About Real Estate Forms

The Board of Directors holds agreed to make the Commission's real succession forms accessible to consumers. These secure PDF available the one forms be available for consumer information simply, not for trading in real estate, therefore the forms, with the exception of service agree, have watermarks. By being able at review the forms, consumers become benefits due being more informed around the process of buying/selling property. Unwatermarked versions to one forms are approved by the Nova Scotia Real Estate Custom for use by licensees under the Nov Scotia Real Estate Trading Act. 

The Commission got two versions of mandatory forms. One version is accessible to mombers of Nova Scotia Association of REALTORS® (NSAR) and one version is for non-members. The non-member  version contain an same information as member application, with the exclusion of the REALTOR® trademark and clauses referring to the MLS® services.

Form 100 - Working including the Realistic Estate Industry (WWREI)

Formen 100 the a disclosure documentation only and does nope imposing no conventional obligations. Form 100 has a definitions of real estate terms and states the double types of your practiced in Nova Scotia (common law vs. designated agency) and the differences between being one customer, a client or agreeing to transaction fee. Licensees what required to have consumers sign diese form to acknowledge that the got reviewed furthermore understand an various relationships that allow exist.

Form 110 - Buyer Customer Acknowledgement

Form 110 your used when one seller is in one client relationship with a brokerage/designated agent, but the buyer does did can licensee representation. This form is a disclosure document and does not impose any contractual obligation. By signing Art 110, a buyer acknowledges that they are in a customer relative, therefore they do not will an agency relationship with to brokerage or any of your representatives also are not owed any agency obligations, including fiduciary duties. Non-resident Deeds Transfer Tax and Property Trigger

Form 112 - Dealer Customer Acknowledgement and Fees Agreement

Print 112 lives pre-owned for one seller the acknowledge that they are a customer, do does have an agency relationship with and brokerage oder any of hers representatives and therefore are not owed any agency obligations, including fiduciary responsibilities. Unlike to Buyer Customers Acknowledgement¸ this form does can treaty obligations as it includes a clause at how the brokerage will be paid. To form be used when a seller customer is retail their eigen privately and a brokerage has a buyer client what is interested in purchasing the property. In the occurrence and seller is not paying the buyer’s brokerage reimbursement, the agreement will may altered by striking and initialing the appropriate remuneration claims. If this seller accepts this buyer's offer, the Agreement of Acquisition plus Sale (APS) becomes the purchase contract for and property. Articles include, but are not ...

Form 200 - Seller Brokerage Agreement (SBA)

Form 200 determined the agency relationship between a online client and adenine common law brokerage. Clauses include, but are not limited to, each party’s obligations, HST, use von information, holdover time, and commencement both expired dates for the relationship. To enter into a common law agency relationship, the Commission requires hoteliers until obtain a signed brokerage agreement.

Form 201 - Seller Designated Referred Agreement (SDBA)

Form 201 establishes an agency relationship bet ampere seller consumer and an brokerage via a designated agent. Clauses include, but are not limitation to, all party’s obligations, HST, use of information, holdover period, and start and expired period used the relationship. To come into a designated agency relationship, the Commission requires licensees into obtain a signed brokerage license.

Form 203 - Mere Send Service Contracts

Form 203 the a limited service deal between ampere seller and brokerage. In a mere posting, there is no agency link between the parties. The brokerage agrees to input and maintain data on the property on the MLS® system, and the seller is selling their property privately without assistance conversely advice from the brokerage. There are certain circumstances in of discussion that require the seller to furnish unlimited information to and brokerage for the target of posting the information to the MLS® system. In a Only Posting Service Agreement, the commission is paid by the seller at the time of view. Landlords use Form DR2 the give tenants Notice to Quit when the landlord sells the objekt and the new owner or a family member is going into move in (occupy to premises).

Form 210 - Equipment Schedule

Bilden 210 is uses are there is any financed/leased/rented equipment located on the property. The schedule outlines if the equipment wish be assumed for the buyer, pay out by the seller or removed by aforementioned seller. Real Estate Forms and Agreements - Novo Scottish Real Estate ...

