, other than an Agreement for Sale, shall be paid by the Buyer. Costs of any Agreement for Sale shall be borne equally by the Buyer and Seller.

4.9 The Buyer and Seller agree that time shall be of the essence of this contract.

4.10 Each party shall pay their own legal fees. 4.11 For the purpose of giving or receiving any notice referred to in

this contract and for acceptance of this offer to purchase or any counter offer thereto, such notice or acceptance must be in writing and delivered. Any notice or acceptance to be given by any party to the other shall be deemed to be duly given when delivered by hand to such party or when such notice or acceptance is sent by facsimile to such party and receipt thereof is confirmed. Where a Buyer’s brokerage or a Seller’s brokerage is listed for the Buyer or the Seller, as the case may be, such notice or acceptance shall be delivered to the Buyer’s brokerage or the Seller’s brokerage and is deemed to be delivered to a party when given in the manner set forth herein to the brokerage representing the party.

5. INSURANCE

5.1 Unless otherwise stated herein: (a) The risk of loss or damage to the property shall lie with the

Seller until the earlier of the Completion Day or the date possession is granted to the Buyer.

(b) The Buyer shall obtain insurance coverage on the property upon the earlier of the Completion Day or the date possession is granted to the Buyer.

5.2 If loss or damage to the property occurs before the Seller is paid the Purchase Price, then any insurance proceeds shall be held in trust for the Buyer and the Seller according to their interests in the property.

5.3 If the property, prior to the Completion Date, suffers substantial damage that is not repaired to substantially the same condition the property was in prior to the damage occurring, unless otherwise agreed to by the Buyer and the Seller, this contract shall be terminated and the deposit shall be forthwith returned to the Buyer.

6. WARRANTIES AND REPRESENTATIONS 6.1 Unless otherwise stated herein, the Seller represents and warrants

to the Buyer that: (a) the Seller has the legal right to sell the property; (b) the Seller is not a non-resident of Canada for the purposes of

the Income Tax Act (Canada); (c) the current use of the land complies with the existing

municipal land use bylaw; (d) the buildings and other improvements on the land are not

placed partly or wholly on any easement or utility right-of-way and are entirely on the land and do not encroach on neighbouring lands; except where an encroachment agreement is in place;

(e) the location of the buildings and other improvements on the land complies with all relevant municipal bylaws, regulations or relaxations granted by the appropriate municipality prior to the Completion Day or the buildings and other improvements on the land are “non-conforming buildings” as the term is defined in The Planning and Development Act, 1983; and

(f) the attached and unattached goods included herein, are owned by the Seller and conveyed to the Buyer under this contract and are in normal working order and are free and clear of all encumbrances and shall be and remain as is at the date of acceptance of this contract until completion date. The Purchase Price shall include land, buildings and attached goods, unless otherwise stated herein, and including the following unattached goods:

____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________

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Saskatchewan: Bar Admission Program 17 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Residential Contract of Purchase and Sale

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

In addition, the Purchase Price shall also include the items as indicated below: water heater included �, not included �;water softener included �, not included �;sump pump included �, not included �;alarm system included �, not included �;storage shed included �, not included �;garage door opener control(s) included �, not included �;attachments for built-in vacuum included �, not included �;power nozzle for built-in vacuum included �, not included �.

6.2 All of the warranties contained in this contract and any attached schedules are made as of and will be true at the Completion Day, unless otherwise agreed to in writing.

6.3 The Seller and the Buyer acknowledge that, except as otherwise described in this contract, there are no other warranties, representations or 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 transaction, including any warranty, representation or collateral agreement relating to the size/measurements of the land and buildings or the existence of any environmental condition or problem and the Buyer hereby agrees to purchase the above described property as it stands at the price and terms and subject to the conditions above set forth.

6.4 The Seller and Buyer agree that the representations, warranties and covenants contained in this contract shall not merge with and shall survive the closing of the purchase and sale and the transfer of title to the property into the name of the Buyer and shall be enforceable by the Buyer after such transfer.

7. REMEDIES/DISPUTES 7.1 If this offer is not accepted, the entire deposit and any other

monies paid, without interest, shall forthwith be returned to the Buyer. If this offer is accepted and the conditions in this offer have not been satisfied or waived in writing, the entire deposit and any other monies paid shall be forthwith returned to the Buyer.

7.2 If this offer is accepted and the Buyer fails to execute any required conveyance or formal documents when prepared, or fails to pay any required cash payment or comply with any of the terms in this contract, this contract shall be void at the Seller’s option. When the defaulting party is the Buyer and upon the conditions of the offer being satisfied or waived in writing, the Buyer agrees that the Seller shall be entitled to retain the deposit, as the Seller’s own property.

8. OFFER 8.1 Unless revoked sooner, this offer is open to acceptance by the Seller up to __________ a.m./p.m. the ________________day of

________________________, 20 ______. 8.2 Upon acceptance of this offer within the time prescribed in Section 8.1, this contract shall constitute a binding Contract of Purchase and Sale and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. SIGNED AND SEALED by the Buyer at _______ a.m./p.m. on the ____________ day of _________________________________, 20____ in the presence of: WITNESS BUYER ______________________________

WITNESS BUYER ______________________________

9. ACCEPTANCE 9.1 The Seller accepts the above offer together with all its terms and conditions contained therein and covenant to carry out the salterms and conditions mentioned herein. I do further acknowledge my obligation to pay commissions and all applicable federal and prtaxes to the Seller’s Brokerage pursuant to the listing agreement with respect to the property. I/WE FURTHER HEIRREVOCABLY AND UNCONDITIONALLY DIRECT AND AUTHORIZE MY/OUR SOLICITOR, as indicated by me/us bany other solicitor acting on my/our behalf in this sale, to pay the aforesaid taxes and commission, less the deposit hereby accepted, fproceeds of the sale when releasable and this shall be and constitute my/our full and sufficient authority for so doing and appoSeller’s brokerage as the Seller’s irrevocable agent to demand and receive payment thereof. SIGNED AND SEALED by the Seller at ________ a.m./p.m. on the ________ day of ___________________________________, 2in the presence of: WITNESS BUYER _______________________________________

