Right of Survivorship. Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and agreed that if the Purchaser comprises more than one individual, then all individuals comprising the Purchaser shall be deemed and construed to have acquired the Property on joint account with right of survivorship, and accordingly should any of the individuals comprising of the Purchaser die before Closing and the completion of this Agreement, then the Vendor is hereby irrevocably authorized and directed to engross the Transfer/Deed in the name of the surviving individual(s) comprising the Purchaser, without requiring probate of the deceased individual’s last will and testament (and regardless of the provisions of any last will and testament of the deceased individual comprising the Purchaser and/or any rules applicable on his or her intestacy), provided however that the surviving individual(s) comprising the Purchaser shall nevertheless be obliged to deliver to the Vendor’s solicitor a notarial copy of the death certificate, or the funeral director’s certificate, or other satisfactory proof of death of the deceased individual comprising the Purchaser, and shall also be obliged to execute and deliver, on or before Closing, the Vendor’s standard form of indemnity pursuant to which the surviving individual(s) comprising the Purchaser shall jointly and severally indemnify and save the Vendor and its solicitors harmless from and against all costs, claims, damages and/or liabilities which either or both of them may suffer or incur as a result of transferring title to the Property to the surviving individual(s) exclusively (including any claims from any children, relatives or other heirs of the deceased individual comprising the Purchaser, or from any beneficiaries of the estate of the deceased individual comprising the Purchaser).
Appears in 3 contracts
Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale, Agreement of Purchase and Sale
Right of Survivorship. DRAFT Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and agreed that if the Purchaser comprises more than one individual, then all individuals comprising the Purchaser shall be deemed and construed to have acquired the Property on joint account with right of survivorship, and accordingly should any of the individuals comprising of the Purchaser die before Closing and the completion of this Agreement, then the Vendor is hereby irrevocably authorized and directed to engross the Transfer/Deed in the name of the surviving individual(s) comprising the Purchaser, without requiring probate of the deceased individual’s last will and testament (and regardless of the provisions of any last will and testament of the deceased individual comprising the Purchaser and/or any rules applicable on his or her intestacy), provided however that the surviving individual(s) comprising the Purchaser shall nevertheless be obliged to deliver to the Vendor’s solicitor a notarial copy of the death certificate, or the funeral director’s certificate, or other satisfactory proof of death of the deceased individual comprising the Purchaser, and shall also be obliged to execute and deliver, on or before Closing, the Vendor’s standard form of indemnity pursuant to which the surviving individual(s) comprising the Purchaser shall jointly and severally indemnify and save the Vendor and its solicitors harmless from and against all costs, claims, damages and/or liabilities which either or both of them may suffer or incur as a result of transferring title to the Property to the surviving individual(s) exclusively (including any claims from any children, relatives or other heirs of the deceased individual comprising the Purchaser, or from any beneficiaries of the estate of the deceased individual comprising the Purchaser). Purchase price includes the following: Exterior and Mechanical Features SCHEDULE “A” FEATURES & FINISHES • Architectural Controlled designs with a broad selection of exterior packages, blended to give variety throughout the streetscape. • Low maintenance aluminum soffits, fascia, eavestroughs and downspouts, all colour coordinated. • (Vendors standard samples). • Poured concrete basement walls with damp proofing, weeping tile and exterior drainage membrane. • Colour coordinated, low-e argon filled vinyl casement windows on all elevations, excluding white basement windows which will receive standard sliders (where applicable). All operable windows to receive screens. • Exterior windows and doors sealed with high-grade caulking and completed with weather stripping to all exterior doors. • Pre-cast concrete slab walkway; from driveway to front entry (per applicable plan, where grade permits). • Insulated Pre-finished roll-up overhead garage doors. • Engineered Floor Joist System with tongue and groove subflooring, glued and screwed to joists. • Colour Coordinated Asphalt shingles. • All driveways consist of base and top coat layers, applied in two separate stages (second coat applied within approximately one year of first coat). • All lots to be graded and sodded as per approved grading plans. DRAFT • Sunken entrances may be required due to grading and/or as per plan. • Architecturally inspired 7’ front entry door with side panel window, as per plan. • House fully insulated, 2x6 wall assembly with R22 batt, attics blown-in R60, cathedral ceilings R31, exposed floor insulation R31, full height R20 basement blanket wrap insulation, as per Ontario Building Code standards. • Fully drywalled Garage. • Fully ducted mechanical including high efficiency forced gas central heating. • Heat Recovery Ventilator (HRV) for fresh air exchange, energy efficiency and a healthier home. • High efficiency HVAC system designed to provide superior comfort and reliable heating (and cooling, where/when applicable). • Continuous air barrier for increased air tightness and energy