Certification evaluation Residential real estate brokerage Scenario 2

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1 Scenario 2 Organisme d autoréglementation du courtage immobilier du Québec, December All rights reserved.

2 DOCUMENT LIST Name Form Number Number of pages Check Procedure Scenario Agenda Calendar Client information sheet Detailed description sheet 1 page 2 pages 4 pages 1 page 1 page 2 pages Declarations by the seller DS pages Neighbourhood news 1 page Lease # pages Duplex resale market booming in Rouen Neighbourhood press Comparables sold Invoice for heat pump Daily rates 1 page 1 page 1 page 1 page Promise to purchase PP pages Annex F Financing AF pages Annex R Residential immovable AR pages Answer sheet 10 pages Promise to purchase PP pages Annex F Financing AF pages Annex R Residential immovable AR pages Annex G General AG pages Amendments AM pages Amendments AM pages Counter-proposal to a Promise to purchase CP pages Page 1 of 2

3 Name Form Number Number of pages Check Register of disclosure notices Register of Brokerage contracts Register of brokers Answer sheet Invoice to be sent Register of transactions 1 page 1 page 1 page 1 page 1 page I, hereby confirm that all (Name of candidate in block letters) documents listed above are included and complete. Candidate s signature Page 2 of 2

4 PROCEDURE TO READ BEFORE STARTING THIS CERTIFICATION EVALUATION 1. Read the scenario and answer each element, exactly in the order in which they are presented. x Do not skip from one element to the other. The information is disclosed to you chronologically. x To simplify this evaluation, some information may not reflect exactly reality. 2. The time allocated for each element is given as an indication only. It is a guide to help you determine the amount of information required, the importance of details and the time that you should allocate to each section of the evaluation. 3. For each element, consult the documents you deem relevant. 4. Complete the documents required, in a clear and detailed manner, in order to help the corrector to adequately judge your level of competence. DO NOT FORGET: When calculations are to be done, use the Answer sheets to: Identify clearly the calculations you are making; Demonstrate your whole approach; Present your result distinctly. When explanations must be given, use the Answer sheets to: Detail your answers (more information must be included in the answer); Write your answers as you would with your client, in the form of professional advice. When forms are provided: For each element, if you deem that forms in connection with the party to the transaction you represent should be completed, you must do it, unless otherwise indicated; This includes blank forms provided that you need; This also includes the forms completed and provided by the other party and for which your party should take action (sign, acknowledgment of receipt, respond, etc.); So, as you would in reality, complete all forms or all sections of the form. For example, if you are the buyer s broker and the seller s broker gives you the Declarations by the seller of the immovable completed form, you must acknowledge receipt of the form by your client, before presenting a promise to purchase; Everywhere your client must sign, you must enter his name in block letters. (This is an exceptional measure for the purpose of the certification evaluation only.); If your client is required to complete a form, do it for him. (This is an exceptional measure for the purpose of the certification evaluation only.); Please note that in this certification evaluation applicable taxes are as follows: a. GST: 5% b. QST: 9.5% Place ALL the documents, whether they were used or not, in the main envelope provided to you, otherwise your certification evaluation WILL NOT BE CORRECTED. Page 1 of 1

5 SCENARIO This scenario contains the information you need to understand the case on which you will be evaluated. As buyer s broker, MAKE SURE, AS YOU WORK THROUGH THIS SCENARIO, THAT YOU COMPLETE EACH PROFESSIONAL ACTION REQUIRED, ONE ELEMENT AT A TIME, AND THAT YOU DEMONSTRATE YOUR OVERALL PROCESS AS INDICATED IN THE INSTRUCTIONS BOOKLET YOU RECEIVED. Additional information concerning the case is provided in the documents included in the file. Make sure you take it into account. Please note that the agenda is a key source of information to help you understand the case. You are broker (use your name). Your licence number is X1234 Your agency s contact information is: x X9999 Les Maisons de la Ville x 2475 Jarry St., Royaleville, Québec H2J 4G9 x Tel.: Fax: On May 29, 2050, Marc Smith, 54 years old, calls you to retain your services as residential real estate broker. He was owner of the house for a long time. He had sold his residence three years ago. At that time, he preferred living in an apartment, but he has reviewed his future plans. He now wants to buy an income property (duplex apartment) for accommodation and for supplementing his income. Moreover, as an excellent handyman, he is ready to make renovations himself. Finally, he wants to move quickly since he has not renewed his lease ending on June 30, You agree to meet with him at your office the next day at 6:30 P.M. Element A (Approximate time for this element: 30 minutes) On May 30, 2050, you meet with Mr. Marc Smith to discuss his case. He explains that he absolutely wants to find a duplex apartment in Rouen area in Royaleville. Also, as he is no longer an owner, he wonders about the maximum amount he could pay for an immovable. Before analyzing various elements related to this question, you recommend to him to go and see a mortgage broker. However, you can still assess certain information with him. Then, Mr. Marc Smith states that he will give $55,000 as down payment. He certainly does not want to make mortgage payments exceeding $1, 500 (principal and interests) per month. Finally, he would prefer a 5-year variable rate term, but would also be open to a 5-year fixed rate term. On the Answer sheets, taking into account the information you have, make and present the required calculations to determine the maximum amount that Mr. Marc Smith could pay for an immovable, respecting the maximum ratios permitted. Also, for the purpose of this evaluation: Take into account 50% of the potential income of rent; Do not take into consideration the Home buyers plan (HBP); Do not take into consideration the CMHC premium. Element B (Approximate time for this element: 30 minutes) The same evening, you make searches in the Multiple Listing Service and you find one duplex meeting Mr. Marc Smith s criteria. The immovable is located at 95 and 97 Brodeur Street, in Royaleville. So, you schedule a visit on June 1, 2050 at 7:00 P.M. Upon your arrival, Mr. Pierre Johnson, seller s broker, gives you the Declarations by the Seller of the immovable form (DS 00041, included in this certification evaluation). You review this form and the description sheet with your client during the visit. After the visit, Mr. Smith informs you that he is very interested in the immovable, but asks about the positive and negative points of the immovable in relation to his needs and the quality of the immovable. On the Answer sheets: Taking into account the criteria of your client and all the information you have, present all the points you deem important to raise to Mr. Smith regarding the property concerned, as you would as buyer s broker; Then, make the recommendations you deem appropriate. Page 1 of 2