WITNESS BUYER _______________________________________

BUYER'S SOLICITOR SELLER'S SOLICITOR __________________________

SREA Form #100 -

Seal

Seal

e on the ovincial REBY

elow, or rom the ints the

0____

Seal

Seal

____ 12/03

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18 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Residential Contract of Purchase and Sale, Schedule “A”

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

NOTE: IF ADDITIONAL COPIES ARE REQUIRED, USE ORIGINAL FORM TO MAKE CLEAR COPIES.

Saskatchewan Real Estate Commission

SCHEDULE “A”

Developed & Provided by the Saskatchewan Real Estate Association This is SCHEDULE “A” annexed to and forming part of that certain Residential Offer to Purchase/Listing Agreement (circle one), dated , between - as Vendor / Purchaser (circle one), and as Vendor / Purchaser /Real Estate Company (circle one).

Witness Vendor’s Signature

Witness Vendor’s Signature

Witness Purchaser’s Signature

Witness Purchaser’s Signature

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Saskatchewan: Bar Admission Program 19 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Amendment to Contract of Purchase and Sale and/or Notice to Remove Conditions

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

Saskatchewan Real Estate Commission AMENDMENT TO CONTRACT OF PURCHASE AND SALE AND/OR

NOTICE TO REMOVE CONDITIONS Developed & Provided by the Saskatchewan Real Estate Association

ATTACHED TO AND FORMS PART OF THE CONTRACT OF PURCHASE AND SALE

BETWEEN BUYER AND

SELLER DATED:

(ORIGINAL DATE OF CONTRACT OF PURCHASE AND SALE) Address: Legal: Lot: Block/Par Plan: Further to the Contract of Purchase and Sale covering the above-mentioned property, the undersigned agree as follows:

ALL OTHER TERMS AND CONDITIONS CONTAINED IN THE SAID CONTRACT/OFFER REMAIN THE SAME AND IN FULL FORCE AND EFFECT. Dated at , this ______ day of , 20__. Witness Vendor’s Signature Witness Vendor’s Signature Dated at , this ______ day of , 20__.

Witness Purchaser’s Signature Witness Purchaser’s Signature

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20 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Counter Offer to Contract of Purchase and Sale

Reproduced with permission fromNot to be used or reproduced without permission – August 2004 -

(Original Date of Contract of Purchase and

COUNTER OFFER TO CONTRACT OF PURCHASE AND SALE

Developed & Provided by the Saskatchewan Real Estate Association, Revised 1996

This Counter Offer is attached to and forms part of the Contract of Purchase and Sale made by:

to In respect to the property known as: __________________________________________________ and dated The seller accepts the attached Offer and all its terms and conditions subject to thadditions:

The Counter Offer shall be open for acceptance by the Buyer up to __________a.m./ p.m. tafter which time if not accepted by the Buyer, this Counter Offer shall be null and voidwithout interest. If this Counter Offer is accepted by the Buyer, the Seller herby acknowleapplicable federal and provincial taxes to the Seller’s Brokerage pursuant to the listing agreHERBY IRREVOCABLY AND UNCONDITIONALLY DIRECT AND AUTHORIZE Mother solicitor action on my/our behalf in this sale to pay the aforesaid taxes and commissiofor sale when releasable and this shall be and constitute my/our full and sufficient authority I HEREBY CERTIFY that I am a resident of Canada as defined under the provisions of Secprovide satisfactory evidence of such residency. DATED AT , this _________ d SIGNED, SEALED AND DELIVERED in the presence of IN WITNES (Witness) SELLER (Witness) SELLER The above Counter Offer of the Seller to my Offer dated

DATED AT , this ___________ day SIGNED, SEALED AND DELIVERED in the presence of IN WITNES (Witness) SELLER

(Witness) SELLER

SELLER SIGNING THIS FORM SHOULD NOT SIGN ACCEPTAN

(Full Names of Buyers)

(Full Names of Sellers)

_________________________, 20 ______

the Saskatchewan Real Estate Commission Saskatchewan Legal Education Society Inc.

(Original Date of Contract of Purchase and Sale)

Sale)

e following amendments, exceptions and/or

he ___________ day of _________________, 20 ___ and any deposit paid shall be returned to the Buyer, dges his or her obligation to pay commissions and all ement with respect to the property. I/WE FURTHER Y/OUR SOLICITOR, as indicated by me/us or any

n, less the deposit hereby accepted, form the proceeds for doing so.

tion 116 of The Income Tax Act and that I will

ay of _______________, 20 __ S WHEREOF I have hereunto set my hand

is hereby accepted.

of _________________, 20 _______

S WHEREOF I have hereunto set my hand

CE OF THE ORIGINAL OFFER

Page 27: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 21 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Property Condition Disclosure Statement

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

Property Condition Disclosure StatementProperty Condition Disclosure StatementProperty Condition Disclosure StatementProperty Condition Disclosure Statement Address:

General: Answer each question with "Yes", "No" or "Don't Know", as applicable: Are the improvements connected to public sewer system Yes No Don't Know Are the improvements connected to public water system Yes No Don't Know Are the improvements connected to a private or a community water system Yes No Don't Know Is the present use a non-conforming use Yes No Don't Know Does the property contain unauthorized accommodation Yes No Don't Know Are the exterior walls including the basement insulated Yes No Is the ceiling insulated Yes No Don't Know Do the improvements contain asbestos insulation Yes No Don't Know Do the improvements contain urea formaldehyde insulation Yes No Don't Know Has the wood stove/fireplace and/or insert been inspected and approved by local authorities Yes No Have you received any notice or claim affecting the property from any person or public body Yes No Don't Know Are all statements in any property information sheets used by the Vendor or their agents true and accurate to the best of the knowledge and belief of the vendors Yes No

