      OREA Form 101 · Ontario condo agreement of purchase and sale · Clause by clause
    

The Ontario condo agreement of purchase and sale,
read clause by clause before you sign.

Every block of OREA Form 101: what it commits you to, which line to check before you sign, and how condo buyers get caught out. The condo-only clauses are covered in depth; the clauses it shares with the freehold Form 100 get the condo angle and a link to the full walkthrough.

Based on OREA's published Form 101 text

47 cards, first line to Schedule A

A broker's reading, not legal advice

Start at the clause index ↓ Bring your offer to a 60-minute session

What is OREA Form 101, the Ontario condo agreement of purchase and sale?

Form 101 is the Ontario Real Estate Association's standard agreement for buying a resale condominium unit; its full title is Agreement of Purchase and Sale – Condominium Resale (source: OREA's published Form 101 text). The offer you sign becomes a binding contract once the seller accepts it and you are notified as the form requires. It shares its skeleton with Form 100, the freehold version, but you are buying something different: on Form 100, land and the house on it; on Form 101, a unit, your proportionate share of the building's common elements, and ownership or exclusive use of any parking space and locker. That is why Form 101 runs to 32 clauses. It adds five condo-only clauses (common expenses, parking and lockers, status certificate and management, meetings, approval of the agreement), drops Form 100's Future Use and Planning Act clauses, and rewrites six clauses for condominium ownership: title search, title, documents and discharge, insurance, document preparation and adjustments (Clauses 10, 11, 14, 18, 19 and 21); the property and brokerage-information blocks differ too. The law behind common expenses, status certificates and unit insurance is the Condominium Act, 1998. A pre-construction unit is usually bought on the builder's own agreement rather than on this form.

Sources: OREA's published text of Form 101 "Agreement of Purchase and Sale – Condominium Resale"; OREA Form 100 for comparison; the OREA residential clause library; Condominium Act, 1998. This page explains each block and clause in the form's own order and in plain words; it does not reproduce the form text.

        Broker note
      

What follows is the reading of a broker who drafts condo offers for buyers and reviews them for sellers: how each line is filled in practice, what to ask before you initial it, and where things go wrong. It is not legal advice. The status certificate, special assessments, litigation and whether the reserve fund is adequate are your lawyer's call. How any clause binds you depends on the agreement you actually sign and on your lawyer's review. The stories on this page are illustrative scenarios; none describes a real client.

      Part one · How the form is built
    

Three parts, each with its own job.

The form opens with the fill-in blocks: date, the parties, the legal description of the unit, price, deposit and schedules. Then come the 32 pre-printed clauses, which you do not rewrite but which bind you. Last are the signatures and Schedule A, where every condition and special term lives. Once you see what each part governs, you can see where the room to negotiate is.

Front · Fill-in blocks

Every line here is yours to fill. The big difference from Form 100 is the property block: corporation name, plan number, unit, level, parking and locker. Get it wrong and what you buy may not be what you think you bought.

Middle · 32 clauses

Five of them exist only on the condo form: common expenses, parking and lockers, status certificate, meetings, approval of the agreement. Six are rewritten for condominium ownership: title search, title, documents and discharge, insurance, document preparation and adjustments. The rest match Form 100, under the same or shifted numbers.

End · Signatures and schedule

Buyer signatures, the seller's commission direction, spousal consent, confirmation of acceptance, brokerage information (with an extra property manager line on the condo form), the acknowledgement, the commission trust agreement, and Schedule A. The condition to review the status certificate is written into Schedule A.

      Form 101 vs Form 100: what's different
    

Based on OREA's published Form 101 text, the table compares it with Form 100 clause by clause. Anything not listed reads the same on both forms, under the same or a shifted number.

Where	Form 100 (freehold)	Form 101 (condo)
Property block	Address, which side of the street, frontage and depth, legal description.	Condo name, corporation and plan number, unit, level, building, parking and locker, plus the proportionate share of the common elements and the exclusive-use portions. (Property)
Condo-only clauses	None.	Clause 7 Common Expenses, 8 Parking and Lockers, 13 Status Certificate and Management, 15 Meetings, 17 Approval of the Agreement. (7, 8, 13, 15, 17)
Clauses dropped	Clause 9 Future Use; Clause 15 Planning Act; the Planning Act statement sentence in Document Preparation.	None of the three appear. (Clause 19)
Title search	Clause 8: besides title, work orders and present use, the buyer checks that the principal building can be insured against fire. What happens after an objection sits in Clause 10.	Clause 10: no "principal building insurable against fire" test, and the objection mechanism is folded into this clause. (Clause 10)
Title	Clause 10: accepts only minor utility easements and service easements that "do not materially affect the use"; municipal agreements must be complied with or secured.	Clause 11: accepts all registered service easements with no such qualifier, and also takes title subject to the Condominium Act, the regulations under it, and the corporation's own declaration, by-laws and rules, occupancy standards included. (Clause 11)
Documents and discharge	Clause 12: on request, the seller hands over any survey or sketch it controls.	Clause 14: the seller delivers, where it can without cost, the corporation's current documents and most recent financial statements. (Clause 14)
Insurance	Clause 14: on substantial damage the buyer may terminate, or take the insurance proceeds and complete.	Clause 18: the risk is on "the Unit"; on substantial damage the buyer may let the insurance proceeds go to repairs under the Insurance Trust Agreement, or terminate and recover the deposit. (Clause 18)
Adjustments	Clause 18: rents, mortgage interest, realty taxes, unmetered utilities and fuel.	Clause 21: adds common expenses; utilities and fuel only where billed to the unit; the seller's share of the reserve fund is not adjusted. (Clause 21)
Brokerage information	Listing and co-operating brokerages.	An extra line for the property manager's name, address and phone. (Brokerage information)

        Using the right form
      

Form	Name	When it applies
101	Agreement of Purchase and Sale – Condominium Resale	A resale condominium unit: apartment, condo townhouse, stacked town. The spine of this page.
100	Agreement of Purchase and Sale	Detached, semi-detached and freehold townhouses. Clause-by-clause walkthrough here.
111	Agreement of Purchase and Sale – POTL – Common Elements Condominium	A freehold parcel tied to a common elements condominium, such as a private road or shared green space. It looks like a townhouse, and it is not a Form 101 deal.
102	Agreement of Purchase and Sale – Co-operative Building Resale Agreement	A co-operative building, where you buy shares in a corporation rather than a unit registered in your name.
105	Schedule – Agreement of Purchase and Sale	Extra schedule pages when Schedule A runs out of room.
120 · 123 · 124	Amendment / Waiver / Notice of Fulfillment of Condition(s)	Changing terms after acceptance, waiving a condition, or declaring it fulfilled. Once the status certificate review is done, it is usually Form 123 or 124 that records it.
801	Offer Summary Document	A summary sheet used alongside the offer.

Form numbers and names follow the OREA Standard Forms index. Which one applies is your agent's call based on the type of ownership, and the lawyer can confirm it from the title register.

      Part two · Clause by clause
    

Clause index

In the order Form 101 reads: the seven fill-in blocks at the front, Clauses 1 to 32, then the execution area and Schedule A. Every card has three parts: what it says, what to watch, and an illustrative story; where the wording differs from Form 100, a fourth part sets out the difference. Condo-only and condo-rewritten clauses get the deepest treatment; clauses shared with Form 100 get the condo angle and a link to the full walkthrough on the Form 100 page. Click any entry to jump to it.

The fill-in blocks

BlockAgreement date BlockBuyer BlockSeller BlockProperty: unit, parking, locker BlockPurchase price BlockDeposit BlockSchedules

Clauses 1 to 32

Clause 1Irrevocability Clause 2Completion date Clause 3Notices Clause 4Chattels included Clause 5Fixtures excluded Clause 6Rental items Clause 7Common expenses · condo only Clause 8Parking and lockers · condo only Clause 9HST Clause 10Title search Clause 11Title Clause 12Closing arrangements Clause 13Status certificate · condo only Clause 14Documents and discharge Clause 15Meetings · condo only Clause 16Inspection Clause 17Approval of the agreement · condo only Clause 18Insurance (condo version) Clause 19Document preparation Clause 20Residency Clause 21Adjustments Clause 22Property assessment Clause 23Time limits Clause 24Tender Clause 25Family Law Act Clause 26UFFI Clause 27Legal, accounting and environmental advice Clause 28Consumer reports Clause 29Agreement in writing Clause 30Electronic signatures Clause 31Time and date Clause 32Successors and assigns

Execution area and schedule

ExecutionBuyer signature ExecutionSeller signature and commission direction ExecutionSpousal consent ExecutionConfirmation of acceptance ExecutionBrokerage and property manager ExecutionAcknowledgement ExecutionCommission trust agreement ScheduleSchedule A

The fill-in blocks

Fill-in block · Agreement date

Same as Form 100

Agreement date

What it says

The opening line records the date the offer is drawn up. It works as the agreement's name: every later amendment, waiver and notice of fulfillment identifies the deal by this date.