efficiency. Electrical • 100 Amp. Electrical service with breaker panel and copper wiring throughout the home. • All electrical to meet ESA (electrical safety authority) standards. • Wired Smoke detectors and carbon monoxide detectors (as per Ontario Building Code). • 220 Volt heavy- duty receptacle for stove and dryer. • One (1) receptacle installed on the wall and one (1) receptacle installed in the ceiling (for future garage door opener) for each garage parking space. • LED bulbs in all compatible fixtures. • Decorative exterior coach light(s) on exterior elevations (as per plan). • White Decora light switches and receptacles throughout. • Soffit outlet (as per plan) for seasonal festive lighting. • 2 exterior weatherproof outlets (1 at the front porch and 1 at the rear of the house). • 1 CAT 5 wiring, location to be determined by Purchaser. • Single switch operating all basement lights. • Waterproof recessed pot light to shower enclosure in master bathroom. • 2 exterior hose bibs, one located at the rear of the home, locations to be determined by Vendor. • 3 piece rough-in in the basement as per plan. Interior Features and flooring • Basement Featuring 8’ +/- concrete walls. • Main floor featuring 9’ ceilings, Second floor 8’ ceilings (except at coffered, sloped or cathedral ceilings, and where drops are needed for structural or mechanical systems). Many designs including vaulted, coffered or cathedral options as per plan. • Stippled ceilings throughout the home with flat white painted ceilings in kitchen, bathrooms, laundry. • 3” premium quality natural finished engineered oak strip flooring, excluding tiled areas (as per plan). • A wide assortment of 12”x12” or 13”x13” ceramic floor tiles (as per plan). • Quality choice of 40oz. Broadloom on approximately 1/2" underpad on second floor excluding tiled areas, from Vendor's standard samples. • Main staircase, stair stringers, treads, risers and railing to be oak, natural stained (as per plan), excluding stairs to the basement which shall be paint grade. Main floor stair landings (where applicable) to receive site finished oak flooring from Vendor's samples of pre-selected natural finishes. • Approximately 4” baseboards and 2-3/4" casings on swing doors, sliding doors and windows throughout all finished areas (where applicable). Finish moulding and trimmed archways installed to all ceramic and hardwood areas. • Gas fireplace on the main floor (as per applicable plan), complete with standard black trim, tempered glass panel, decorative log set and remote ignition switch with white painted mantel. • Modern 2-panel interior swing doors throughout • Brushed nickel lever interior door hardware for interior doors, with matching hinges for all interior swing doors. Privacy door locks to all bathrooms and master bedroom (where applicable). • Vanity mirrors in all bath and powder rooms. • MDF shelving in all bedroom and linen closets.
Appears in 1 contract
Samples: Agreement of Purchase and Sale
Right of Survivorship. Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and agreed that if the Purchaser comprises more than one individual, then all individuals comprising the Purchaser shall be deemed and construed to have acquired the Property on joint account with right of survivorship, and accordingly should any of the individuals comprising of the Purchaser die before Closing and the completion of this Agreement, then the Vendor is hereby irrevocably authorized and directed to engross the Transfer/Deed in the name of the surviving individual(s) comprising the Purchaser, without requiring probate of the deceased individual’s last will and testament (and regardless of the provisions of any last will and testament of the deceased individual comprising the Purchaser and/or any rules applicable on his or her intestacy), provided however that the surviving individual(s) comprising the Purchaser shall nevertheless be obliged to deliver to the Vendor’s solicitor a notarial copy of the death certificate, or the funeral director’s certificate, or other satisfactory proof of death of the deceased individual comprising the Purchaser, and shall also be obliged to execute and deliver, on or before Closing, the Vendor’s standard form of indemnity pursuant to which the surviving individual(s) comprising the Purchaser shall jointly and severally indemnify and save the Vendor and its solicitors harmless from and against all costs, claims, damages and/or liabilities which either or both of them may suffer or incur as a result of transferring title to the Property to the surviving individual(s) exclusively (including any claims from any children, relatives or other heirs of the deceased individual comprising the Purchaser, or from any beneficiaries of the estate of the deceased individual comprising the Purchaser).. SCHEDULE "R”
Appears in 1 contract
Samples: Agreement of Purchase and Sale
Right of Survivorship. DRAFT Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and agreed that if the Purchaser comprises more than one individual, then all individuals comprising the Purchaser shall be deemed and construed to have acquired the Property on joint account with right of survivorship, and accordingly should any of the individuals comprising of the Purchaser die before Closing and the completion of this Agreement, then the Vendor is hereby irrevocably authorized and directed to engross the Transfer/Deed in the name of the surviving individual(s) comprising the Purchaser, without requiring probate of the deceased individual’s last will and testament (and regardless of the provisions of any last will and testament of the deceased individual comprising the Purchaser and/or any rules applicable on his or her intestacy), provided however that the surviving individual(s) comprising the Purchaser shall nevertheless be obliged to deliver to the Vendor’s solicitor