Structural: Answer each question with "Yes", "No" or "N/A" as applicable Are you aware of any additions or alterations made without a permit Yes No N/A Are you aware of any structural defects with the improvements Yes No N/A Are you aware of any problems with the heating system Yes No N/A Are you aware of any problems with the central air conditioning system Yes No N/A Are you aware of any moisture, dampness, leaking or other water problems or damage in the basement, crawl space, walls, attic, roof or elsewhere with the buildings or land? Yes No N/A

Are you aware of any damage due to wind, fire, water, insects, rodents or pests Yes No N/A Are you aware of any problems with the electrical system Yes No N/A Are you aware of any problems with the plumbing system Yes No N/A

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22 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Property Condition Disclosure Statement

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

Are you aware of any problems with the swimming pool, hot tub or underground sprinklers Yes No N/A

Are you aware of any problems with built-in appliances or attached fixtures. (ie: garage door opener, central vac, dishwasher, water softener, etc.) Yes No N/A

Are you aware of any encroachments or unregistered rights or way Yes No N/A Are you aware of or have you been charged with any local improvement levies or taxes Yes No N/A

Are you aware of any problems re: quantity or quality of well water (Gal/min if known) Yes No N/A Are you aware of any problems with the septic or sewer system Yes No N/A Are you aware or do you have suspicions that there is any environmental contamination of the property including but not limited to petroleum spills or migration onto the property, hazardous wastes stored or buried on the property or any other environmental contamination?

Yes No

Other Comments:

The sellers state that the above information is true, based on the sellers' current actual knowledge as of this date. Any important changes made to this information made known to the sellers will be disclosed to the purchasers before closing. This statement may not be relied upon by anyone other than the purchasers.

___________________________ ________________________________ Date: ____________, 200 .Sellers' signatures Accepted by the Purchasers. (Purchasers should not sign until reviewed and satisfied with it after Vendors complete & sign first.) If the Purchasers do not agree to buy the Property after seeing this disclosure, do not sign the form. The Purchasers should understand this statement may not provide a remedy for many problems they may discover with the Property. This list is not an exhaustive list of concerns. Some of the statements only say what the Seller knows rather than being a guarantee there are no problems. The Purchasers are are advised to have the property inspected by qualified professionals. ___________________________ ________________________________ Date: ____________, 200 .Purchasers' signatures

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Saskatchewan: Bar Admission Program 23 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Property Condition Disclosure Statement

Reproduced with permission from the Saskatchewan Real Estate Commission Not to be used or reproduced without permission – August 2004 - Saskatchewan Legal Education Society Inc.

INFORMATION ABOUT THE PROPERTY CONDITION DISCLOSURE STATEMENTThis information is included for the assistance of the parties only. It does not form part of the disclosure statement.

EFFECT OF DISCLOSURE STATEMENTThe disclosure statement will not form part of the Contract of Purchase and Sale unless so agreed to by the sellers and buyers. This can be accomplished by inserting the following wording into the Contract of Purchase and Sale:

“The attached Property Condition Disclosure Statement dated ____________, is incorporated into and forms part of this contract.”

Buyers should ensure that this clause is inserted on the Contract of Purchase and Sale if they are relying on the disclosure statement.

ANSWERS MUST BE COMPLETE AND ACCURATEThe disclosure statement is designed in part to protect the sellers by establishing that all relevant information concerning the property has been provided to the buyers. It is important that the sellers not answer “do not know” or “does not apply” if, in fact, they know the answer. An answer must provide all relevant information known to the sellers. In deciding what requires disclosure, the sellers should consider whether they would want the information if they were a potential buyer of the property.

BUYERS MUST STILL MAKE THEIR OWN ENQUIRIESThe buyers must still make their own enquiries after receiving the disclosure statement. Each question and answer must be considered and, where necessary, keeping in mind that the sellers’ knowledge of the property may be incomplete, additional information can be requested from the sellers or from an independent source such as the Municipality. Buyers can hire an independent inspector to examine the house to determine whether defects exist and to provide an estimate of the cost of repairing problems that have been identified on the disclosure statement or on an inspection report.

THREE IMPORTANT CONSIDERATIONS

1. Sellers are legally responsible for the accuracy of the information which appears on the disclosure statement. If it is incorporated into the Contract of Purchase and Sale the buyers will rely on this information when they contract to purchase the property. Not only must the answers be correct, but they must be complete. Even if the disclosure statement is not incorporated in the Contract of Purchase and Sale, the sellers may still be responsible for the accuracy of the information on the disclosure statement if it caused the buyers to agree to buy the property.

2. Buyers must still make their own enquiries concerning a property in addition to reviewing a

disclosure statement, recognizing that in some cases it may not be possible to claim against a seller if the seller cannot be found or is insolvent.

3. Anyone who is assisting sellers to complete a disclosure statement should take care to see

that the sellers understand each question and that their answer is complete. It is recommended that the sellers complete the disclosure statement in their own writing to avoid any misunderstanding.

