Alberta Sellers and Buyers · Offer Stage
This guide covers the Alberta residential purchase contract section by section. BC and Ontario use equivalent agreements with different names. The structure and key terms are similar across all three provinces.
What should you look for when reading a purchase agreement?
When reviewing a purchase agreement, focus on five things: the purchase price and what it includes, the deposit amount and deadline, all conditions and their expiry dates, the completion and possession dates, and which items are included or excluded from the sale. Every other section is either standard provincial language or administrative detail. Missing or misreading any of the five key areas can affect your legal position after the contract is signed.
At a Glance
Alberta’s residential purchase contract is organized into 18 numbered sections. The five sections that require the most attention are highlighted below. The rest are standard provincial terms that apply automatically.
Alberta Residential Purchase Contract — Annotated Overview
KEY
S1 The Property
Municipal address, legal land description, and the lists of included and excluded items (attached and unattached goods).
Review carefully
KEY
S2 Purchase Price and Completion Day
The agreed price inclusive of GST, the completion (possession) date, and confirmation the property will be in the same condition as at acceptance.
Review carefully
S3 General Terms
Standard provincial terms. Note 3.1(f): seller’s duty to disclose material latent defects. Note 3.1(m): which brokerage handles conveyancing.
Standard terms
KEY
S4 Deposits
Deposit amount, payment method, deadline for delivery, and who holds the deposit (trustee). Missing the deposit deadline gives the seller grounds to cancel.
Review carefully
S5 Land Title
Confirms title will be free of mortgages and liens at closing. Restrictive covenants carry forward with the property.
Standard terms
S6 Representations and Warranties
Provincial standard representations by both parties. Read for understanding. No action typically required.
Standard terms
KEY
S7 Dower Rights
If only one spouse is on title and you are legally married, Dower applies. A consent and acknowledgment form must be provided. A date must be filled in at 7.1(b).
Review carefully
KEY
S8 Conditions
All buyer and seller conditions including financing, inspection, and sale of buyer’s property. Each condition has a deadline. Conditions not met or waived by their deadline put the contract at risk.
Review carefully
S9 to S16 Attachments, Closing, Insurance, Remedies, Authorization, Initials
Standard provincial terms. S15 requires initials confirming the contract stands on its own. Any verbal side agreements are not binding unless written into the contract.
Standard terms
S17 Offer
States the buyer’s offer and the expiry date. If not accepted before this date, the offer is null and void.
Note the expiry
S18 Acceptance
Must be completed and signed before the S17 offer expiry. If dower applies, the non-owner spouse signs here as well.
Sign before expiry
01 Section 1
Section 1 identifies the property being sold. It includes the municipal address and the legal land description, which can be found on your land title document. The legal description is not the street address. It is the formal identifier used in the land registry and must be accurate.
Sections 1.1(b) and 1.1(c) are the most important parts of Section 1. They define which items are included in the sale and which are being taken by the seller.
Unattached goods included (1.1b)
Items not physically attached to the property that you are including in the sale. Appliances are the most common example. List each item specifically.
Attached goods excluded (1.1c)
Items physically attached to the property that you intend to take with you. Chandeliers, built-in shelving, and custom fixtures are common examples. If it is not listed here, it stays with the property.
Disputes about what was supposed to stay or go are among the most common post-closing conflicts. List every item explicitly. Vague entries create ambiguity. Ambiguity becomes a dispute.
02 Section 2
Section 2.1 states the purchase price inclusive of GST. Confirm the number matches what was agreed. Errors in the price field, though rare, have occurred and are difficult to correct after signatures.
Section 2.3 is the completion day, also called the possession date or closing date. This is the date the buyer takes legal possession of the property and the date your lawyer registers the transfer. Confirm this date is realistic. If you need time to arrange your own move, negotiate a possession date that gives you enough time. A date that is too tight creates pressure on both your move and your lawyer’s closing process.
Section 2.4 confirms that the property will be in the same condition on completion day as it was when the contract was accepted. This includes all attached and unattached goods being in normal working order.
03 Section 4
Section 4.3 specifies the deposit amount, the method of payment, and the date by which the buyer must deliver it. The most common payment method is certified funds, though wire transfers and bank drafts are also used.
The deposit deadline is one of the most important dates in the contract. If a buyer fails to deliver the deposit by the specified date, the seller has grounds to cancel the deal and potentially accept another offer. Track this date closely.
Section 4.2 identifies who holds the deposit as trustee. This is typically the listing brokerage but can be the buyer’s brokerage or a lawyer. Whoever is named in 4.2 holds the funds until conditions are removed and the sale is firm.
04 Inclusions and Exclusions
The general rule in Alberta real estate is that anything attached to the property stays unless specifically excluded in writing. Anything not attached leaves with the seller unless specifically included in writing. This rule sounds straightforward. In practice, it creates disputes constantly.
Light fixtures, window coverings, garage door openers, TV wall mounts, and built-in speaker systems are the most commonly contested items. If you plan to take something or if a buyer expects something to remain, it must be named explicitly in the contract. Verbal agreements made during showings are not binding. See the full guide on what stays and what goes when selling your home.
05 Section 8
Section 8 is where conditions are listed. A condition is a requirement that must be satisfied before the sale becomes firm. The contract pre-fills the three most common buyer conditions. Each has a deadline by which it must be met or waived.