a notarial copy of the death certificate, or the funeral director’s certificate, or other satisfactory proof of death of the deceased individual comprising the Purchaser, and shall also be obliged to execute and deliver, on or before Closing, the Vendor’s standard form of indemnity pursuant to which the surviving individual(s) comprising the Purchaser shall jointly and severally indemnify and save the Vendor and its solicitors harmless from and against all costs, claims, damages and/or liabilities which either or both of them may suffer or incur as a result of transferring title to the Property to the surviving individual(s) exclusively (including any claims from any children, relatives or other heirs of the deceased individual comprising the Purchaser, or from any beneficiaries of the estate of the deceased individual comprising the Purchaser). Purchase price includes the following: Exterior and Mechanical Features SCHEDULE “A” FEATURES & FINISHES • Architectural Controlled designs with a broad selection of exterior packages, blended to give variety throughout the streetscape. • Low maintenance aluminum soffits, fascia, eavestroughs and downspouts, all colour coordinated. • (Vendors standard samples). • Poured concrete basement walls with damp proofing, weeping tile and exterior drainage membrane. • Colour coordinated, low-e argon filled vinyl casement windows on all elevations, excluding white basement windows which will receive standard sliders (where applicable). All operable windows to receive screens. • Exterior windows and doors sealed with high-grade caulking and completed with weather stripping to all exterior doors. • Pre-cast concrete slab walkway; from driveway to front entry (per applicable plan, where grade permits). • Insulated Pre-finished roll-up overhead garage doors. • Engineered Floor Joist System with tongue and groove subflooring, glued and screwed to joists. • Colour Coordinated Asphalt shingles. • All driveways consist of base and top coat layers, applied in two separate stages (second coat applied within approximately one year of first coat). DRAFT • All lots to be graded and sodded as per approved grading plans. • Sunken entrances may be required due to grading and/or as per plan. • Architecturally inspired 7’ front entry door with side panel window, as per plan. • House fully insulated, 2x6 wall assembly with R22 batt, attics blown-in R60, cathedral ceilings R31, exposed floor insulation R31, full height R20 basement blanket wrap insulation, as per Ontario Building Code standards. • Fully drywalled Garage. • Fully ducted mechanical including high efficiency forced gas central heating. • Heat Recovery Ventilator (HRV) for fresh air exchange, energy efficiency and a healthier home. • High efficiency HVAC system designed to provide superior comfort and reliable heating (and cooling, where/when applicable). • Continuous air barrier for increased air tightness and energy efficiency. Electrical • 100 Amp. Electrical service with breaker panel and copper wiring throughout the home. • All electrical to meet ESA (electrical safety authority) standards. • Wired Smoke detectors and carbon monoxide detectors (as per Ontario Building Code). • 220 Volt heavy- duty receptacle for stove and dryer. • One (1) receptacle installed on the wall and one (1) receptacle installed in the ceiling (for future garage door opener) for each garage parking space. • LED bulbs in all compatible fixtures. • Decorative exterior coach light(s) on exterior elevations (as per plan). • White Decora light switches and receptacles throughout. • Soffit outlet (as per plan) for seasonal festive lighting. • 2 exterior weatherproof outlets (1 at the front porch and 1 at the rear of the house). • 1 CAT 5 wiring, location to be determined by Purchaser. • Single switch operating all basement lights. • Waterproof recessed pot light to shower enclosure in master bathroom. • 2 exterior hose bibs, one located at the rear of the home, locations to be determined by Vendor. • 3 piece rough-in in the basement as per plan. Interior Features and flooring • Basement Featuring 8’ +/- concrete walls. • Main floor featuring 9’ ceilings, Second floor 8’ ceilings (except at coffered, sloped or cathedral ceilings, and where drops are needed for structural or mechanical systems). Many designs including vaulted, coffered or cathedral options as per plan. • Stippled ceilings throughout the home with flat white painted ceilings in kitchen, bathrooms, laundry. • 3” premium quality natural finished engineered oak strip flooring, excluding tiled areas (as per plan). • A wide assortment of 12”x12” or 13”x13” ceramic floor tiles (as per plan). • Quality choice of 40oz. Broadloom on approximately 1/2" underpad on second floor excluding tiled areas, from Vendor's standard samples. • Main staircase, stair stringers, treads, risers and railing to be oak, natural stained (as per plan), excluding stairs to the basement which shall be paint grade. Main floor stair landings (where applicable) to receive site finished oak flooring from Vendor's samples of pre-selected natural finishes. • Approximately 4” baseboards and 2-3/4" casings on swing doors, sliding doors and windows throughout all finished areas (where applicable). Finish moulding and trimmed archways installed to all ceramic and hardwood areas. • Gas fireplace on the main floor (as per applicable plan), complete with standard black trim, tempered glass panel, decorative log set and remote ignition switch with white painted mantel. • Modern 2-panel interior swing doors throughout • Brushed nickel lever interior door hardware for interior doors, with matching hinges for all interior swing doors. Privacy door locks to all bathrooms and master bedroom (where applicable). • Vanity mirrors in all bath and powder rooms. • MDF shelving in all bedroom and linen closets.