SREA Form #201 – 12/96

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24 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Title Print Result

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Quick Search Results Search By: Current Title Details With Criteria: As of Date = 06-Mar-2002 09:55:26 Title Number = 104379699

Province of Saskatchewan Land Titles Registry

Title Title #: 104379699 As of: 28-Mar-2002 08:59:59 Status: Active Last Amendment Date: 05-Feb-2002 Parcel Type: Surface Issued: 05-Feb-2002 01:10:40 Parcel Value: Title Value: Converted Title: 87R20392

Dale Gestur Sigurdson and Joanne June Sigurdson are the registered owners, as joint tenants, of Surface Parcel #107100155 Reference Land Description: Lot 5Blk/Par 29Plan No.GE191 Extension 0 As described on Certificate of Title 87R20392

This title is subject to any registered interests set out below and the exceptions, reservations and Interests mentioned in section 14 of The Land Titles Act, 2000.

Registered Interests:Interest #: 103949983 CNV Caveat

Value: Reg'd: 27-Jun-1989 02:28:56 Expiry Date: N/A

Holder: Toronto Dominion Bank 196 Massey Road Regina, Saskatchewan, Canada S4S 4N5 Client #: 102412460 Int. Register #: 101527512 Converted Instrument #: 89R36139

Interest #: 104015629 CNV Caveat

Value: Reg'd: 27-Jun-1989 02:28:56 Expiry Date: N/A

Holder: The Toronto Dominion Bank 196 Massey Road Regina, Saskatchewan, Canada S4S 4N5 Client #: 102649473 Int. Register #: 101527523 Converted Instrument #: 89R38057

Addresses for Service:Name Address Owner: Dale Gestur Sigurdson 1971 Cowan Cres Regina, Saskatchewan, Canada S4S 4C4 Client #: 103453792 Owner: Joanne June Sigurdson 1971 Cowan Cres Regina, Saskatchewan, Canada S4S 4C4 Client #: 103453804

Notes:Parcel Class Code: Parcel (Generic)

To request a copy, click here � $

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Saskatchewan: Bar Admission Program 25 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to City Requesting Tax Summary

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office

Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

May 1, YR0 City of Saskatoon Treasurer’s Dept. 222 - 3rd Avenue North Saskatoon, Sask. S7J 0J5 Dear Madam or Sir: RE: Tax Summary Civic: 154 Wardoff Crescent, Saskatoon, Saskatchewan Seller: Connie and Doug Nixon Buyer: John and Jane Smith Our File: S2020 We enclose our general office cheque in the sum of five dollars. Please provide our office with a tax summary for the above property. On your tax summary, please advise what the current taxes are, whether they have been paid or not, whether there are any arrears or any credits and when the current year taxes must be paid, without incurring a penalty. If taxes for the current year have not yet been assessed, please advise what last year’s taxes were and if they have been paid or not. Please forward to us your receipt. Yours truly,

Ken Byer

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26 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Tax Summary

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

City of � Tax Summary as of 5/5/04 10:35:38 AM

Roll Number

Property Address Registered Owner Lien Year

* * *

Tax Installment Payment Plan (TIPPS) in effect.Legal Description

Lot Block Plan * & * * *

2004 Assessment Information Assessment Class

Assessment Type

Fair Market Value

% of Value Exempt Assessment

Taxable Assessment

RES BLDG $* * % $ * $ * RES LAND $* * % $ * $ *

2004 Property Tax Information Tax Balance as of 5/5/04 10:35:38 AM General Taxes $ * Current Balance $ * Phase In $ * Arrears Balance $ * Local Improvements $ * Supplementary Balance $ * Bids $ * Total Balance $ * Special Charges $ * Total Current Tax $ *

Enter Reference Number:

Order Tax Certificate

New Search

Receivables Summary Last Prepayment Notice Last Property Tax Notice

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Saskatchewan: Bar Admission Program 27 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Tax Certificate

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

TAX CERTIFICATE

� Treasurer's Department 123 Main Street Certificate Number: 3762 Saskatoon, SK

GIVEN UNDER THE AUTHORITY OF SECTION 1234 OF THE URBAN MUNICIPALITY ACT OF THE PROVINCE OF SASKATCHEWAN

Sydney Seller ATTENTION: P.O. Box 123Saskatoon, SK S7K 1A2

YOUR REFERENCE NUMBER

N2020TAKE NOTICE That the subject property is contingently liable after the date of issue of this Certificate for all rules and charges transferred to the Tax Account pursuant to any Resolution of Bylaw of the City of Saskatoon or Statute of the Province of Saskatchewan and/or any tax levy calculated on a Supplementary Assessment.

Roll Number Property Address LEGAL DESCRIPTION Plan Block Lot 1-48-43-06100

154 Wardoff Crescent76500003 2 1

TAXES (INCLUDING PENALITIES)

CURRENT TAX = NIL

SUPPLEMENTARY TAX = TAX ARREARS =

TOTAL TAXES OUTSTANDING = NIL

I certify that the Taxes on the above described property, levied by the City of Saskatoon to, and including the date note below, are outstanding in the amount of:

NIL

Dated this 15 day of May YR0

UTILITY CHARGES PENDINGDoug Nixon and Connie Nixon154 Wardoff CrescentSaskatoon S7K 1A2

REMARKS ASSESSED OWNER(S)

*Per *, Manager

Revenue Collections Manager

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28 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Surveyor’s Certificate/Real Property Report

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 35: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 29 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Letter to City Requesting Building Information Abstract

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office

Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

May 1, YR0 City of Saskatoon Building Department City Hall 222-3rd Avenue North Saskatoon, Sask. S7J 0J5 Dear Madam or Sir: RE: Building Information Abstract Civic: 154 Wardoff Crescent, Saskatoon, Saskatchewan Buyer: John and Jane Smith Our File: S2020 We enclose our general office cheque in the sum of $50, along with a photocopy of the Surveyor’s Certificate for the above noted civic address. Would you please forward to our office a Building Information Abstract for the property? Please confirm that there are no outstanding infractions in connection with the building, either with respect to zoning or requirements under City regulations. If there are any outstanding infractions, would you please forward to us a list of the same at your earliest convenience? I would appreciate it if you could telephone our office as soon as possible to confirm that the Abstract will issue. Once the Abstract has been completed by your office, would you please telephone us in order that we may pick it up. We do not wish it to go through the mail. Yours truly,