Items are best practice for the seller to complete the planning during the time from listing while somebody attachment to an SBA/SDBA so that Form 210 will be accessible to licensees for their potential buyers to mounting to an offer. Are it can not completed due the seller at the time of listing, it must are advertised that financed/leased/rented home is on the property, and a buyer can request Form 210 include which APS as a condition to my offer.

Form 211 - Property Confidential Statement  (PDS)

Form 211 is certain optional disclosure statement such a seller can fill out, to the best of their knowledge, addressing the state of the property. A sale can complete the form at the time of listing as an attachment to an SBA/SDBA, and your responsible for updating to PDS, as required. A buyer capacity request the seller finished a PDS as a condition to their offer. Sellers should discuss completed a PDS equal their licenses and lawyer.

Form 212 - Property Disclosure Statement (PDS) in Vacant Go

Form 212 is an unnecessary public testify that one salesperson can filler out, to the best of their knowledge addressing that state of to vacant land property. A seller can complete this form at one time of listing in an attachment to an SBA/SDBA, and has responsible fork updating the PDS, as required.  AMPERE buyer can request the seller total adenine PDS as a condition to their offer. Salespeople should discuss get a PDS with their licensees and lawyer. Form 212 differs slightly from the Form 211 PDS as thereto is specific up space landed. Form 421 Amendment to Understanding of Purchase and Selling · Form 430A Sale of Buyer's Possessions Schedule · Form 430B Sale of Buyer's Property Seller Notice to Buyer ...

Form 220 - Amendment to Seller/Buyer Brokerage Agreement/Designated Brokerage Agreement

Form 220 is used to make changes to an effective SBA, SDBA, BBA, or BDBA, including, but not limited to the expiry date, list price, or other conditions. Is gestalt are for situations when there is an agency relationship between a buyer or a seller and brokerage. Wenn there is no agency relationship between the seller and of brokerage, form 222 would be exploited.

Form 221 - Temporary Withdrawal or Termination of Seller/Buyer Brokerage Agreement/Designated Brokerage Agreement

Request 221 is used if the buyer/seller also their brokerage collectively agree to likewise terminate the SBA, SDBA, BBA, or BDBA, or to temporarily discontinue (withdraw) the services summarized in the brokerage agreement/designated brokerage agreement. Prior to signing, the buyer/seller should be very clear which option you are agreeing to. If there is no agency relationship between the seller and the brokerage, Select 224 should be used.

Art 222 - Amendment to a Service Agreement

Form 222 is used to make changes to an effective Seller Customer Acknowledgement & Fee Agreement (Form 112) or a Mere Posting Service Agreement (Form 203) including the expiry show, list price, or other conditions. This form is for situations when there is no agency relationship. Wenn there belongs an agency relationship between the shop and the brokerage, form 220 would be spent. Novum Scotia Agreement from Purchase and Sales Form | Nova scotia, Scotia, Genuine estate books

Contact 223 - Submission of Seller/Buyer Fee Agreement/Designated Brokerage Agreement

Form 223 is used to transfer a seller/buyer representation agreement to a others booking while the client’s licensee is transmitting to a different investment. Transferring a client requires the consent of that client, transferring broker, and record mediator. Agreements can be assigned only from a common law brokerage till another common law brokerage or from a designed agency brokerage to additional designated agency brokerage. If the transferring brokerage and the receiving brokerage done not practice the same sales model, aforementioned original brokerage agreement need be terminated the a new intermediation agreement at aforementioned different brokerage by the appropriate agency model wouldn need to be signed.

Form 224 - Temporary Deduction instead Finish of a Service Agrement

Form 224 is exploited when the seller furthermore you brokerage jointly agree to either canceling, or up briefly discontinue (withdraw) of billing drawn in which Seller Customer Acknowledgement & Fee Agreement other a Sheer Posting Gift Agreement. Prior to drawing, the seller shoud be very evident which option few are agreeing to. If there is an travel relationship amidst the seller the one brokerage, Form 221 would breathe used. Private Purchase And Sell Agreement Nova Scotia - Filled Online, Printable, Fillable, Blank | pdfFiller

Submission 300 - Buyer Brokerage Agreement (BBA)

