What is the Agreement of Purchase and Sale?
This one document decides if you keep your deposit or lose the house — what is the Agreement of Purchase and Sale?
Clear answer: what it is
The Agreement of Purchase and Sale (APS) is the legal contract that records the deal between buyer and seller for real estate. It’s the roadmap and command center. It sets price, closing date, conditions, deposits, included items, and legal obligations for both sides.
Why it matters
- It creates legal rights and obligations.
- It defines when the sale is final and when it can be cancelled.
- It protects deposits and outlines remedies for breaches.
If you misunderstand it, you risk losing money, getting stuck with unwanted liabilities, or having the sale fall apart.
Key parts of a purchase and sale agreement
- Purchase price: exact amount and currency.
- Deposit: how much, who holds it, release rules.
- Closing date: when ownership transfers.
- Chattels and fixtures: what stays and what goes.
- Title and closing conditions: clear title, payoffs, deliverables.
- Warranties and representations: seller claims about the property.
- Remedies and penalties: what happens if a party breaks the deal.
- Signatures and dates: legal execution of the contract.
Common conditions (subjects)
- Financing: buyer must obtain a mortgage by a deadline.
- Home inspection: buyer can back out if major defects found.
- Status certificate (condos): confirms condo corporation health.
- Sale of buyer’s current home: sometimes conditional.
Conditions must have clear deadlines and a way to waive them in writing.
Practical clauses to watch closely
- Irrevocable period: how long an offer stays open.
- Adjustment date: how taxes/utility bills are divided at closing.
- Inclusions/exclusions list: avoid “and all things” language.
- Escalation clauses: automatic increases when there are higher offers.
Simple checklist before signing
- Read every clause. Don’t assume standard wording.
- Confirm deposit terms and who holds funds.
- Check the conditions and their deadlines.
- Ask for a written list of included items (stove, blinds, etc.).
- Consult your realtor and lawyer for changes.
How your realtor and lawyer help
A realtor negotiates terms and protects your market position. A real estate lawyer reviews legal wording, explains enforceability, and ensures the transfer of title is clean. Both are essential for risk control.
Quick risk-control tips
- Make conditions specific and dated.
- Keep records of all communications and amendments.
- Don’t sign blank or incomplete agreements.
Final thought
The Agreement of Purchase and Sale is not a formality. It’s the legal backbone of your transaction. Treat it like a business deal: read, verify, and get professional advice.
For a clear, no-nonsense review of your APS, contact local realtor Tony Sousa — trusted market authority who simplifies contracts and protects clients.
Contact: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