Ken Byer

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30 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Building Information Abstract

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

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Saskatchewan: Bar Admission Program 31 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Evidence of Fire Insurance

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

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32 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Mortgage Loan - Approval of Mortgage Loan

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 39: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 33 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Mortgage Loan - Statement of Disclosure

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 40: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

34 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Mortgage Loan - Requisition to Solicitor/Notary for First Mortgage/Hypothec

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 41: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 35 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Mortgage

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 42: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

36 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Mortgage

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 43: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 37 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Mortgage

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 44: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

38 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Mortgage

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 45: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 39 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Mortgage

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 46: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

40 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Mortgage

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 47: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 41 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Mortgage

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

The following links provide online access to commonly used mortgage documents in Saskatchewan. Precedents include instructions to solicitors, mortgage forms and supporting documentation for various mortgage types. To link to Residential Mortgage Solicitor Forms for Scotiabank in Saskatchewan: http://www.scotiabank.com/cda/content/0,1608,CID571_LIDen,00.html To link to CIBC Mortgages and President Choice Financial Mortgages, go to http://www.cmidocs.com/ and click on the appropriate box.

Page 48: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

42 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Direction for Payment

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Direction For Payment To: _________ (the “Lender”) And to: ____________ (the “Law Firm”)

Re: Security on <Address of Security>We irrevocably assign the net proceeds of our loan on the above Security along with any refunds of loan commitment, application, standby or other fees to the Law Firm in trust. They may pay the funds along with any other trust funds they hold as follows: 1. Legal fees and disbursements plus applicable GST. 2. The balance to pay the purchase price of the property. We understand that the Law Firm acts for us and the Lender. This means that the Law Firm is obligated to disclose material information it receives from one party to the other and that it cannot act for either if a dispute arises that cannot be resolved. We do not wish to hire a separate independent lawyer.

Dated the ____ day of June, 2003..

____________________________ ____________________________ Witness

____________________________ ____________________________ Witness

Page 49: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 43 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

Page 50: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

44 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

Page 51: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 45 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Land Registry Packet

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

Page 52: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

46 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

Page 53: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 47 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Land Registry Packet

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

ADD

EXECUTED MORTGAGE DOCUMENT

HERE

Page 54: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

48 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Mortgage Loan - Solicitor’s/Notary’s Preliminary Report on Title

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Page 55: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 49 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Declaration as to Possession

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

DECLARATION AS TO POSSESSION

IN THE MATTER OF THE PURCHASE AND MORTGAGE OF: 154 Wardoff Crescent, Saskatoon, Saskatchewan (the land and premises)

I, John Smith, and I, Jane Smith, both of Saskatoon, Saskatchewan, do severally solemnly declare that: 1. I am entitled to be one of the registered owners of the above referred to land and

premises. 2. I am applying for a mortgage on the said land and premises to Scotia Mortgage

Corporation.

3. I will occupy the land and premises as my primary residence. 4. The purpose of the mortgage herein and advance(s) to be secured thereunder is the

acquisition of real estate to serve as my principal residence. 5. The down payment funds and cash required to close my purchase is from my own

resources and not borrowed. 6. I will be responsible for all utility payments on the said lands and premises from

possession date. 7. There are not orders under the Bankruptcy Act, or litigation pending or threatened against

me or judgment or executions against me. 8. There is adequate fire insurance coverage in force on the said buildings on the said land

and the premium has been paid in full and is in effect with loss payable to the Lender. 9. I undertake to pay interest upon any balance of the purchase price not paid by me at

possession date of the said transaction at the rate set out in my residential offer to purchase, these monies to be paid to my solicitors, Byer Law Office in trust for the purpose of remitting the same to the solicitors for the unpaid Seller.

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50 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Declaration as to Possession

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

10. I hereby irrevocably direct, transfer and set over to Byer Law Office all the proceeds of my said mortgage for applying the same to payment of the balance of the purchase price for the subject land and premises on my behalf.

And I make this solemn declaration conscientiously believing it to be true and knowing it is of the same force and effect as if made under oath.

SEVERALLY DECLARED BEFORE ME ) at the City of Saskatoon, in the ) _________________________ Province of Saskatchewan, ) Buyer/Borrower this 15th day of MAY, YR0 ) ) ___________________________________________________________ ) Buyer/Borrower A Notary Public/Commissioner for Oaths in and for the Province of Saskatchewan, Being a Solicitor

Page 57: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 51 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer’s Retainer Agreement

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

BUYER’S RETAINER AGREEMENT

TO: Ken Byer, Barrister and Solicitor FROM: John Smith and Jane Smith RE: Purchase of 154 Wardoff Crescent Possession date on June 1, YR0 File number S2020

In this agreement, you and your means Ken Byer and I, me and my means the person or persons signing this agreement. The following agreement sets forth the scope of my retainer with you. Retainer as Lawyer You are hereby retained as my lawyer to conduct the above transaction and to take such action as you may deem advisable to finalize it. I may instruct you either orally or in writing. I acknowledge that you are limited in your actions by the contract of purchase and sale that I have entered into. I understand that any changes to this contract can only be accomplished with the consent of the seller. Scope of Retainer I am retaining you to search and investigate title to the subject property; conduct a tax search; if I am obtaining a new mortgage prepare the mortgage and any other documents required by my lender; if I am assuming an existing mortgage obtain an assumption statement from the lender; prepare a statement of funds required from me to complete this transaction; obtain the transfer from the seller; obtain a Goods and Services Tax exemption certificate from the seller; advise me of my obligations to arrange for any own utilities; meet with me to review and sign all of the documents which you have prepared for me; register the title and mortgage (if any) at the Land Registry; requisition and disburse the mortgage proceeds; and report to me and my lender at the conclusion of this transaction. Excluded from Retainer I am not retaining you to conduct searches regarding zoning of the subject property (unless required in writing by my lender); verify compliance with municipal or provincial by-laws, ordinances or legislation pertaining to health, fire, building or environmental matters (including but not limited to legality of suites, location of utility lines or outbuildings thereon, wood stoves or fire places or chimneys); advise me on any aspects of income tax, capital gains tax or Goods and Services Tax other than with respect to this purchase of my own principal residence. If I am concerned about any of these matters, I will check with an accountant or the appropriate governmental authorities.