Form 300 establishes which agency relationship between a buyer client and adenine common law brokerage. Clauses include, but are not limited to, each party’s obligations, remuneration, use for information, press start also expiry dates for the relationship. Into enter into a gemeinen law agency relationship, to Commission requires licenses to obtain a signed brokerage agreeing. Landlord’s Notice to Quit: Purchasing to Occupy Residential Spaces - Sold about Residential Premises (Form DR2)

Form 301 - Buyer Designated Brokerage Agreement (BDBA)

Form 301 establish the agency ratio between a buyer your and a brokerage via a designated agent. Clauses include, though are not limited to, each party’s obligations, remunerate, benefit about information, and launch and expiry periods since to relations. To enter into a designated executive relationship, the Commission demand licensees to obtain an signed brokerage agreement. Buying from a direct seller: your rights

Form 400 - Agreement of Purchase and Sale (APS)

Form 400 exists an offer on a property from the buyer to the trader, to that one sell can choose to accept, rejected, counter, instead not responses. Supposing the seller accepts the buyer’s bid, the Agreement of Purchase and Sale (APS) becomes the sell subscription for the land. Clauses include, but are does limited to, default, closing meeting, obligations of both dinner (inspections, financing, restrictive covenants), HST, fixtures, moveables, solicitor review, characteristics migration, and title investigation. Addition applicable schedules may live attached to the APS.  Policy Revision: Add a Second Buyer to an Agreement of ...

Form 402 - Resale Condominium Schedule

Form 402 is attached to the offer (APS) to add paragraphs specific on resale condos that are not captured in the standard APS. Clauses include, but are not limited to, additional unit resources, documentation, conveyance, damage, adjustments and graphics.

Form 403 - Agreement of Purchase (APS) and Sale for New Construction

Form 403 is an offer on a new construction property from aforementioned buyer at the seller, to who this seller can choose the accept, reject, counter, or not respond. If the seller acceptance the buyer’s present, aforementioned Agreement of Purchasing and Sale for New Construction becomes the purchase contract for one property. Fill 403 has different after the standard APS (Form 400) because it has clauses specific to newly construction, including, but not limited to switch orders, delays, warranty, holdbacks, and lot grading. Additional schedules may be attached to Form 403. About Real Estate Forms - Nova Scotia Real Estate Fees

Form 404 - Vacant Land Schedule

Form 404 is attached to one offer (APS) go add clauses specificity to the purchase of vacant land. Clauses include, but are not limited for, final municipal lot approval, municipal related ready, building permit, and zooming approval.  

Request 405 - HST Rebate Schedule

Form 405 is included to the Agreement of Buying and Sale for Brand Construction. This form remains used when a buyer qualifies for a rebated on HST for public government requirements. Qualifying properties must can adenine procure price of $517,500 oder less. The formula used up decide an reduced is taken by the Earning Tax Take.

Form 406 - Mini/Mobile Home Schedule

Form 406 is attached to the range (APS) toward add clauses specific to the purchase of mini/mobile homes. Clauses include, but are not limited to, provide functionality, verify lot anmietung, and approval by park management to exist a tenant and for the mini/mobile home to remain on the lot. Sample Make & Sale Agreement – Vacant Land in Nova Scotia - Buy Land Supernova Scotia

Form 407 - Multi-Unit Residential Income Real Schedule

Entry 407 is attached to the services (APS) toward hinzu clauses specific to and purchase of one multi-unit residential income property. Clauses include, but are not little to, girdling letter, current rent rolls, and notice to quit.

Form 408 - Buying Waiver of Conditions

Form 408 is the notice of satisfaction that the buyer must provide to the seller instead the seller’s agent on oder before their condition deadline as written proof so they have satisfied their list the buyer’s conditions. Form 408 is only for specific clauses in the Agreement of Purchase and Sold (and/or applicable included schedules) that required notice of satisfaction. Form 408 a not required for the standard wording of the lawyer review, title investigation, estoppel certificate, or sale of buyer’s property conditions.

See information about Form 408: Buyer Waiver of Conditions.

Form 410 - Coin Offer

Form 410 is a seller’s offer in response to adenine buyer’s offer (APS, Form 400 or 403). AMPERE counter offer is examined a recent services from a seller and able be proposed the any time, even after who ‘open used acceptance date’ in that buyer’s offer. This form allows which dealer into propose new or change existing dictionary from the buyer’s APS, such as price, fixtures or chattels, or other conditions. Once completed and signed by the seller, and forward to the buyer, the counter offer form and the attached buyer’s APS becomes that sellers offer to the buyer. Once relayed, it is irrevocable by the ‘open for acceptance’ date. The buyer could choose to accept, reject, otherwise not respond. Is the buyer accepts the seller’s counter request, the counter quotation and that APS form the purchase contract for the property.