Agreement DateAgreement of Purchase and Sale

Watch for

Change the price, the closing date or a name later, and the follow-up forms still cite this original date, not the day of the change.
The most common condition in a condo offer is the status certificate review. When its clock starts depends on how the Schedule A clause is written, a fixed date or a set number of business days after the documents arrive. Do not assume it runs from this line.

Story · Illustrative scenario

An offer went back and forth three times, and the buyer's agent put the date of the third round on the final waiver. The lawyer's first move on receiving it was a phone call: which agreement does this refer to? A small thing, but on the last day of the condition period that call cost an afternoon.

Full walkthrough on the Form 100 page → ↑ Back to index

Fill-in block · Buyer

Buyer

What it says

The full legal names of every buyer. The form prints the reminder right under the line: all buyers, full legal names.

BuyerFull legal names

Watch for

Match the ID. The FINTRAC identification, the lawyer's file and the mortgage documents all have to agree with this line.
If a name may need to be added or removed before closing, usually for financing, put a clause allowing it into Schedule A at offer stage. Once the deal is firm, the seller does not have to agree to a name change.
Buying the unit through a company, or as a rental, ask the lawyer how the buyer should be named before the offer is drafted.

Story · Illustrative scenario

A young couple buying their first condo signed with only their two names. During the condition period the lender asked for a parent as co-borrower, and the seller's agent replied that the agreement made no such provision. An amendment was signed only because the seller was accommodating. One sentence in Schedule A would have made it a right, not a favour.

Full walkthrough on the Form 100 page → ↑ Back to index

Fill-in block · Seller

Seller

What it says

The full legal names of every seller: the owners registered on title.

SellerFull legal names

Watch for

The seller's names come from the title record, not from the listing or from what the seller calls themselves. The listing side checks this; the buyer's agent can ask the lawyer to confirm.
With an estate, a power of attorney or a corporate owner, the person who signs may not be the person named here. The capacity they sign in needs to be stated.
If a tenant lives in the unit, the seller's line does not change, but whether you receive it vacant or with the tenancy must be written into a schedule. Clause 2 assumes vacant possession.

Story · Illustrative scenario

The listing showed one seller; the title showed two, and the second lived overseas. After acceptance, the lawyer's title search turned up the missing signature, and getting it from abroad took close to two weeks. Checking this line against title before the offer goes in saves chasing signatures afterwards.

Full walkthrough on the Form 100 page → ↑ Back to index

Fill-in block · Property (condominium unit)

Differs from Form 100

The property: unit, parking, locker and your share of the common elements

What it says

This is where Form 101 departs most from Form 100. Instead of frontage and depth, it builds up what you are buying, layer by layer: the condo's name and suite number (apartment, townhouse, suite or unit), its address and municipality; the corporation's legal name and condominium plan number; and the legal unit, level and building numbers.

Then parking and lockers: each one by number and level, held either in ownership or as exclusive use. The closing sentence defines three things together as "the Property": the unit itself, the seller's share of the common elements, held in common with the other owners in proportion to the unit, and any parts of the common elements the declaration and description reserve for this unit's exclusive use.

common elementsexclusive useDeclaration and DescriptionCondominium Plantenancy-in-common interest

Watch for

The number on the door is often not the legal unit and level. This block needs the legal numbers from title and the condominium plan, not the floor you press in the elevator.
Parking and lockers come in roughly three kinds: a separately registered unit you own; an exclusive-use common element assigned to your unit by the declaration; or a space rented from the corporation. The first two belong in this block; the third goes in Clause 8 with its cost. Ask which it is before you write it.
A balcony, terrace or private yard is usually an exclusive-use common element: yours to use, not yours to own, and what you may put on it or change is set by the declaration and rules.
"Parking included" in the listing is not the same as a correct agreement. Put the numbers in this block and let the lawyer match each one against the status certificate and title.

Story · Illustrative scenario

The listing showed one parking space, and the offer said only "one parking space". Reviewing the status certificate, the lawyer found the space was rented month to month from the corporation and did not transfer with the unit, with a waiting list behind it. The offer had a status certificate condition, so the buyer renegotiated the price inside the condition period. Writing just "one space" in that line says almost nothing.

How it differs from Form 100

Form 100's block takes the address, the side of the street, frontage, depth and the legal description of the land. Form 101 replaces all of it with condominium language: corporation, plan number, unit, level and building, plus parking, locker and the common-element share, and it folds the exclusive-use portions into the definition of "Property".

Full walkthrough on the Form 100 page → ↑ Back to index

Fill-in block · Purchase price

Same as Form 100

Purchase price

What it says

The price in figures and again in words, in Canadian dollars.

Purchase PriceCDN$

Watch for

This one figure buys everything in the property block: the unit, any parking and locker written there, and the common-element share. A space rented from the corporation is not in this price; its cost goes in Clause 8.
When a counter-offer changes the figure, change the words too. A mismatch between the two is the first thing the lawyer and the other agent will catch.

Story · Illustrative scenario

A second counter-offer nudged the price up. The figures changed; the line in words did not. After the seller signed back, the buyer's lawyer pointed out the mismatch and an amendment had to be signed to confirm it. When the price changes, treat the two lines as one.

Full walkthrough on the Form 100 page → ↑ Back to index

Fill-in block · Deposit

Same as Form 100

Deposit

What it says

Three things to fill in: when it is paid (with the offer, upon acceptance, or as the agreement otherwise says), how much in words and figures, and who holds it. The form defines "Upon Acceptance" as delivery to the holder within 24 hours after acceptance, and unless the agreement says otherwise the money sits in a trust account of the holder's that pays no interest, and counts toward the price on completion.

depositDeposit HolderUpon Acceptancein trustReal Estate Trust Account

Watch for

"Upon Acceptance" gives you 24 hours. If the money is in a term deposit or has to move between banks, free it up before the offer goes in.
The form assumes a cheque. To pay by electronic transfer, the OREA clause library has a dedicated clause (DEP/PAY-10, deposit by electronic funds transfer) for the schedule.
In a condo offer, what happens to the deposit if the status certificate review fails is set by that condition. The OREA standard wording returns it in full without deduction.

Story · Illustrative scenario

The offer was accepted late in the evening; the next morning the buyer discovered the funds were in a term deposit that had not matured, and the bank said tomorrow at the earliest. The deposit arrived half a day late, and the seller's agent sent a polite, unmistakable email. The seller chose not to make anything of it. Those 24 hours need planning before the offer goes in, not after.

Full walkthrough on the Form 100 page → ↑ Back to index

Fill-in block · Schedules

Same as Form 100

Schedules

What it says

Two sentences: the balance is paid as Schedule A sets out, and a list of every schedule attached that forms part of the agreement.

Schedulebalance

Watch for

The letters are only an order. Whatever is attached, list all of it here.
In a condo offer nearly everything that matters lives in a schedule: the status certificate review, inspection, confirmation of parking and locker, delivery of fobs and keys (OREA clause CONDO-11). A schedule not listed here is an opening for a dispute.

Story · Illustrative scenario

The brokerage's own Schedule B was attached, but this line said only A. Reviewing the package before closing, the lawyer asked whether B was part of the agreement at all. Both sides said yes and signed a page to confirm it. Listing the schedules takes seconds; fixing the list takes an amendment.