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52 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Buyer’s Retainer Agreement

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

I acknowledge that the accuracy of any information provided to you by federal provincial or municipal offices, realtors, mortgage companies and others, although believed to be correct, cannot be warranted or certified by you. Survey Certificate and/or Real Property Report You have advised me and I understand that a survey certificate or real property report can only be certified by the surveyor who prepared it and that it is protected by copyright. Accordingly, if the seller has provided me with only a photocopy, I may not be able to rely upon it as being accurate. I may not show any new construction (such as a detached garage or a new deck). I may also not show any new encroachments from neighboring properties or new easements. These defects could adversely affect the value of my property and could put me to additional expense to correct them in order to comply with municipal building or zoning requirements. I acknowledge that you have recommended I obtain a new real property report and that my lender may require one before advancing the mortgage funds. I therefore instruct you as follows: ____ a. I want you to order a new real property report on my behalf; ____ b. I will obtain my own new real property report; ____ c. I will accept as sufficient the existing survey/real property report and do not wish to

obtain a new one; ____ d. I do not wish to obtain a real property report at all. Direction for Payment I irrevocably authorize my lender to pay out of the proceeds of my mortgage loan all fees for mortgage insurance, commitment, appraisal, inspection, fees and accrued interest on the amount advanced in connection with the loan and the balance, or so much as may be advanced, to you, in trust. I understand that upon advancement of the mortgage proceeds I will be responsible for accrued interest to my lender. You are irrevocably authorized and directed by me to pay for any funds you receive from me or from my lender any and all amounts that may be required to finalize this transaction. They may include amounts charged by: the Land Registry; the local municipal authority (including any municipal taxes or levies); a registered land survey (if a new survey is required); any appropriate municipal, provincial, or federal government authority (such as any Corporations Branch, Personal Property Registry, or Court) ; Canada Revenue Agency for any GST payable in connection with this transaction, of applicable; and you for all legal fees, disbursements and applicable GST relation to this transaction. I hereby indemnify you for any federal Goods and Services Tax for which you may become liable with respect to any of the foregoing disbursements.

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Saskatchewan: Bar Admission Program 53 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Buyer’s Retainer Agreement

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Conflict I acknowledge that you have disclosed to me that you are also acting on behalf of my lender and therefore have a potential conflict of interest. I am content that you continue to act on my behalf and understand that you are obligated to disclose to my lender and to me all information which you possess or obtain relevant to this transaction and that no information received from one party in connection with this transaction can be treated as confidential as far as the other party is concerned. I further understand that you cannot continue to act for either my lender or me if any unresolved conflict arises between me and my lender and that my lender and I must then seek our own representation.

DATED at Saskatoon, Saskatchewan, this _____ day of __________________, YR0.

SIGNED, SEALED & DELIVERED ) in the presence of: ) ) __________________________________ �

) John Smith )

)____________________________ __________________________________ �Witness: Ken Byer Jane Smith

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54 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Buyer’s Statement of Funds Required

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

BUYER’S STATEMENT OF FUNDS REQUIRED

PURCHASE OF: 154 Wardoff Crescent, Saskatoon, Saskatchewan POSSESSION DATE: June 1, YR0 FILE NUMBER: S2020

DEBITS CREDITSPurchase Price $81,000.00Deposit paid to Realtor $6,000.00Tax Adjustment in favour of Seller ($2,000 x 214/365)

$1,172.60

Net Mortgage Proceeds $72,900.00Legal Fees $600.00P.S.T. on Fees $36.00G.S.T. on Fees $42.00Agency Disbursements • Not subject to G.S.T. or P.S.T. - Transfer registration (253.00)

(0.3% x value plus $10 processing per title) - Mortgage registration (160.00)

(up to four titles) $413.00

Legal Disbursements • Subject to G.S.T. but not P.S.T. - Title search (20.00)

($10 per title, one to open file, one to report) - Tax search (5.00) - Tax certificate (15.00) - Building abstract (50.00) - Writ registry search (no charge)

(no charge unless writ appears and details required) • Subject to both G.S.T. and P.S.T. - File opening, office supplies, photocopying, courier (25.00)

$115.00G.S.T. on disbursements $8.05P.S.T. on disbursements $1.50Interest for late payment (estimated 21/365 x $72,900 x 6%) $251.65Balance due from Buyer $4,739.80(certified cheque only) $83,639.80 $83,639.80

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Saskatchewan: Bar Admission Program 55 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

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56 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

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Saskatchewan: Bar Admission Program 57 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

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58 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

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Saskatchewan: Bar Admission Program 59 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

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60 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

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Saskatchewan: Bar Admission Program 61 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

Mortgage DocumentMortgage DocumentMortgage DocumentMortgage Document (Mortgage Document to be placed here)

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62 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Land Registry Packet - Application for Transfer (Single Title) and for Interest Registration

Used with permission from Information Services Corporation of Saskatchewan Not to be used or reproduced without permission - August 2004 - Saskatchewan Legal Education Society Inc.

