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Promise to Purchase and Negotiations


After visiting different properties, you finally find one that’s worth making an offer on. So what are the next steps?

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The offer

This is the formal legal agreement to purchase a property. Once the seller accepts the offer, it then becomes official. The offer may be conditional, meaning it's subject to factors such as financing or inspection. If either condition is not met, you then have the right to modify or cancel your offer even if the seller has already accepted it.

Broker's Advice

Your Proprio Direct broker will always be with you to help you make the right decisions and to complete the offer.

Preparing an offer

Some wording you'll likely find on the promise to purchase form.

The buyer

That’s you.

The seller

The actual home seller.

The purchase price

The amount offered, hoping that the seller will accept it.

Broker's Advice

Your Proprio Direct broker is there to make sure no details is left out in your offer.

Personnal belongings and fixtures

Make sure you know what’s included in the sale (washer, dryer, microwave oven, curtains, fixtures, etc.). Leave nothing up to chance.

The irrevocability of the bid

Usually less than 48 hours, this is the delay you give the seller to respond to your offer.

The transaction date

Usually 30, 60 or 90 days after the signing of the offer, this refers to the date you take possession of your new house.

Clauses specific to the contract

Since each transaction is unique, you will probably want to add important conditions such as a thorough home inspection.

Presenting the offer

You signed the deal now your real estate broker is responsible for presenting it to the home seller and/or his broker, when applicable.

The seller accepts your offer

That’s fantastic, congratulations! You have the right to modify or cancel the promise to purchase, even if the seller has already accepted it.

The seller rejects your offer

Although it rarelly happens, an offer can be rejected. In such case, your real estate broker will attempt to find out why and to establish whether there has been a misunderstanding.

The seller wishes to modify part of your offer

In general sellers attempt to change the offered price for a higher amount; they may even remove or adjust certain conditions. Afterwards, it will be your turn to bid again by indicating further changes or simply accepting the counter-offer.

The inspection


Avoid surprises!

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The Inspection Report: Advice from an Expert

This is something not to be overlooked since it can help detect any defects or malfunctions in the building's structure, systems and physical components. To properly identify any potential structural damage, the inspector will check the property and do an in-depth examination of the following: heating and cooling system, plumbing and electrical, roof, attic, walls, ceilings, floors, windows, doors, foundation, basement and more. He will then prepare a comprehensive report detailing all his findings.

Barely costing more than a few hundred dollars, a property inspection can protect your from unpleasant surprises.

Broker's Advice

Your Proprio Direct broker can recommend you several home inspection specialists.

Finalizing the sale
at the
notary


Congratulations! Negotiations were successful, but for the property to be considered officially sold, there are some crucial "closing" stages that must be finalized.

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Choosing a notary

The notary is normally designated by the buyer. His role is to verify and prepare legal documents and titles that will be transferred to the buyer.

Furthermore, it is also the notary’s responsibility to receive the proceeds of the sale, to calculate and make adjustments to those proceeds, to subtract your broker’s commission, and to refund the balance of your mortgage to your financial institution.

Required documents for the deed of sale

For the notary to do the necessary research required to finalize the sale, you must provide him the following documents:

  • Copy of the promise to purchase and its annexes
  • Valid certificate of location
  • Recent tax accounts
  • Property’s deeds of sale
  • Marriage contract or divorce certificate
  • Insurance policy
  • Copy of mortgage loan or release

If applicable:

  • Declaration of co-ownership
  • Contact information of condo’s union administrators
  • Service and leasing contracts of appliances and equipment (water heater, alarm system, etc.).
  • Copies of any lease

If any major work has been done to the property, it’s preferable to include receipts and warranties.

The notary will contact you to confirm the date and time for the signing of the deed of sale.

Property transfer

Under provincial legislation, the transfer of any property is subject to the billing of a land transfer - also known as the famous Welcome Tax (see "Property Transfert Calculation" form).

Moving


All that’s left now is getting ready to move.

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What's left to do

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  1. Contact your utility companies (telephone, cable, heating, etc) to have your services either cancelled or tranferred.
  2. Notify all federal and provincial government departments and agencies of your change of address (Canada Post, the SAAQ, Québec pensions, Child Assistance, Régie de l'assurancemaladie du Québec, etc.).
  3. Call your insurance company to either cancel or transfer your homeowners policy.
  4. Notify your professional services (realtor, accountant, lawyer, doctor, dentist, clinic and Hospital) as well as your professional associations.
  5. Notify your bank, credit card providers, pharmacist and car dealership of your change of address.
  6. Don’t forget to also inform the school, day care, library, sports center, friends and relatives.
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