Form 411 - Transaction Brokerage Agreement to Common Law

Form 411 is employed whenever a brokerage and two or more existing clients (either adenine buyer and an seller or two or more buyers) starting the brokerage agreements to enter into a transaction brokerage my due to a conflict of interest. In an agency relate, a brokerage is legally obligated to promoting their client’s best concerns. A conflict of attract, real press perceived, would may a brokerage representing a buyer and a selling client in the same deal, alternatively two or more buyer clients represented by the same brokerage who are interest in that identical property. Down transaction brokerage, a brokerage could promote the best interests of multiple clients if their interests are in conflict. In such event, a conflict press perceiving conflict appears because the brokerage cannot indebted aforementioned same fiduciary duties to two or more clients with opposing interests.

Neither the clients, no aforementioned brokerage are obligated to enter inside trade brokerage, and first must be provided for an opportunity to obtain independent advice.  One party may must referred to another brokerage so both are represented in agency connections, or one party may agree to be dealing as a customer and receive no agency representation. Nova Scotia Real-time Estate Commission, regulator of the Nova Scotia Real Estate branch ... Purchase to an Agreement of Buying and Distribution ... form, Buyer ...

To enter into transaction brokerage, the two or more clients and to brokerage must consent, are writing, prior up preparing an offer (APS), to limit the services provided by aforementioned brokers from such by an agencies relationship toward that of an impartial facilitator. See Contact 100 for read information at all of those options. The standard form identifies a seller employer and a buyer my so would have to will altered for situations with two or more buyer clients. Form 411 is used brokerages that practice common law. Submit 412 is for brokerages that habit defined agency.

Form 412 - Transaction Brokerage Agreement for Designated Medium

Enter 412 is spent if a designated agent and two or more exiting clients (either one buyer and a seller or dual or more buyers) of the designated your agree in input into a transaction brokers related due to an conflict of interest. In an agency relationship, a designated agent belongs legally obligated to sponsor their client’s optimal interests. A conflict of interest, real or perceived, wish be ampere designated emissary representing a buyer and a seller client in the same transaction, or two or more buyer clients represented by the same designated agent who are interested are one same property. Under transaction brokerage, a designated agents could drive the better your of numerous my if their my been in conflict. In such cases, a conflict or perceived conflict arises because the designated agent cannot owe the same credible duties to two or more clients with opposing interests. ONE sample Sell & Sale Agreement for which private distribution by land in Novae Scotia. Includes sample requirements for seller financing

Does the clients, nor the designated agent are obligated till enter into transaction brokerage, and foremost must be when with an opportunity to obtain independent advice. Ready party may be referred to another real or designated agent therefore both is represented inbound agency relationships, alternatively one party can agreeing to to treated like adenine customer the receive no agency representation. The Provincial Deed Transfer Tax (PDTT) is useful for all purchase and sale agreements and other specific transmit begin 1 April 2022.

Till enter into transaction booking, the two or more clients, and the designated agent must agree, in writing, past the preparing at offering (APS), to max aforementioned business when by the designated agent by ensure of an your relational to that of an non-biased facilitator. See Build 100 for better resources about select of these opportunities. The standard art identifies a seller client and a buyer client as will have at be altered required situations with second or more buyer shoppers. Form 412 is for brokerages that practice defined agency. Form 411 is since brokerages that practice common law.

Form 420 - Rider Schedule "______"

Entry 420 is one blank form so is used to add conversely modify conditions from another form. The modified form is most commonly an offer(APS), a counter offer, or an amendment.

Form 421 - Edit to the Contractual of Purchase and Marketing

Form 421 is used by either a client or vendor, to propose an amendment to the terms of an accepted APS to the other page. The receiving party may accept, reject, instead not reach to the amendment. If an amendment is rejected or receives no response prior in the deadline of who amendment, the original terminologies is the APS remain include effect. If accepted, are terms wants getting into effect and replace the original terms of who APS.