Financing condition
Gives the buyer time to obtain formal mortgage approval. The buyer specifies how many days they need. If financing falls through before the deadline, the buyer can exit the contract and the deposit is returned. If the buyer removes this condition and financing later collapses, they are still bound by the contract.
Property inspection condition
Gives the buyer time to commission a home inspection. If the inspection reveals significant issues, the buyer can renegotiate price, request repairs, or exit the contract. As a seller, an inspection condition is standard and reasonable. Resisting it signals to buyers that there is something to hide.
Sale of buyer’s property condition
Makes your sale conditional on the buyer selling their existing home first. This is a higher-risk condition for sellers. If you accept an offer with this condition, request details about the buyer’s property including its list price and days on market. Bōde can help you evaluate whether this condition is worth accepting.
Section 8.2(d) allows the buyer to add custom conditions. Section 8.3 allows seller conditions. The most common seller condition is a backup offer clause: acceptance of this offer is subject to the collapse of offer number one. This protects you from being bound to two buyers at once.
06 Section 7
Section 7 is one of the most commonly missed sections in an Alberta purchase agreement. If only one spouse is on title and you are legally married, Dower Rights apply. A spouse who is not on title has a legal interest in the matrimonial home and must consent to its sale. The property cannot transfer without this consent.
If Dower applies, you must fill in a date at Section 7.1(b). This date commits you to delivering a signed Dower Consent and Acknowledgment form to the buyer or their representative by that date. Bōde asks about Dower during the listing process and provides the form if required. The non-owner spouse also signs in the Acceptance section at the back of the contract.
Dower is an Alberta-specific legal concept. BC and Ontario do not have equivalent legislation. In those provinces, both spouses must be on title or consent is handled differently under family property law.
07 Sections 17 and 18
Section 17 contains the offer expiry date and time. If the seller does not accept the offer before this deadline, the offer is null and void. Buyers set this date strategically. A short expiry creates urgency. A longer expiry gives you time to review and potentially receive competing offers.
Section 18 is the acceptance section. If you want to accept, this section must be completed and signed before the Section 17 expiry. If you want to counter, you complete a counter-offer rather than signing here. If you reject the offer outright, the rejection section is available but rarely used in practice.
One critical rule in Section 15: the contract stands on its own. Everything must be in writing. If you and the buyer agreed to something verbally during negotiations, it is not binding unless it appears in the signed contract or a written amendment. Do not rely on anything that is not on the page.
08 Other Provinces
The structure and key terms of a residential purchase agreement are similar across all three provinces where Bōde operates. The document names and some provisions differ.
British Columbia
Ontario
Document name
Contract of Purchase and Sale
Agreement of Purchase and Sale
Cooling-off period
HBRP: 3 business days after acceptance. 0.25% fee to rescind. Cannot be waived.
No equivalent for resale. 10-day period for pre-construction condos only.
Dower equivalent
No Dower. Spousal consent handled under BC family property law.
No Dower. Spousal consent handled under Ontario family property law.
Seller disclosure
Full Property Disclosure Statement required (Form PDS)
Seller Property Information Statement (SPIS), voluntary
In BC, buyers have three clear business days after acceptance to rescind the contract under the Home Buyer Rescission Period. Read the full guide to the BC cooling-off period.
Bōde’s offer process is fully digital. Every section of the purchase agreement is populated and signed online.
Claim your free dashboard →Common Questions
A conditional offer includes one or more conditions that must be satisfied before the sale is firm. Common conditions are financing, home inspection, and review of condo or strata documents. An unconditional offer has no conditions. It is immediately binding on both parties once accepted. Removing conditions to compete is a risk. If you accept an unconditional offer and the buyer cannot close, you have legal recourse but the process is slow and costly.
If a buyer fails to deliver the deposit by the date specified in Section 4.3, the seller has grounds to cancel the contract. This is one of the clearest termination rights in the purchase agreement. If you are approaching that deadline and have not received the deposit, contact Bōde immediately. Do not assume it is on its way.
Not without legal consequence. Once both parties have signed and the offer is accepted, the contract is binding. A seller who attempts to exit a firm sale without grounds faces potential damages and legal action from the buyer. If you have concerns about a signed contract, consult a real estate lawyer before taking any action.
Conveyancing is the legal process of transferring title from seller to buyer. It includes reviewing the contract, conducting the title search, preparing transfer documents, registering the mortgage, and distributing funds at closing. In Alberta, conveyancing is handled entirely by a real estate lawyer. Section 3.1(m) of the purchase agreement specifies which brokerage provides the contract to the lawyers. Legal fees are paid directly to your lawyer and are separate from any platform or listing fees.
Dower Rights apply in Alberta if only one spouse is on title and you are legally married. If this applies to your situation, your non-owner spouse must complete a Dower Consent and Acknowledgment form before the property can be sold. Bōde asks about this during the listing process and provides the required form if needed. Dower does not apply in BC or Ontario.
Buyers need a mortgage pre-approval, the signed purchase agreement, financing approval documents from their lender, a home inspection report if applicable, and closing documents prepared by their lawyer. See the full buyer documents guide.
This guide provides general information about Alberta’s residential purchase contract. It does not constitute legal advice. Contract terms, provincial requirements, and individual circumstances vary. Consult a licensed real estate lawyer before signing any purchase agreement.
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