Full walkthrough on the Form 100 page → ↑ Back to index

Clauses 1 to 6

Clause 1

Same as Form 100

Irrevocability

What it says

The party submitting the offer, seller or buyer, promises not to withdraw it before the stated time and date. If it has not been accepted by then, it becomes null and void and the deposit is returned to the buyer in full, with no interest.

irrevocablenull and voidSeal

Watch for

Condo listings often hold offers until a set evening. The irrevocable time has to cover when the seller will actually review and sign back, so confirm it with the listing agent first.
Every counter-offer needs this line rewritten. A sign-back that leaves it unchanged lets the other side withdraw at will.

Story · Illustrative scenario

The buyer made the offer irrevocable until nine that evening; the seller signed back at ten, after a family meeting. In law the offer had already lapsed, and what came back was a fresh offer the buyer could take or leave. The buyer took it, but the leverage had changed hands.

Full walkthrough on the Form 100 page (Clause 1) → ↑ Back to index

Clause 2

Same as Form 100

Completion date

What it says

The deal completes by 6:00 p.m. on the stated date at the latest. Unless the agreement says otherwise, the buyer gets vacant possession.

Completion Datevacant possession

Watch for

Moving into a condo usually means booking the service elevator with management, and many buildings restrict moving hours. Check the building's move-in rules before settling the date.
Lenders generally want the status certificate and proof of your unit insurance before they fund. A closing date that is too close leaves no time for either.
If the unit is tenanted, Clause 2 assumes it will be vacant; taking over the tenancy has to be written into a schedule.

Story · Illustrative scenario

Closing was set for a Friday at month end. The buyer then learned the service elevator was already booked by two other moves that day; the movers shifted to Sunday at extra cost. One call to the management office belongs before the date goes into the agreement.

Full walkthrough on the Form 100 page (Clause 2) → ↑ Back to index

Clause 3

Same as Form 100

Notices

What it says

The seller appoints the listing brokerage, and a represented buyer appoints their own brokerage, to give and receive notices; that does not apply where one brokerage represents both sides or a party is self-represented. Notices are in writing, and are deemed delivered when handed to the address for service in the Acknowledgement or sent to the fax number or email filled in here.

noticeAddress for Serviceself-represented partymultiple representation

Watch for

The key deadline in a condo offer is the status certificate condition. The waiver or notice of fulfillment must arrive by a method this clause recognises before the deadline; a minute late may be too late.
Once an email address is in this box, a notice is delivered when it is sent, read or not. Agree in advance which address is used and who is watching it.

Story · Illustrative scenario

On the afternoon the condition expired, the buyer's lawyer finished the status certificate review and the buyer's agent sent the waiver at 5:50, to the other agent's old email address. The other agent confirmed receipt that evening and both sides signed off on it. The right address belongs in this box when the offer is drafted.

Full walkthrough on the Form 100 page (Clause 3) → ↑ Back to index

Clause 4

Same as Form 100

Chattels included

What it says

A list of the chattels included in the price. Unless the agreement says otherwise, the seller conveys every fixture and chattel included in the price free of liens and claims.

chattelsfixtureslien / encumbrance

Watch for

A condo has items a house does not: fobs, garage remote, mailbox key, locker key. List them here, or use OREA clause CONDO-11 (key fob and access device delivery) in a schedule.
Do not copy the listing. Name brands and models, and add anything you want that the listing left out.

Story · Illustrative scenario

On closing day the buyer received one fob; the seller said the second had "gone missing". The corporation charged for a replacement and took a week. Write the number of fobs into the agreement and count them at handover.

Full walkthrough on the Form 100 page (Clause 4) → ↑ Back to index

Clause 5

Same as Form 100

Fixtures excluded

What it says

Anything attached to the unit that the seller wants to take must be listed here. If it is not listed, it stays.

fixtures excludedfixtures

Watch for

In condos the usual items are light fixtures, wall-mounted TV brackets and custom closet systems. Ask at the showing what is leaving and write it in.

Story · Illustrative scenario

The buyer loved the living-room chandelier; at handover there was a bare fitting. The seller said it was a family piece. With nothing excluded in the agreement the buyer was in the right, but nobody litigates over a light. One question at the showing would have avoided it.

Full walkthrough on the Form 100 page (Clause 5) → ↑ Back to index

Clause 6

Same as Form 100

Rental items

What it says

Equipment that is rented, leased or on lease-to-own, and not part of the price. Where those contracts can be taken over, the buyer agrees to take them over and to sign what is needed to do so.

rental itemslease to ownassume the rental contract

Watch for

In a condo the water heater, or a submeter for water or hydro, may belong to the unit, to the corporation, or to a rental company. Ask the seller for the bills, and ask the lawyer to watch for any corporation contract touching the unit when reading the status certificate package.
Whether it can be assumed, the monthly charge, whether it can be bought out: ask before signing. If a contract cannot be assumed, say in the agreement whose problem that becomes.

Story · Illustrative scenario

After moving in, the buyer received an invoice from a rental company: the unit's water heater was leased, and the agreement said nothing. The seller had assumed it belonged to the building. A blank Clause 6 does not mean there is nothing rented; it means nobody asked.

Full walkthrough on the Form 100 page (Clause 6) → ↑ Back to index

Clauses 7 to 12

Clause 7

Condo only

Common expenses

What it says

The seller warrants to the buyer that the common expenses currently payable to the condominium corporation for this unit are approximately a stated amount per month, and lists what that amount includes. Common expenses are each owner's share of running, maintaining and repairing the building; the declaration fixes each unit's share (Condominium Act s.7(2)(d)).

Common ExpensesCondominium Corporationwarrants

Watch for

"Approximately" is the form's own word. The real figure, and whether the unit is in arrears, comes from the status certificate. Check one against the other and deal with any gap inside the condition period.
The "includes" line is where offers get vague. Heat, cooling, water, hydro, cable, parking, locker: name each one. If unsure, have the listing side confirm with management or ask the seller for a recent statement.
Common expenses are not fixed; the corporation resets them with each budget. Known increases and major spending under discussion should show up in the status certificate and the budget attached to it, which your lawyer reviews.
Lenders count condo fees when they qualify you. When you budget the monthly payment, count them too.

Story · Illustrative scenario

The offer said the fees covered heat and water, and the buyer budgeted on that basis. When the status certificate arrived, the lawyer pointed out that hydro in this building was individually metered, so winter electric heating fell entirely on the owner. The buyer stayed in the deal but renegotiated the price inside the condition period. The "includes" line is about money.

How it differs from Form 100

Form 100 has no such clause. A freehold owner pays utilities and repairs directly; there is no corporation and no common expense.

↑ Back to index

Clause 8

Condo only

Parking and lockers

What it says

This clause works together with the property block at the front of the form. If a space or locker is already written there by number, this clause simply points back to it. If it is assigned to the unit separately rather than described there, this is where you say which one and how it is assigned. Any amount the corporation charges on top for a space or locker is also stated here.

parking spacelockeradditional cost

Watch for

For an "assigned" space or locker, ask who assigns it, on what basis, and whether it passes to you with the unit. A space allocated by the board under the rules is not the same as one you own.
If there is an extra charge, put it on this line and check it against the status certificate. A charge that surfaces only after closing is hard to negotiate.
Write the number and level, and go and look: location, size, whether a pillar crowds it. If you need EV charging or bike storage, ask management what the building allows.
Whether they sit in the property block or in Clause 8, the lawyer checks them against title and the status certificate. Get that answer before the condition period ends.

Story · Illustrative scenario

The buyer assumed the locker came with the unit and left Clause 8 blank. The status certificate showed the locker had been rented by the seller from the corporation, and on expiry the corporation had passed it to the next owner on the list. The buyer moved in with a bicycle and nowhere to put it. Leaving Clause 8 blank does not remove the question; it postpones it.

How it differs from Form 100

Form 100 has no such clause. A house's driveway and garage are part of the land and sit in its legal description.

↑ Back to index

Clause 9

Same as Form 100

HST

What it says

If the sale is subject to HST, choose whether the tax is included in or added to the price; if it is not, the seller certifies that on or before closing. Any HST on chattels is not included in the price.

HSTincluded in / in addition to

Watch for

On an ordinary resale home this line usually produces no actual tax, but the wording still has to be chosen. If the seller is a builder or an investment company, or the unit was substantially renovated, ask the lawyer before choosing.
A pre-construction assignment is not done on this form, and its HST treatment is a different matter entirely.