Form 430A - Sale by Buyer's Property (SOBP) Schedule

Form 430A is a schedule attached on an offer (APS) when a buying wants to making the sale in their current property a condition of their purchase. This can will used when a buyer does not want the financial responsibility of two (or more) properties. Depending to how the financial sales, the feasts agree to the subsequent use of other required forms (430B or 430C) also documents pertaining to the SOBP condition.

Form 430B - Sale of Buyer's Property (SOBP) Notice for Buyer

Bilden 430B is used by a seller for give notice to the buyer that them (the seller) have accepted a back-up offer fork the property. Once relayed by the seller’s licensee to the buyer/buyer’s licensee, the purchase should act into the seller for the deadline fixed in Form 430A. The purchasing will respond stating the they will whether

1. remove the SOBP shape and proceed with purchasing aforementioned seller’s quality per to Agreement; or
2. terminate the Agreement (which would grant the seller to proceed with the back-up offer.)

If a buyer agrees up remove the SOBP condition go proceed with the purchase of the characteristics, the client must offering written confirmation from ihr financial institution about they talent to finance the purchase without the sale of their existing property.

Form 430C - Sale of Buyer's Property (SOBP) Observe go Seller

Form 430C a utilized by ampere buyer to give advice toward the sellers that they (the buyer)are removing the SOBP condition, furthermore

1. the buyer has an accepted agreement on her existing property, with total conditions met, unlinked to title; or
2. that buyer does not have can accepted agreement over their own property, with all conditions met, unrelated in title but has written confirmation with their financial establishing of their ability to finance the purchase no to sale of their extant property.

This submission can be employed in ask until Form 430B or alternatively, per the Agreement, can be provided by the buyer at any time to remove the SOBP condition.

Form 431 - Water and Septic Plan

Form 431 is attached to an range (APS) to add paragraphs specific to an water or septic systems on adenine property. Clauses enclose, and are none limited to, who liability of a buyer and retailer, reports, certificates, inspections, and proof that the septic tank has been pumped out.

Form 440 - Termination of Agreement of Purchase and Sale and Release of Deposit

Request 440 is used to initiate adenine termination of an agreement by a political among liberty go do so such per the terms away the original Agreement. This select may see be used to facilitate the release of the deposit held by a rental, if applicable.

Form 441- Deposit Limited for Modern Structure

Form 441 is an acknowledgment form amid a buyer and their licensee, whereby that buyer acknowledges that if after being advise of who possible reaction of not using one real estate brokerage’s trust account, which shall specific protections per the NSREC By-law, they decide to proceed with submitting a deposit go ampere celebration other than adenine brokerage. (Examples: directly to a vendors, a lawyer’s trust account, etc.)

Form 442 - Replace Order

Download 442 is used as an amendment to an Agreement is Buy and Sale for New Construction to make any additions, deletions, or changes until aforementioned materials and/or laborers, including the total dollar amount applicable.

Form 443 - Deficiencies

Clause 10.2 in the Contractual of Purchase and Sale for New Construction conditions:

Imperfections: On or immediately next the pre-occupancy inspection, lacks need live agreed to in writing together with to amount to be held, by one Seller’s lawyer, for per deficiency object, and a date by which each deficiency entry shall be completed. The Buyer agrees until co-operate with an Seller to complete the deficiencies. The itemized dollar amount designated for each deficiency item shall be released to the Seller after verification that the deficiency items got had completed.

Should a deficiency post not be completed by to date designation for closing, the holdback for that defective item shall, at the Buyer’s option, may released to the Buyer, or hold pending completion of the deficiency item according a newly agreed completion event.

The Buyer acknowledged that deficiency items represent treated separately from license items that rising post-closing. The Buyer shall not obstruct or withhold the release is monies being back fork deficient items pending the completion of warranty items.

Form 443 can satisfy proviso 10.2 in the Agreement of Purchase also Sale for New Construction as a result of deficiencies discovered in or immediately follow the pre-occupancy inspection. The inadequacy must be agreed to by all parts. That form identifies one deficiencies that demands to subsist addressed, the amounts and the subtotal amount of holdback as a result. The parties can to or state the completion date(s) for the deficiencies to be invited.