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Saskatchewan: Bar Admission Program 63 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Letter to Seller’s Solicitor Paying “Cash to Close”

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

June 1, YR0 Sydney Seller Seller and Associates P.O. Box 123 Saskatoon, Saskatchewan S7B 1P6 VIA COURIER Dear Sir: Re: Civic: 154 Wardoff Crescent, Saskatoon, Saskatchewan Seller: Connie and Doug Nixon Buyer: John and Jane Smith Our File: S2020 Further to your trust letter of May 18, YR0, I enclose my trust cheque for $4,739.80 representing the cash to close the within transaction. The balance of funds is to be provided by way of new mortgage proceeds. This will confirm that my clients have executed all mortgage documentation necessitated by their lender and have arranged for adequate fire insurance on the subject property. Please be also advised that I have submitted documents to the Land Registry for registration and I will advise your office upon registration. Yours truly,

Ken Byer Attachment

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64 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Seller’s Solicitor Paying “Cash to Close”

Revised August 2004 Not to be used or reproduced without permission - Saskatchewan Legal Education Society Inc.

Suggested Format of Letter from the Solicitor of the Buyer Enclosing the Balance Due to Close

(Date) Dear Sirs: RE: Law Society Uniform Trust Letter Format - Western Law Societies Conveyancing Protocol Seller: Buyer: Property: Possession Date: Our File: We are the solicitors for the Buyer in the above-captioned transaction. This will acknowledge receipt of your letter dated the _____ day of __________, 20__, setting out the trust conditions and undertakings for the above-captioned purchase and sale utilizing the Solicitor’s Opinion under the Western Law Societies Conveyancing Protocol (the “Trust Letter”). We are enclosing our trust cheque in the amount of $ ________ representing the balance due to close as referenced in your Statement of Adjustments. We confirm that the trust conditions and undertakings referenced in the Trust Letter are acceptable to our office. We hereby certify to you that we have issued the Solicitor’s Opinion under the Western Law Societies Conveyancing Protocol for this transaction and acknowledged that subject to your complying with the undertakings referenced in the Trust Letter, the balance due to close is immediately releasable to the Seller. Please arrange for the release of keys in accordance with the Offer to Purchase. Yours truly,

Per: Enclosures

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Saskatchewan: Bar Admission Program 65 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Letter to Mortgage Company Requisitioning Mortgage Proceeds

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

June 4, YR0 Scotia Mortgage Corporation c/o The Bank of Nova Scotia Wildwood Branch Saskatoon, Saskatchewan S7J 2H9 VIA COURIER Attention: Ms. Landell, Mortgage Officer Dear Ms. Landell: Re: John and Jane Smith 154 Wardoff Crescent, Saskatoon Mortgage Reference Number 123456-0 Further to your instructions of May 7, YR0, I enclose the following documents for your reference and file:

1. Copy of Title;

2. Copy of executed Mortgage;

3. The Lawyer’s Requisition for Funds;

4. The Mortgage Approval form duly executed by the borrowers;

5. The Statement of Disclosure form duly executed by the borrowers;

6. An original signed copy of the mortgage with certification of interest registration no. 123456789;

7. A copy of the Surveyor’s Certificate/Real Property Report for the subject

property;

8. An original Irrevocable Assignment of Mortgage Proceeds and Authority and Direction signed by the borrowers;

9. A copy of the tax summary indicating that the taxes for the subject property are paid up to and including December 31, YR0;

Page 72: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

66 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Letter to Mortgage Company Requisitioning Mortgage Proceeds

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

10. A copy of the Insurance Policy indicating first loss payable to Scotia Mortgage Corporation as lender;

11. Solicitor’s Interim Report on Title.

Accordingly, I wish to requisition the full proceeds of the mortgage loan for disbursement on the morning of June 5, YR0. Please telephone my office when funds are ready to be picked up. In order to complete your security requirements with respect to this loan I shall provide you with the following as soon as reasonably possible:

1. A copy of the title confirming that the foregoing mortgage is registered as a first charge against title to the subject property;

2. Solicitor’s Final Report on Title.

I trust the enclosed is to your satisfaction and look forward to receiving the full mortgage proceeds as indicated above. Yours truly,

Ken Byer Enclosures

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Saskatchewan: Bar Admission Program 67 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Letter to Seller’s Solicitor Paying Balance to Complete the Transaction

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

June 5, YR0 Sydney Seller P.O. Box 123 Saskatoon, Saskatchewan S7B 1P6 Re: Civic: 154 Wardoff Crescent, Saskatoon, Saskatchewan Seller: Connie and Doug Nixon Buyer: John and Jane Smith Our File: S2020 Further to my letter of June 1, YR0, documents have satisfactorily registered at the Land Registry. Accordingly I enclose:

1. My trust cheque for Seventy-one Thousand Four Hundred Seventy-nine and Seventy-seven ($71,479.77) Cents representing the balance required to complete this transaction, calculated as follows:

2. Copy of Title(s) in the buyer’name;

The above-mentioned amount was calculated as follows:

Balance required as at June 1, YR0 $76,172.60 Balance forward as at June 1, YR0 $ 4,739.80 Balance remaining $71,432.80 Accrued interest to June 5, YR0 $ 46.97 (4 days @ 6% per annum) Balance paid as at June 5, YR0 $71,479.77 I trust that the enclosed will complete this transaction. Please advise me when your client’s mortgage has been discharged in due course. Yours truly,

Ken Byer Enclosure pc: The Smiths

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68 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Interim Reporting Letter to Client

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office

Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

June 5, YR0 John and Jane Smith 154 Wardoff Crescent Saskatoon, Saskatchewan S7K 5M5 Dear John and Jane: Re: Purchase of 154 Wardoff Crescent I am pleased to report that the purchase of your home has been completed except for the discharge of the seller’s mortgage which the seller’s solicitor is attending to. I enclose the following documents for your reference and file: 1. A copy of the title to your property; 2. A copy of the mortgage registered against the Title to your property; 3. A copy of the Surveyor’s Certificate/Real Property Report for your property; 4. A copy of the Building Information Abstract for your property indicating that your home

complies with the zoning bylaws for the City of Saskatoon; 5. An original of the GST Exemption Certificate indicating that there is no GST payable on

the purchase of your property; 6. An original copy of the Seller’s Declaration as to Possession; 7. My Statement of Receipts and Disbursements relating to the funds handled in this

purchase transaction; 8. My Statement of Account for services rendered in this purchase transaction, marked

“paid” from funds held in trust; 9. Refund cheque.