Story · Illustrative scenario

The seller was a company that held several units. The buyer's agent ticked "included in" out of habit; the buyer's lawyer flagged that with a seller like this, whether the sale was taxable needed confirming first. After the two lawyers spoke, a written confirmation from the seller went into the schedule. Before the habitual wording, look at who the seller is.

Full walkthrough on the Form 100 page (Clause 7) → ↑ Back to index

Clause 10

Differs from Form 100

Title search

What it says

The buyer, paying their own costs, has until 6:00 p.m. on the Requisition Date to search title. For work orders and use there is a second window, ending at whichever comes first: thirty days after the Requisition Date or the date conditions are fulfilled or waived (whichever is later), or five days before completion. Within it the buyer confirms that no work orders or deficiency notices are outstanding and that the current use can lawfully carry on.

If a valid objection is made in writing in time, and the seller cannot or will not remove or remedy it or obtain title insurance for it at the seller's cost, and the buyer will not waive it, the agreement ends, the money comes back without interest or deduction, and neither the seller nor the brokerages are liable for costs or damages. Apart from objections made in time and anything going to the root of title, the buyer is deemed to accept the seller's title. The seller also authorises the municipality and other agencies to release work order information to the buyer.

title searchRequisition Datework orderdeficiency noticeTitle Insurance

Watch for

Leave room between the Requisition Date and closing. Problems found on title take time to fix, not a day or two. Retain the lawyer before this date arrives.
In a condo, a work order or deficiency notice may be against the building and common elements rather than your unit. The lawyer reads the searches and the status certificate together.
"Present use" is normally residential. If you plan short-term rentals or an office, the title search will not answer that; the declaration and rules in Clause 11 will.

Story · Illustrative scenario

The Requisition Date was three days before closing. The lawyer found an old mortgage that should have been discharged and was still on title, which needed paperwork from the seller's former lender. Three days was nowhere near enough, closing slipped a week, and the buyer's lease and move moved with it. The Requisition Date is not a blank to fill; it is time for the lawyer to fix things.

How it differs from Form 100

On Form 100 the title search is Clause 8, and besides title, work orders and present use it asks the buyer to confirm the principal building can be insured against fire; the objection mechanism sits in Clause 10, Title. Form 101 drops the fire-insurance test (in a condo the corporation insures the building) and folds the objection mechanism into this clause.

Full walkthrough on the Form 100 page (Clause 8) → ↑ Back to index

Clause 11

Differs from Form 100

Title

What it says

The buyer accepts title subject to registered rights and easements for telecommunications, electricity, gas, sewers, water, cable and similar services. Otherwise title must be good and free of encumbrances, except for: what the agreement expressly provides; registered restrictions and covenants running with the land, as long as they are complied with; the Condominium Act and the regulations under it, along with the corporation's declaration and description, its by-laws (occupancy standards by-laws included) and its common element and other rules; and municipal agreements already in place, zoning by-laws, and utility or service contracts.

titleeasementrestrictive covenantCondominium Actencumbrance

Watch for

In effect you agree to live by the building's declaration, by-laws and rules: pets, leasing and short-term rentals, what renovations are allowed (flooring sound standards, for example), barbecues on the balcony. Those documents arrive with the status certificate; read them inside the condition period.
Service contracts the corporation has signed, such as bulk internet, submetering or equipment leases, are also among what you accept. The status certificate package discloses some of the corporation's agreements; ask the lawyer which ones affect your unit.
If you are buying to rent out, or have any particular use in mind, tell the lawyer so the review looks for it specifically.
Do not casually add a schedule sentence such as "free and clear except as in Clause 11". Added provisions override the pre-set text (Clause 29), and one line can rewrite this whole clause.

Story · Illustrative scenario

The buyer planned to live in the unit and rent it short-term while travelling. Reading the rules during the condition period, the lawyer found the building banned rentals below a minimum term, with fines for breaches. The buyer stepped away inside the condition period and bought in a building that allowed it. Without the review condition, this clause is what he would have accepted wholesale.

How it differs from Form 100

Form 100's title clause (Clause 10) accepts only minor utility easements and service easements that "do not materially affect the use", requires municipal agreements to be complied with or secured, and carries the objection mechanism. Form 101's Clause 11 opens by accepting all registered service easements, with no such qualifier, adds the Condominium Act and the corporation's whole body of rules, and refers simply to existing municipal agreements; the objection mechanism moves to Clause 10.

Full walkthrough on the Form 100 page (Clause 10) → ↑ Back to index

Clause 12

Same as Form 100

Closing arrangements

What it says

Where both sides use lawyers and the deal closes by electronic registration, the closing funds and non-registrable documents (the Requisite Deliveries) are not exchanged at the same moment as the transfer is registered; the receiving lawyer holds them in trust and releases them under the lawyers' document registration agreement. Both parties irrevocably instruct their lawyers to follow the agreement recommended by the Law Society of Ontario.

electronic registrationRequisite DeliveriesLaw Society of Ontario

Watch for

On a condo closing, agree in advance how keys and fobs are handed over and to whom: the seller's lawyer, the listing agent or management. It is not in this clause, but it comes up every time.

Story · Illustrative scenario

Registration went through in the afternoon, but the keys were locked in the listing agent's office and the agent was out of town. The buyer owned the unit and waited in the lobby until the next morning. The key handover needs arranging as carefully as the closing date.

Full walkthrough on the Form 100 page (Clause 11) → ↑ Back to index

Clauses 13 to 19

Clause 13

Condo only

Status certificate and management of the condominium

What it says

Three things. First, the seller represents and warrants to the buyer that no special assessment is contemplated by the corporation, and that no legal action is pending by or against the corporation or contemplated by it. Second, the seller consents to the buyer, or someone the buyer authorises, requesting a status certificate from the corporation. Third, the buyer acknowledges that the corporation may have signed a management agreement for running the property.

What a status certificate contains is set by s.76(1) of the Condominium Act, 1998. It includes: the unit's common expenses and any arrears; increases in common expenses the board has declared since the current budget, and assessments levied to top up the reserve fund, with the reasons; the current declaration, by-laws and rules; outstanding judgments against the corporation and the status of lawsuits it is party to; the current budget and the last audited financial statements; a list of certain agreements the corporation has entered into; the latest reserve fund study, the reserve fund balance and any plan to increase it; substantial changes the board has proposed but not yet carried out; the number of units leased in the previous fiscal year; and a certificate of insurance for each current policy.

Status Certificatespecial assessmentrepresents and warrantsManagement Agreement

Watch for

This clause gives you a warranty and the seller's consent. It does not give you time to review, or a right to walk away. Those come from a condition in Schedule A; the OREA clause library has two versions, CONDO-1 (review by a specific date) and CONDO-2 (a set number of business days after the documents arrive). Fill in who orders it and who pays.
Reviewing the status certificate is the lawyer's job: special assessments, litigation, reserve fund adequacy, the budget, insurance, the rules. The agent's job is to make sure the lawyer has enough time, and that the conclusion reaches you in writing before the condition expires, before anything is waived or fulfilled.
Under s.76 of the Condominium Act, 1998, the corporation must give the certificate within 10 days after it receives the request and the fee; the fee is capped by regulation (O. Reg. 48/01, s.18(4)). The condition's timing has to allow for that period plus the lawyer's review.
Lenders and lawyers generally want a recent certificate. If the seller's copy was ordered long ago, check its date; a fresh one may be needed.
In a competition with no room for conditions, ask the listing side for an existing certificate before offer night and have the lawyer read it first. If the corporation is in litigation, the seller's side may ask to amend this warranty; have the lawyer read any amended wording too.

Story · Illustrative scenario

A popular unit was holding offers on Thursday. One buyer asked the listing agent on Tuesday for the seller's existing status certificate and had a lawyer read it that day. The lawyer pointed to a major garage repair coming up in the reserve fund study, and a budget that already showed fees rising the following year. The buyer still bid, but with a different ceiling from everyone else. On Thursday night there is no time to learn that.

How it differs from Form 100

Form 100 has nothing like it. With a house you learn the building's condition from your own inspection; with a condo, the walls, roof, garage and elevators belong to the corporation, and the status certificate is how you learn about them.

↑ Back to index

Clause 14

Differs from Form 100

Documents and discharge

What it says

The buyer cannot demand title documents the seller does not hold. The seller agrees to deliver, where it can do so without cost, copies of the corporation's current documents: the declaration and description, the by-laws and rules, and the latest financial statements.

