OREA 2016 Standard Forms and Clauses Summary of Revisions
OREA 2016 Standard Forms and Clauses Summary of Revisions
2016 Standard Forms and Clauses Summary of Revisions
STANDARD FORMS
Form Section/Clause Explanation Revision(s) Form #103 Option to Purchase Agreement
Throughout Page 1 – Page 6 Throughout Page 3 – Page 6 Page 1, top of the form, REAL PROPERTY Page 2, CLAUSE 3: RENTAL ITEMS Page 4, Clause #22: CONSUMER REPORTS
The word ‘Agreement’ was added on all pages to provide specific direction The word ‘Optionee’ and ‘Optionor’ was added on all pages to provide specific direction The following clauses were added to the form
-‐ Clause with regards to legal description of land was added
-‐ Clause 3.
Identifying RENTAL/not included in Purchase Price
-‐ Clause 22.
identifying consumer reports will be referred to
2016 Standard Forms and Clauses Summary of Revisions
Form #103 Option to Purchase Agreement ( cont’d )
Form #121 Notice to Remove Condition
In the Title of the Form
Revision has been made to include an ’s’ at the end of the form title, for continuity
2016 Standard Forms and Clauses Summary of Revisions
Form #124 Notice of Fulfillment of Condition
In the Title of the Form
Revision has been made to include an ’s’ at the end of the form title, for continuity
Form #220 Seller Property Information Statement, Residential *NOTE, same revisions were made to: Form #820
Pg 3, under ‘IMPROVEMENTS AND STRUCTURAL’, section #12
Questions regarding Kitec plumbing was added to this form
2016 Standard Forms and Clauses Summary of Revisions
Form #502 Agreement of Purchase and Sale, Business in Leased Premised Under the Bulk Sales Act (Ontario)
Pg 1, 6th line from the top And also within ‘COMPLETION DATE’ CLAUSE, second sentence Pg 2, Clause #6 SEARCHES: added -‐ balance of clauses renumbered as necessary Pg 2, CL #7 COVENANTS BY SELLER: Pg 3, CL #8 FURTHER COVENANTS BY SELLER: Pg 3, CL #10 COVENANTS BY BUYER: Pg 3, CL # 11 BUYER CONDITIONS: Pg 3, CL #14 DOCUMENT PREPERATIONS:
Two Minor revisions describing the property have been added in 6th line and revised in COMPLETION DATE: Clause New Authorization for buyer (SEARCH: clause was added) to this form for a buyer to search for anything affecting the business on the premises Clause TITLES have added for continuity within all forms
2016 Standard Forms and Clauses Summary of Revisions
Form #502 Agreement of Purchase and Sale, Business in Leased Premised Under the Bulk Sales Act Form #502 Agreement of Purchase and Sale, Business in Leased Premised Under the Bulk Sales Act *NOTE, same revisions were made to: Form #510, Form #511, Form #515
Pg 4, in both party signature sections, blank dotted line was added at top of signature section Pg 4, under signature section, both signing party subscript addition ‘(…/Authorized Signing Officer)’
Blank dotted line inseted for a corporate name when relevant Revision to both signature sections was made, signing party subscript, for continuity within all forms
Form #510 Agreement of Lease, Commercial – Long Form
Pg 1, Landlord (Lessor) , subscript ’to include, ‘(…of all Landlords)
Revisions have been made to Landlord adding more subscript for parties on first Page
Pg 1, Cl #3 LEASE TERM:
New Clause TITLE have been added for continuity within all forms
2016 Standard Forms and Clauses Summary of Revisions
Form #510 Agreement of Lease, Commercial -‐Long Form *NOTE, same revisions were made to: Form #515
Pg 1, Cl #4 in ‘RENTAL’ section, per sq. subscript wording in parenthesis (feet/meters) changed to (foot/meter)
Correction was made to measurement terms on first page
Form #650 Co Brokerage Agreement
Entirely NEW form for members optional use to establish details of their co-‐brokerage agreement
NEW form was created for members in situation where multiple Brokerages agree to co-‐list a property
2016 Standard Forms and Clauses Summary of Revisions
Form #700 Standard Appraisal Report, Single Family *NOTE, same revisions were made to: Form #701
Pg 6 under ‘ATTACHMENTS’ section at bottom of Pg 6
Trademark symbol was inserted where MLS was referenced