Appears in 1 contract
Samples: Agreement of Purchase and Sale
Right of Survivorship. Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and agreed that if the Purchaser comprises more than one individual, then all individuals comprising the Purchaser shall be deemed and construed to have acquired the Property on joint account with right of survivorship, and accordingly should any of the individuals comprising of the Purchaser die before Closing and the completion of this Agreement, then the Vendor is hereby irrevocably authorized and directed to engross the Transfer/Deed in the name of the surviving individual(s) comprising the Purchaser, without requiring probate of the deceased individual’s last will and testament (and regardless of the provisions of any last will and testament of the deceased individual comprising the Purchaser and/or any rules applicable on his or her intestacy), provided however that the surviving individual(s) comprising the Purchaser shall nevertheless be obliged to deliver to the Vendor’s solicitor a notarial copy of the death certificate, or the funeral director’s certificate, or other satisfactory proof of death of the deceased individual comprising the Purchaser, and shall also be obliged to execute and deliver, on or before Closing, the Vendor’s standard form of indemnity pursuant to which the surviving individual(s) comprising the Purchaser shall jointly and severally indemnify and save the Vendor and its solicitors harmless from and against all costs, claims, damages and/or liabilities which either or both of them may suffer or incur as a result of transferring title to the Property to the surviving individual(s) exclusively (including any claims from any children, relatives or other heirs of the deceased individual comprising the Purchaser, or from any beneficiaries of the estate of the deceased individual comprising the Purchaser). SCHEDULE “A” FEATURES [*VENDOR TO PROVIDE FEATURE LIST] Please note: The Vendor shall have the right to make reasonable changes in the opinion of the Vendor in the plans and specifications if required and to substitute other material for that provided for herein with material that is of equal or better quality than that provided for herein. The determination of whether or not a substitute material is of equal or better quality shall be made by the Vendor's architect whose determination shall be final and binding. Colour, texture, appearance, etc. of features and finishes installed in the Property may vary from Vendor's samples as a result of normal manufacturing and installation processes. E & O.E. COPY OF PLANS OR DRAWINGS [*VENDOR TO PROVIDE PLANS AND FLOORPLANS] [NOTE: THE FOLLOWING LANGUAGE SHOULD BE INCLUDED IN ACCORDANCE WITH BULLETIN 22:] Note: Actual usable floor space may vary from the stated floor area COPY OF SITE PLAN [*VENDOR TO PROVIDE SITE PLAN] CONDITIONAL OFFER LOT , PLAN , MUNICIPALITY: ORAL REPRESENTATIONS DO NOT FORM PART OF NOR CAN THEY AMEND THIS AGREEMENT. This Agreement is conditional until 5:00 p.m. on , (the “Conditional Date”) upon the Purchaser satisfying himself with this transaction. The Purchaser shall have the right to terminate this Agreement by notice in writing to the Vendor on or before the Conditional Date if he is not satisfied with this transaction. Upon such notice this Agreement shall be null and void and the deposit shall be returned to the Purchaser forthwith without interest or deduction and all parties shall be relieved of any liability hereunder. If the Purchaser does not notify the Vendor in writing on or before the Conditional Date, the Purchaser shall be deemed to have waived the foregoing condition and shall complete the transaction contemplated by this Agreement. The foregoing condition is for the sole benefit of the Purchaser which the Purchaser shall have the right to waive. CONTACT SHEET Notify your Vendor in writing of any changes to this information immediately following such changes. Purchaser #1 (Surname) (Given Name(s)) Street Apt. # (if appl.) City Province Postal Code ( ) ( ) ( ) Home Telephone Business Telephone Cell Number e-mail address Purchaser #2 (Surname) (Given Name(s)) Street Apt. # (if appl.) City( ) Province( ) Postal Code( ) Home Telephone Business Telephone Cell Number e-mail address Purchaser #3 (Surname) (Given Name(s)) Street Apt. # (if appl.) City( ) Province( ) Postal Code( ) Home Telephone Business Telephone Cell Number e-mail address Purchaser #4 (Surname) (Given Name(s)) Street Apt. # (if appl.) City Province Postal Code ( ) ( ) ( ) Home Telephone Business Telephone Cell Number
Appears in 1 contract
Samples: Agreement of Purchase and Sale