If an institutional mortgage on the unit is not discharged by closing, the buyer accepts the seller's lawyer's personal undertaking to pay it off from the closing funds and register the discharge within a reasonable time, provided the seller supplies the lender's payout statement and, where no real-time electronic transfer is used, a signed direction to pay.

dischargepersonal undertakingmortgage statementDeclaration and Description

Watch for

"Without cost" means the seller need not spend money on it. The reliable source is still the full status certificate package; do not rely on this sentence alone.
If you want the rules read inside the condition period, ask for the documents early. Late documents shrink the reading time.
A seller's lawyer's undertaking to discharge the mortgage is routine in Ontario closings and is handled lawyer to lawyer. It is enough to know the step exists.

Story · Illustrative scenario

The buyer wanted to check the pet rules early and asked the seller for the condo documents on hand. What the seller found was several years old, and the rules had changed since. The review that counted was the lawyer's, on the status certificate package. Old documents give a rough idea; the conclusion rests on the current ones.

How it differs from Form 100

In the matching spot, Form 100's Clause 12 has the seller hand over any survey or sketch it holds, on request. Form 101 replaces that with the corporation's current documents and financial statements. The discharge mechanics are the same on both forms.

Full walkthrough on the Form 100 page (Clause 12) → ↑ Back to index

Clause 15

Condo only

Meetings

What it says

As a representation and warranty, the seller says that at acceptance it has received no notice calling a general or special meeting of the corporation on any of these subjects: terminating the government of the condominium; a substantial alteration, addition or renovation of the common elements; or a substantial change in the corporation's assets or liabilities. The seller also promises that if such a notice arrives before closing, the seller will tell the buyer in writing at once, and the buyer may then treat the agreement as void and recover everything paid, with no interest and no deduction.

represents and warrantscommon elementsnull and void

Watch for

The scope is narrow: only notices of meetings on these three subjects, and only ones the seller has received. A routine annual meeting that does not touch them is outside it.
Between acceptance and closing, ask the listing side to have the seller forward every notice from the corporation. The right this clause gives you only works if the information reaches you in time.
If such a notice does arrive, walking away is your choice, but how and when to exercise it is a question for the lawyer first. The meeting's subject is usually read alongside the reserve fund and budget in the status certificate.

Story · Illustrative scenario

Two weeks after the deal went firm, the seller found a meeting notice in the mailbox: a major garage repair, and borrowing to pay for it. The seller passed it on to the buyer as this clause requires. The buyer's lawyer read it against the reserve fund study in the status certificate, saw the project had long been planned and its funding was clear, and the buyer chose to close. The clause did not take the buyer out of the deal; it let the decision be an informed one.

How it differs from Form 100

Form 100 has no such clause. A house has no owners' meetings and no corporation that can vote to change what you pay.

↑ Back to index

Clause 16

Same as Form 100

Inspection

What it says

The buyer confirms they could have inspected the property, and that once the offer is accepted the deal is binding. The buyer also confirms having had the chance to make a property inspection report a requirement, and agrees that unless the agreement says otherwise, there will be no inspection report.

inspectionproperty inspection report

Watch for

A standard condo inspection focuses on the unit: appliances, plumbing, windows, floors, ventilation. The roof, the envelope and the garage belong to the corporation and are mainly understood through the status certificate and reserve fund study. The condo inspection conditions (INSP-2, INSP-8) can extend to the common elements, subject to the corporation giving access.
The OREA clause library has condo versions of the inspection condition: INSP-2 (general), INSP-5 (seller allowed to remedy) and INSP-8 (third-party inspection).

Story · Illustrative scenario

The buyer reasoned that a condo hardly needs inspecting and left the condition out. In the first winter the bedroom window frosted and leaked air; the cause was failed seals on the frame. Whether that was the unit's or the corporation's depended on how the declaration draws the line, which meant another round of back-and-forth. An inspection takes less time than sorting out responsibility afterwards.

Full walkthrough on the Form 100 page (Clause 13) → ↑ Back to index

Clause 17

Condo only

Approval of the agreement

What it says

If the sale needs the consent of the corporation or its board of directors, the seller applies for it at once; if consent is refused, the agreement is null and void and the deposit goes back to the buyer without interest or penalty.

consentBoard of Directorsnull and void

Watch for

In everyday resale condo deals a consent step is uncommon. The Act lets a declaration restrict sales (s.7(4)(c)), so whether one applies is found in the declaration and the status certificate, and the lawyer confirms it.
The clause sets no deadline for the application. If consent really is needed, put a date in Schedule A so the deal does not hang open.
Do not treat this clause as an exit. It operates only when consent is required and refused, and it has nothing to do with the financing, inspection or status certificate conditions.
In a co-operative building (Form 102), board approval of the buyer is a normal step, which is a different situation. Confirm what kind of ownership you are buying first.

Story · Illustrative scenario

After going firm, the buyer saw a unit they liked better and asked the agent: Clause 17 says the deal is void if the corporation refuses consent, so can that be the way out? It could not. Sales in this building needed no consent at all, so the clause would never be triggered. However much a clause's heading looks like an exit, what matters is when it actually applies.

How it differs from Form 100

Form 100 has no such clause. Selling a house needs no third party's consent.

↑ Back to index

Clause 18

Differs from Form 100

Insurance (condo version)

What it says

Until closing, the unit and everything else being bought stay at the seller's risk. If the property suffers substantial damage, the buyer may choose between two routes: let the insurance money fund repairs as the Insurance Trust Agreement provides, or end the agreement and have the deposit returned without interest or deduction. If the seller is taking back a mortgage, or the buyer is assuming one, the buyer gives the seller reasonable evidence of adequate insurance.

insurancesubstantial damageInsurance Trust Agreementmortgagee

Watch for

Condo insurance comes in two layers. Under s.99 of the Condominium Act, 1998, the corporation must insure the units and common elements against major perils, but not improvements to a unit, judged against the "standard unit" in the declaration or a by-law. Anything beyond that standard (including a previous owner's upgrades) and your contents fall to your own unit policy.
Have your own unit policy in force from closing day; lenders usually want proof before they fund. When you buy it, ask whether it covers the corporation's deductible. Under s.105 of the Condominium Act, 1998, if you, your tenant or anyone living in the unit causes damage to the unit, the lesser of the repair cost and the corporation's deductible is added to your common expenses; a corporation by-law can extend this to damage you did not cause.
Unlike a house, the condo buyer's choice on substantial damage is repair-then-close or walk away, not take the insurance money and close.
The corporation's insurance information is in the status certificate package, and the lawyer reviews it.

Story · Illustrative scenario

Ten days before closing, a pipe burst in the unit above and water came through the ceiling of the one being bought, soaking the floors and cabinets. Under this clause the risk was still the seller's. After talking it through with the lawyer, the buyer chose to let the repairs run through the insurance process and close afterwards, with the date pushed back. Without knowing how this clause reads, the instinctive reaction is to panic and try to back out.

How it differs from Form 100

Form 100's Clause 14 puts the risk on all buildings on the property, has the seller hold the policies in trust for both sides until closing, lets the buyer on substantial damage either terminate or take the insurance proceeds and complete, and says no insurance transfers on closing. Form 101 puts the risk on the unit, changes the buyer's second option from taking the proceeds to letting them fund repairs under the Insurance Trust Agreement, and drops both the sentence on the seller holding the policies in trust and the no-transfer sentence.

Full walkthrough on the Form 100 page (Clause 14) → ↑ Back to index

Clause 19

Differs from Form 100

Document preparation

What it says

The seller pays to have the transfer/deed prepared in a form that can be registered, apart from the Land Transfer Tax Affidavit; any mortgage the buyer gives back to the seller is prepared at the buyer's expense.

Transfer/DeedLand Transfer Tax Affidavit

Watch for

The Land Transfer Tax Affidavit is signed by the buyer. For a unit in the City of Toronto there is a municipal land transfer tax as well. First-time buyer refunds — provincial and, in Toronto, municipal — are claimed by your lawyer at registration.

Story · Illustrative scenario

A first-time buyer in Ontario assumed any rebate had to be claimed after closing. The lawyer asked a few questions while preparing the affidavit and dealt with it there. Tell the lawyer your background early; this one page can matter more than it looks.