Form #801 Offer Summary Document
Pg 1, Last 5 lines of the form were deleted
Counter offer section (5 lines) were removed from the bottom of Form #801 in the Listing Brokerage section
2016 Standard Forms and Clauses Summary of Revisions
Form #811 Working with a REALTOR® *NOTE, same revisions were made to: Form #816
At the end of the brochure under the ‘Honesty & Integrity’ Pane
Horizontal brochure was given an OREA standard form number
CREA trademark statement and OREA copyright statement was added
Form #820 Residential Information Checklist
Pg 1, under ‘GENERAL’ section, #3 in parenthesi Pg 2, under ‘GENERAL’ section, #16 a) & b) in parenthesis
Schedule #821 reference correction, previously #221 Schedule #822 reference correction, previously #222
2016 Standard Forms and Clauses Summary of Revisions
Form #823 Residential Information Checklist
Entirely NEW Checklist form for members’ optional use as a discovery tool pertaining to Fixtures or Chattels to be included in a sale
NEW form has been created as a discovery tool regarding Fixtures or Chattels to be included in the sale
2016 Standard Forms and Clauses Summary of Revisions
NEW STANDARD CLAUSES
Clause name
Section Explanation Text
2 Kitec Clauses
New CLAUSE section new category ‘Kitec Plumbing’ New CLAUSE section new category ‘Kitec Plumbing’
Clause added identifying Seller Warranty there has not been Kitec plumbing installed on the property Clause added identifying Buyer acknowledgement there been Kitec plumbing installed on the property
THE Seller represents and warrants to Buyer that during the time the Seller owned the property, the Seller has not installed in any building on the property Kitec plumbing, any fittings for Kitec plumbing nor any Kitec Plumbing Systems ("Kitec") and that to the best of the undersigned's knowledge, no building on the property contains or has ever contained Kitec. This warranty shall survive and not merge on the completion of the above transaction, and if the building is part of a multiple unit building, this warranty shall only apply to the part of the building, which is subject to this transaction. The Buyer acknowledges that the property and buildings and structures has had installed therein or thereon Kitec plumbing, fittings for Kitec plumbing or Kitec Plumbing Systems ("Kitec") and acknowledges that the Seller makes no representations and/or warranties with respect to the state of repair of the premises respecting the said Kitec and the Buyer accepts the property and the buildings and structures thereon in their present state and in an “as is” condition.
Electronic Signature Clause
New Clause Section in new category ‘ELECTRONIC’
Clause establishing consent for use of Electronic Signatures
“The parties hereto consent and agree to the use of electronic signature pursuant to the Electronic Commerce Act 2000, S.O. 2000, c17 as amended from time to time with respect to this Agreement and any other documents respecting this transaction.”
2016 Standard Forms and Clauses Summary of Revisions
LIST OF FORMS (NEW/REVISED) Form #103 -‐ OPTION TO PURCHASE AGREEMENT Form #121 -‐ NOTICE TO REMOVE CONDITIONS Form #124 -‐ NOTICE OF FULFILLMENT OF CONDITIONS Form #220 -‐ SELLER PROPERTY INFORMATION STATEMENT RESIDENTIAL Form #502 -‐ AGREEMENT OF PURCHASE AND SALE BUSINESS IN LEASED PREMISES UNDER THE BULK SALES ACT (ONTARIO) Form #510 -‐ AGREEMENT TO LEASE COMMERCIAL – LONG FORM Form #511 -‐ AGREEMENT TO LEASE COMMERCIAL – SHORT FORM Form #515 -‐ AGREEMENT TO SUB-‐LEASE COMMERCIAL Form #650 -‐ CO BROKERAGE AGREEMENT Form #700 -‐ STANDARD APPRAISAL REPORT – SINGLE FAMILY Form #701 -‐ STANDARD APPRAISAL REPORT – CONDOMINIUM RESALE Form #801 -‐ OFFER SUMMARY DOCUMENT – FOR USE WITH AGREEMENT OF PURCHASE AND SALE Form #811 -‐ WORING WITH A REALTOR® Form #816 -‐ WORKING WITH A COMMERCIAL REALTOR® Form #820 -‐ RESIDENTIAL INFORMATION CHECKLIST Form #823 -‐ RESIDENTIAL INFORMATION CHECKLIST RENTAL OR LEASE – FIXTURE/CHATTEL(S) INCLUDED To provide your input or suggestions, regarding Standard Forms & Clauses, please e-‐mail [email protected]