As soon as the seller’s mortgage is discharged, I will forward an updated copy of Title to your home.

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Saskatchewan: Bar Admission Program 69 Real Estate – Residential Sales & Mortgages – Buyer’s Documents Interim Reporting Letter to Client

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

I want to thank you again for allowing me the opportunity to be your lawyer in this matter. If you have any questions or comments regarding the enclosed documents or any other aspects of this transaction, please feel free to telephone me at any time. Yours truly,

Ken Byer Enclosures

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70 Saskatchewan: Bar Admission Program Real Estate – Residential Sales & Mortgages – Buyer’s Documents Statement of Receipts and Disbursements

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

June 5, YR0 Re: Purchase of 154 Wardoff Crescent

STATEMENT OF RECEIPTS AND DISBURSEMENTS

CREDITS DEBITS Purchase Price $81,000.00

Interest paid to Seller $46.97

Deposit paid to Realtor May 5, YR0 $6,000.00

Tax Adjustment in favour of the seller based upon YR0 taxes

$1,172.60

Received from Buyer June 1, YR0 $4,739.80Received from Lender June 5, YR0 $72,900.00Paid to Ken Byer for legal fees, G.S.T. and disbursements June 5, YR0

$1,215.55

Refunded to Buyers ($251.65)Prepared by Ken Byer E. & O.E.

$83,388.15 $83,388.15

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Saskatchewan: Bar Admission Program 71 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Statement of Account

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

June 5, YR0 John and Jane Smith 154 Wardoff Crescent Saskatoon, Saskatchewan S7K 5M5 Re: Purchase of 154 Wardoff Crescent, Saskatoon File: S2020

STATEMENT OF ACCOUNT FOR ALL PROFESSIONAL SERVICES RENDERED including reviewing instructions from Realtor; reviewing instructions and supporting documents from lender; searching title at the Land Registry; conducting Writ Registry search; conducting tax search; obtaining Building Information Abstract from City of Saskatoon; preparing the mortgage; attending to the execution of the mortgage and other supporting documents; registration of the title and the mortgage; obtaining certified copy of fire insurance, receiving and disbursing mortgage proceeds; reporting and certifying status of purchase to lender; and all sundry attendances; correspondence and advising throughout:

Legal Fees $600.00P.S.T on Fees $36.00G.S.T. on Fees $42.00Agency Disbursements (not subject to G.S.T. or P.S.T.)

Transfer registration (253.00) (0.3% x value plus $10 processing per title) Mortgage registration (160.00) (up to four titles)

$413.00

Legal Disbursements (subject to G.S.T. but not P.S.T.) Title search (20.00) ($10 per title, one to open file, one to report) Tax search (5.00) Tax certificate (15.00) Writ registry search (no charge) (no charge unless writ appears and details required) Building abstract (50.00)

Legal Disbursements (subject to both G.S.T. and P.S.T.)

File opening, office supplies, photocopying, courier (25.00)

$115.00G.S.T. on disbursements $8.05P.S.T. on disbursements $1.50Total: $1,215.55Paid from Trust: $1,215.55Balance Owing: - nil -

Thank you, Per: Ken Byer GST Number 123456789

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72 Saskatchewan: Bar Admission Program Real Estate - Residential Sales & Mortgages - Buyer’s Documents Final Report to Client

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office

Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

July 5, YR 0 John and Jane Smith 154 Wardoff Crescent Saskatoon, Saskatchewan S7K 5M5 Dear John and Jane: Further to my letter of June 5, I enclose a copy of the Title showing that the seller’s mortgage has been discharged. Again, thank you for allowing me to assist you with this transaction, Yours truly,

Ken Byer Enclosure

Page 79: Residential Sales and Mortgages (Buyer's Documents)redengine.lawsociety.sk.ca/inmagicgenie/documentfolder/CPLED20040… · RESIDENTIAL SALES AND MORTGAGES BUYER’S DOCUMENTS

Saskatchewan: Bar Admission Program 73 Real Estate - Residential Sales & Mortgages - Buyer’s Documents Final Report to Mortgage Company

Revised August 2004 Not to be used or reproduced without permission – Saskatchewan Legal Education Society Inc.

Byer Law Office Barristers & Solicitors P.O. Box 11, Saskatoon, Sask. S7K 3L6 (306) 246-4664

July 5, YR0 Scotia Mortgage Corporation c/o The Bank of Nova Scotia Wildwood Branch Saskatoon, Saskatchewan S7J 2H9 VIA BANK COURIER Attention: Ms. Landell, Mortgage Officer Re: John & Jane Smith 154 Wardoff Crescent, Saskatoon Mortgage Reference Number 123456-0 Dear Ms. Landell: Further to my preliminary report and subject to my qualification letter regarding the above mortgage, I attach the following documents for your records:

1. Solicitor’s Final Report on Title; and 2. A title print result showing that your mortgage is registered as a first charge

against the title to the subject property. I trust that the attached completes your security requirements and wish to thank you for your cooperation throughout this transaction. Yours truly,

Ken Byer Attachments