How it differs from Form 100

Form 100's Clause 16 has one more sentence: on request, the seller's transfer includes the Planning Act statements under section 50(22). Form 101 has neither that sentence nor Form 100's Clause 15 on the Planning Act.

Full walkthrough on the Form 100 page (Clause 16) → ↑ Back to index

Clauses 20 to 32

Clause 20

Same as Form 100

Residency

What it says

The seller warrants that, for Income Tax Act purposes, it is a Canadian resident now and will be on closing, delivers a statutory declaration to that effect, and the warranty survives closing. Should the seller turn out to be non-resident, the buyer is credited with whatever amount it would need to remit to the Minister of National Revenue, unless the seller delivers the prescribed certificate on closing.

non-residentstatutory declarationprescribed certificate

Watch for

Condo units are often investor-owned, so an overseas seller is more common. If the seller does not live locally, confirm early whether they are a non-resident (living elsewhere is not the same thing) and whether the clearance paperwork is under way.
Holdbacks and release of funds for a non-resident seller are worked out by the lawyers; ask yours whether anything should go into a schedule.

Story · Illustrative scenario

The seller dealt only through the listing agent, and two weeks before closing the buyer's lawyer learned the seller had moved overseas years earlier. The clearance certificate could not be obtained in time, and the lawyer held back part of the funds as the rules require. The seller was unhappy, but one early question would have let everyone plan for it.

Full walkthrough on the Form 100 page (Clause 17) → ↑ Back to index

Clause 21

Differs from Form 100

Adjustments

What it says

These are apportioned to the day of completion, with the day itself charged to the buyer: common expenses, mortgage interest, rents, realty taxes (local improvement charges included), and any unmetered utilities and fuel that are billed to the unit rather than to the corporation. The seller's share of the corporation's assets or liabilities is not adjusted, and that includes the reserve fund or a contingency fund the seller has paid into.

adjustmentsrealty taxeslocal improvement ratesreserve fund

Watch for

The month's common expenses have usually been paid by the seller, and you credit the seller for the days after closing. It shows up on the lawyer's statement of adjustments.
The reserve fund the seller paid into stays with the building: nothing back to the seller, nothing extra charged to you. Whether it is adequate affects your future fees and special assessments, and the lawyer reviews it in the status certificate.
This clause does not say who pays a special assessment already levied and payable in instalments. If the status certificate shows one, settle in Schedule A who pays what before and after closing.

Story · Illustrative scenario

The status certificate showed a special assessment for elevator modernisation, passed the previous year and payable in instalments, with two still due after closing. The agreement said nothing about it. After several rounds between the lawyers, an amendment had the seller pay the remainder on closing. It was visible before the offer, so it could have been settled in the offer.

How it differs from Form 100

Form 100's Clause 18 adjusts rents, mortgage interest, realty taxes and unmetered utilities and fuel. Form 101 adds common expenses, limits utilities and fuel to those billed to the unit, and states that the corporation's reserve and contingency funds are not adjusted.

Full walkthrough on the Form 100 page (Clause 18) → ↑ Back to index

Clause 22

Same as Form 100

Property assessment

What it says

Both sides acknowledge that Ontario assesses property at current value and can reassess it every year, and agree not to claim against each other or any brokerage for tax changes caused by reassessment, apart from taxes accrued before completion.

current value assessmentre-assessed

Watch for

Each condo unit is assessed and taxed separately. Last year's tax bill gives you a rough idea; the municipality's figures are what count.

Story · Illustrative scenario

The buyer budgeted on the tax figure in the listing, and the first bill after moving in was noticeably higher. The reason was simple: the listing showed a figure several years old. This clause makes clear nobody can be blamed for that kind of gap. Budget on the latest bill.

Full walkthrough on the Form 100 page (Clause 19) → ↑ Back to index

Clause 23

Same as Form 100

Time limits

What it says

Time is of the essence in every respect. Any deadline can be extended or shortened only by a written agreement signed by the buyer and seller, or by their lawyers if specifically authorised.

time shall be of the essenceextended or abridged

Watch for

If the status certificate is late or the lawyer runs out of time, the condition period does not extend itself. An extension needs a signed written amendment before the deadline.

Story · Illustrative scenario

The corporation was slower than expected and the status certificate arrived the day before the condition expired. The buyer's agent sent a two-day extension that morning and the seller signed it back by noon. The lawyer finished within the new deadline and the buyer waived with confidence. Extensions are arranged while there is still time.

Full walkthrough on the Form 100 page (Clause 20) → ↑ Back to index

Clause 24

Same as Form 100

Tender

What it says

On the closing day, documents or money may be tendered on the other party or their lawyer. Money must come from a lawyer's trust account, by certified cheque, bank draft, or a wire over Lynx, the high-value payment system.

tenderlawyer's trust accountwire transfer (Lynx)

Watch for

Get the balance to your lawyer ahead of time. Funds that arrive late in the afternoon may leave the lawyer no time, and closing can slip.

Story · Illustrative scenario

The buyer's down payment came from abroad and reached the lawyer's account at three on closing day. Registration went through just before the office closed, with everyone sweating. The longer the money's route, the earlier it needs to start.

Full walkthrough on the Form 100 page (Clause 21) → ↑ Back to index

Clause 25

Same as Form 100

Family Law Act

What it says

The seller warrants that the sale needs no spousal consent under the Family Law Act, unless the seller's spouse has signed the consent further down the form.

Family Law Actspousal consent

Watch for

A unit in one name may still be a matrimonial home. Whether the spouse must sign is for the listing side to confirm; it is the seller's warranty, not something the buyer has to prove.

Story · Illustrative scenario

The seller was alone on title; the listing agent asked and learned it had been the couple's home throughout the marriage. The spouse signed the spousal consent and closing went smoothly. That one question removed a problem that could have stalled the deal at the last minute.

Full walkthrough on the Form 100 page (Clause 22) → ↑ Back to index

Clause 26

Same as Form 100

UFFI

What it says

The seller warrants that it did not have any building insulated with urea formaldehyde foam insulation while it owned the property and that, as far as it knows, none was ever present; the warranty survives closing. Where the building has multiple units, the warranty covers only the part being sold.

UFFIsurvive and not merge

Watch for

The last sentence is the one that matters for a condo: the seller warrants only the unit you are buying, not the whole building.

Story · Illustrative scenario

The buyer asked whether the seller could vouch that the whole building was free of UFFI; the seller's agent replied that the form only asks the seller to answer for the unit. Information about the building comes from the corporation and the status certificate. Knowing who can warrant what is how you ask the right person.

Full walkthrough on the Form 100 page (Clause 23) → ↑ Back to index

Clause 27

Same as Form 100

Legal, accounting and environmental advice

What it says

Both sides accept that nothing the brokerage tells them counts as legal, tax or environmental advice.

legal advicetax advice

Watch for

The legal review of the status certificate, what a special assessment or lawsuit means, whether the reserve fund is adequate: that is the lawyer. Tax on a rental unit: an accountant. The agent's part is to get the right questions asked and enough time left to answer them.

Story · Illustrative scenario

The buyer asked the agent whether the reserve fund figure in the study was enough. The answer: that is for the lawyer, and I can set up a call with the lawyer this afternoon. Sometimes the most useful thing an agent does is hand the question to the right person.

Full walkthrough on the Form 100 page (Clause 24) → ↑ Back to index

Clause 28

Same as Form 100

Consumer reports

What it says

A notice to the buyer: a consumer report with credit or personal information about them may be consulted for this deal.

consumer report

Watch for

It rarely comes up in an ordinary condo purchase. If the seller is lending you money (a vendor take-back), the seller may check your credit.

Story · Illustrative scenario

The buyer was uneasy about this clause, assuming the seller would check his credit. The deal was financed by a bank, and the seller had neither reason nor occasion to look. The clause is a notice, not an action.

Full walkthrough on the Form 100 page (Clause 25) → ↑ Back to index

Clause 29

Same as Form 100

Agreement in writing

What it says

Where an added provision, including a schedule, conflicts with the pre-set text, the added provision wins to the extent of the conflict. The agreement with its schedules is the whole agreement; no other promise, warranty, side agreement or condition outside it applies.

entire Agreementcollateral agreement

Watch for

"Fees include hydro", "the parking goes with the unit", "the locker is yours": anything said out loud goes into the agreement. If it is not written, this clause says it does not exist.
When a schedule changes the status certificate terms or the Clause 13 warranty, check that it does not quietly override a pre-set protection that favoured you.

Story · Illustrative scenario

At the showing the listing agent said "consider the locker thrown in", and nothing was written. After closing, management told the buyer the locker did not belong to the unit. A spoken line from an agent does not outweigh a written one in the agreement.

Full walkthrough on the Form 100 page (Clause 26) → ↑ Back to index

Clause 30

Same as Form 100

Electronic signatures

What it says

Both sides consent to electronic signatures under Ontario's Electronic Commerce Act, 2000, for this agreement and other documents in the transaction.

electronic signaturesElectronic Commerce Act

Watch for

After e-signing, check that every initial and signature is there before the package goes out. No warning from the platform does not mean nothing was missed.

Story · Illustrative scenario

An e-signed offer came back with one party's initials missing from Schedule A. The other lawyer caught it in the pre-closing review and asked for it to be fixed. E-signing saves the courier, not the check.

Full walkthrough on the Form 100 page (Clause 27) → ↑ Back to index

Clause 31

Same as Form 100

Time and date

What it says

Times and dates in the agreement are read on the clock and calendar of the place where the property is.

time and date

Watch for

When a buyer or seller signs from abroad, the irrevocable time and condition deadlines run on the property's local time, not the signer's.

Story · Illustrative scenario

An overseas seller signed back in the evening local time, believing the offer was still open. On the property's time, the irrevocable deadline had passed hours earlier. Those few hours gave the buyer a fresh chance to reconsider.

Full walkthrough on the Form 100 page (Clause 28) → ↑ Back to index

Clause 32

Same as Form 100

Successors and assigns

What it says

Whoever steps into a signer's shoes is bound too: heirs, executors, estate administrators, successors and assigns.

heirs, executorssuccessors and assigns

Watch for

If a party dies before closing, the estate carries the agreement forward.
Whether you can assign the agreement to someone else before closing is a separate question that this clause does not settle. If you have that in mind, ask the lawyer first.

Story · Illustrative scenario

After signing, the buyer wanted the purchase to go through his holding company instead. The agent did not treat Clause 32 as the answer and sent the question to the lawyer: would the seller agree, and what were the tax effects. The result was a separate term added by amendment. This clause is about who is bound, not about who may take over.

Full walkthrough on the Form 100 page (Clause 29) → ↑ Back to index

Execution area and schedule

Execution area · Buyer execution

Same as Form 100

Buyer signature

What it says

Each buyer signs, seals and delivers in the presence of a witness, one line per buyer, with the date.

SIGNED, SEALED AND DELIVEREDSealWitness

Watch for

The signature is what makes the agreement work. Every buyer signs, and the names match the buyer block at the front of the form.
With e-signing the witness line is usually left blank. Whether a witness is needed follows your brokerage's and lawyer's practice.

Story · Illustrative scenario

A couple was buying, and only one signed online; the other assumed one signature was enough. The seller's agent asked for the second before treating it as a complete offer. On a competitive night, that round trip can decide the outcome.

Full walkthrough on the Form 100 page → ↑ Back to index

Execution area · Seller execution

Same as Form 100

Seller signature and commission direction

What it says

The seller signs to accept the offer and, in the same sentence, irrevocably instructs its lawyer to pay the unpaid commission and applicable HST directly to the brokerage from the sale proceeds on closing, before paying the seller.

irrevocably instructproceeds of the sale

Watch for

This is between the seller and the brokerages; it does not change what the buyer pays. As a buyer, you only need to see the seller's signatures are complete.

Story · Illustrative scenario

A buyer asked whether the commission wording in the seller's signature block meant he had to pay it too. No. That passage is the seller authorising its lawyer to pay commission from the proceeds; the buyer pays the price in the agreement plus their own closing costs.

Full walkthrough on the Form 100 page → ↑ Back to index

Execution area · Spousal consent

Same as Form 100

Spousal consent

What it says

The seller's spouse consents to the sale under the Family Law Act and agrees to sign whatever is needed to complete it.

Spousal Consentnon-owner spouse

Watch for

Whether this line is needed is for the listing side to confirm. If it is needed and unsigned, the problem is the seller's, but it slows the whole deal.

Story · Illustrative scenario

The owner signed, and the spousal line was blank. The buyer's lawyer raised it before closing; the listing agent confirmed the unit was the matrimonial home and the spouse signed. One blank line became an urgent errand a week before closing.

Full walkthrough on the Form 100 page → ↑ Back to index

Execution area · Confirmation of acceptance

Same as Form 100

Confirmation of acceptance

What it says

The last party to sign confirms the date and time at which the agreement, with all typed and handwritten changes, was finally accepted by everyone.

Confirmation of Acceptancefinally accepted

Watch for

The 24 hours for an "upon acceptance" deposit, and any condition counted in days after acceptance, run from this moment. If the status certificate condition in a condo offer counts from acceptance, this is where it starts.

Story · Illustrative scenario

The line was left blank, and the two sides disagreed about the deposit deadline. The agreement was still valid, but a morning went into arguing about when acceptance happened. If the last signer fills it in, the argument never starts.

Full walkthrough on the Form 100 page → ↑ Back to index

Execution area · Information on brokerages

Differs from Form 100

Brokerage and property manager information

What it says

The listing brokerage and the co-operating or buyer brokerage, with phone numbers and the name of the salesperson, broker or broker of record. The condo form adds a line underneath for the property manager's name, address and phone or fax.

Listing BrokerageCo-op/Buyer BrokerageProperty Manager

Watch for

Do not leave the property manager line blank. The status certificate request, the move-in elevator booking, parking and fob registration and key handover all go through this office. The listing side can get the details from management and fill them in.
The brokerage line carries the registered legal name, matching the brokerage's registration.

Story · Illustrative scenario

A week before closing the buyer needed to book the service elevator and found the property manager line blank. The listing agent was on holiday, and it took several calls to find management's contact details. One extra minute on this line at signing saves several errands in the final week.

How it differs from Form 100

Form 100's brokerage block has only the listing and co-operating brokerages. Form 101 adds the property manager line.

Full walkthrough on the Form 100 page → ↑ Back to index

Execution area · Acknowledgement

Same as Form 100

Acknowledgement

What it says

Each side acknowledges receiving its signed copy of the accepted agreement and lets the brokerage send a copy on to its lawyer, and fills in an address for service, phone, and the lawyer's name, address, email, phone and fax.

AcknowledgementAddress for Service

Watch for

Keep a complete copy, every schedule and amendment included. The status certificate deadline and every other date should be read against it.
Fill in the lawyer's details completely. Once the agreement is accepted, the status certificate goes straight to the lawyer, so the earlier the lawyer is chosen, the better.

Story · Illustrative scenario

When the offer was accepted the buyer had not chosen a lawyer, and the line was blank. The status certificate arrived the next day; finding a lawyer took two days, and the condition period lost two days with it. Choose the lawyer before you sign the offer.

Full walkthrough on the Form 100 page → ↑ Back to index

Execution area · Commission trust agreement

Same as Form 100

Commission trust agreement

What it says

For office use only. The listing brokerage declares to the co-operating brokerage that money received or receivable in connection with the transaction is held in trust under the real estate board's MLS® rules; it is dated as of acceptance and signed by someone authorised to bind each brokerage.

Commission Trust Agreementin trust

Watch for

This is between the two brokerages. Neither buyer nor seller signs it, and it does not affect your rights or obligations.

Story · Illustrative scenario

Seeing "trust" in this block, a buyer worried that it concerned the deposit. It does not. The deposit is held by the deposit holder under the deposit block at the front of the form; this block is about commission between brokerages.

Full walkthrough on the Form 100 page → ↑ Back to index

Schedule A

Schedule A: where a condo offer is really negotiated

What it says

Schedule A's heading ties it to this condominium resale agreement, repeats the buyer, seller, property and agreement date, and its body opens with how the buyer will pay the balance. The form requires every party to initial it. Conditions and every special term are written here.

Schedulebalanceinitialled

Watch for

The most common condo condition is the status certificate review, in two library versions: CONDO-1 with a fixed date, CONDO-2 a set number of business days after the documents arrive. Which one, who orders it and who pays are all settled here.
Other common condo terms: the financing condition; the condo inspection conditions (INSP-2, INSP-5, INSP-8); fob and key delivery (CONDO-11); confirmation of who owns the parking and locker; and who pays a special assessment already levied.
OREA's standard clauses are guidance, not mandatory wording; have the lawyer look at any edited clause. Added terms override the pre-set text (Clause 29), so avoid repeating what the pre-printed clauses already cover.
If it runs out of room, add Form 105 pages and list them in the schedules line at the front of the form.

Story · Illustrative scenario

Two offers on the same unit, close in price. One Schedule A had only a financing condition; the other set out a status certificate review (the seller providing its existing certificate, the buyer paying for an update), the number of fobs and a confirmation of the parking number. The seller chose the second because it looked clearer and less likely to surprise anyone. A well-written schedule protects the buyer and reassures the seller.

How it differs from Form 100

Schedule A is built the same way as on Form 100, with a condominium resale heading. The difference is in what goes into it: a condo schedule usually adds the status certificate, parking and locker, and fob terms.

Full walkthrough on the Form 100 page → ↑ Back to index

      Part three · Before you sign
    

Forty-seven cards, folded into ten questions.

Before a condo offer goes out, run the draft against these ten. If any one has no answer yet, hold off on signing.

01 · Unit and parkingAre the legal unit and level numbers right, and is each parking space and locker identified by number as owned, exclusive-use or rented from the corporation? (Property, Clause 8)

02 · Common expensesIs the approximate monthly amount stated, with every included item named, and does it match the status certificate? (Clause 7)

03 · Status certificateIs there a review condition in Schedule A, who orders and pays, and does the deadline allow for delivery plus the lawyer's review? (Clause 13, Schedule A)

04 · LawyerIs the lawyer chosen, and are their details in the Acknowledgement? (Acknowledgement)

05 · RulesDo your plans for pets, leasing, short-term rental or renovation fit the building's declaration and rules? (Clause 11)

06 · Special assessmentsDo you have the lawyer's written view on special assessments, litigation and the reserve fund, and does a schedule say who pays an assessment already levied? (Clause 21)

07 · DepositCan the funds move within 24 hours of acceptance, and if paying electronically, is the matching clause in the schedule? (Deposit)

08 · InsuranceIs your unit policy arranged from closing day, and have you asked about cover for the corporation's deductible? (Clause 18)

09 · Moving inDoes the closing date fit the building's move-in rules, and is the property manager line filled in? (Clause 2, Brokerage information)

10 · Verbal promisesIs everything said out loud, such as the number of fobs, the locker, "fees include hydro", written into the agreement? (Clause 29, Clause 4)

FAQ

What condo buyers ask most about this agreement.

What is a status certificate, and do I need a condition to review it?

A status certificate is the package a condominium corporation issues on the current position of the corporation and the unit you are buying: common expenses and any arrears, the budget, the reserve fund, insurance, litigation, the rules and more. Clause 13 of Form 101 gives you only the seller's warranty and consent to request it, not time to review or a right to walk away, so a review condition (OREA clause CONDO-1 or CONDO-2) is normally added to Schedule A and the lawyer does the review. You can offer without one, but then you are bound before anyone has read those documents.

In a bidding war I cannot include conditions. What about the status certificate?

Do the work before you bid. Ask the listing side whether the seller has an existing status certificate, and have your lawyer read it before offer night. If the seller's copy is old, your lender may still want a newer one, so ask about that early too. The agent's part is making the time; how much risk is in the documents is the lawyer's call.

How is Form 101 different from Form 100?

Same skeleton, different thing being bought. Form 101 describes the property the condominium way (corporation, plan number, unit, level, parking, locker and a share of the common elements), adds five clauses on common expenses, parking and lockers, the status certificate, meetings and approval of the agreement, drops Future Use and the Planning Act, and rewrites title search, title, documents and discharge, insurance, document preparation and adjustments (Clauses 10, 11, 14, 18, 19 and 21), along with the property and brokerage-information blocks. The other clauses mean the same thing, under the same or shifted numbers.

If a special assessment is approved between signing and closing, who pays?

No pre-printed sentence answers it directly. Clause 13 is the seller's warranty that no assessment is contemplated, Clause 15 covers only meeting notices on particular subjects, and the Clause 21 adjustments do not include it. In practice it is either written into Schedule A beforehand or worked out between the lawyers under the agreement afterwards. Once the status certificate shows an assessment under discussion or already passed, put who pays into a schedule at offer stage or during the condition period.

Is Form 101 used for condo townhouses and pre-construction?

An ordinary condominium townhouse or stacked town is a condominium unit, so Form 101 applies. A freehold home tied to a common elements condominium, such as a private road, uses Form 111. Pre-construction is usually bought on the builder's own agreement, not this form. The lawyer confirms the type of ownership from the title register.

The form is in English. Can I sign a Chinese version?

The OREA form you sign is in English, and the signed English agreement is the contract. The Chinese here is a reference aid, not an official translation; have your agent explain each clause in Chinese, and ask your lawyer about anything unclear, before you sign.

What this contract connects to.

Found a condo and about to make an offer?
Bring it. We read it together.

A 60-minute buyer strategy session: the property block, common expenses, parking and locker, the status certificate condition and Schedule A, line by line, before you decide how to bid.

Book the 60-minute session Back to the clause index ↑

* Sources: Ontario Real Estate Association, Form 101 "Agreement of Purchase and Sale – Condominium Resale" (OREA's published text); Form 100 "Agreement of Purchase and Sale" for comparison; the OREA residential clause library; the OREA Standard Forms index; Condominium Act, 1998; Family Law Act; Electronic Commerce Act, 2000.

* OREA standard forms and clauses are the copyright of the Ontario Real Estate Association. This page explains each block and clause in its own words, citing clause numbers and clause library codes; it does not reproduce the form text or the clause wording. Chinese glosses beside terms are reference translations, not official text; the English form governs.

* This page is a broker's process commentary and does not constitute legal advice. The status certificate review, special assessments, litigation and the adequacy of a reserve fund are matters for a licensed lawyer. How any clause binds you depends on the agreement you actually sign and on your lawyer's review. The stories on this page are illustrative scenarios and do not describe any real client or transaction.

* This page deliberately prints no prices, condo fee amounts or commission figures. They vary by unit, building and agreement; your agreement and the status certificate govern.

The Ontario condo agreement of purchase and sale,read clause by clause before you sign.

What is OREA Form 101, the Ontario condo agreement of purchase and sale?

Three parts, each with its own job.

Clause index

Agreement date

Buyer

Seller

The property: unit, parking, locker and your share of the common elements

Purchase price

Deposit

Schedules

Irrevocability

Completion date

Notices

Chattels included

Fixtures excluded

Rental items

Common expenses

Parking and lockers

HST

Title search

Title

Closing arrangements

Status certificate and management of the condominium

Documents and discharge

Meetings

Inspection

Approval of the agreement

Insurance (condo version)

Document preparation

Residency

Adjustments

Property assessment

Time limits

Tender

Family Law Act

UFFI

Legal, accounting and environmental advice

Consumer reports

Agreement in writing

Electronic signatures

Time and date

Successors and assigns

Buyer signature

Seller signature and commission direction

Spousal consent

Confirmation of acceptance

Brokerage and property manager information

Acknowledgement

Commission trust agreement

Schedule A: where a condo offer is really negotiated

Forty-seven cards, folded into ten questions.

What condo buyers ask most about this agreement.

What is a status certificate, and do I need a condition to review it?

In a bidding war I cannot include conditions. What about the status certificate?

How is Form 101 different from Form 100?

If a special assessment is approved between signing and closing, who pays?

Is Form 101 used for condo townhouses and pre-construction?

The form is in English. Can I sign a Chinese version?

What this contract connects to.

Form 100, clause by clause

Buyer Representation Agreement

Listing Agreement

Toronto condo buying guide

Toronto condo buildings

Closing costs

Title insurance

Ontario real estate glossary

Found a condo and about to make an offer?Bring it. We read it together.

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The Ontario condo agreement of purchase and sale,
read clause by clause before you sign.

Found a condo and about to make an offer?
Bring it. We read it together.