6 Element C (Approximate time for this element: 15 minutes) Mr. Marc Smith decides to take some time to think about it and states that he will call you the following day. During his call on June 2, Mr. Smith informs you that he absolutely wants to present a Promise to purchase on the property. So, you meet with him at his home at 10:00 A.M. At this meeting, you discuss the promise to purchase you will complete with him and he asks you about the importance of having the immovable inspected. Indeed, given the situation, he wonders whether it is appropriate to proceed with this inspection and what additional information will the inspector give him. On the Answer sheets, advise your client by detailing, among other things but not limited to, the role of the building inspector and the limits of this inspection. Element D (Approximate time for this element: 30 minutes) Satisfied with your answers, he confirms his intention to present a Promise to purchase the immovable. So, you complete together all required documents, at the price and conditions agreed upon (see the PP00060, AF00005 and AR00036 included in this certification evaluation). Once everything is signed, you call the seller s broker to inform him that you have a signed Promise to purchase on hand. He then tells you that a Promise to purchase has just been presented on the same property by other clients (not included in this certification evaluation). You tell him that you will discuss the matter with your client and call him back. On the Answer sheets, explain in detail your advice to your client; Do what you deem necessary at this stage. Element E (Approximate time for this element: 10 minutes) Although for elements A to D of this certification evaluation you were working for Les Maisons de la Ville agency, for element E, assume that, for the same transaction, you were acting on your own account and that the transaction is concluded on June 6, In the context described above, you must manage your professional activities. Complete registers, receipts and invoices related to this real estate transaction. Complete the necessary documents. Place ALL the documents, whether they are used or not, in the main envelope provided, otherwise your certification evaluation WILL NOT BE CORRECTED. Page 2 of 2

7 The agenda includes key information. The notes you make on this document will not be taken into consideration for the correction. The actions described therein do not need to be done, unless they are specifically requested in the scenario. AGENDA MAY 29 Saturday MAY 30 Sunday MAY 31 Monday JUNE 1 Tuesday 10:00 A.M.: Contact Pierre Johnson (real estate broker) to visit the property located at Call from Marc Smith. Appointment Brodeur St. this evening. Appointment made for May 30 at 6:30 P.M. made for 7:00 P.M. Call to Mr. Marc Smith, no problem for the visit. Meet Mr. Smith at 6:30 P.M. at his daughter s home located at 117 De la Commune St., Royaleville, H2Y 3F9 7:00 P.M.: Visit of Brodeur St. with my Telephone: :30 P.M.: Meeting with Mr. Marc Smith. client. Search for duplex meeting my client s criteria. 8:30 P.M.: Call to Mr. Johnson to follow-up on the visit. Page 1 of 4

8 The agenda includes key information. The notes you make on this document will not be taken into consideration for the correction. The actions described therein do not need to be done, unless they are specifically requested in the scenario. AGENDA (cont d) JUNE 2 Wednesday JUNE 3 Thursday JUNE 4 Friday JUNE 5 Saturday 9:00 A.M.: Meet with Marc Smith to explain the situation. 10:00A.M.: Meeting with Mr. Marc Smith. 12:00 P.M.: Call to Pierre Johnson to inform him that my client and I have something to 11:00 A.M.: Call to Pierre Johnson to make an propose. appointment to present the Promise to purchase. He mentions he has just received an offer on the property. 7:00 P.M.: Meeting with Pierre Johnson. He says he will get back to us with an answer 3:00 P.M. : Call to Marc Smith to make an shortly. appointment to meet with him as soon as possible Page 2 of 4

9 The agenda includes key information. The notes you make on this document will not be taken into consideration for the correction. The actions described therein do not need to be done, unless they are specifically requested in the scenario. AGENDA (cont d) JUNE 6 Sunday JUNE 7 Monday JUNE 8 Tuesday JUNE 9 Wednesday Received a fax from the bank, Marc Smith s mortgage is approved. 10:00 A.M.: There is an agreement between the parties for the Brodeur St. Some conditions remain to be lifted. Page 3 of 4

10 The agenda includes key information. The notes you make on this document will not be taken into consideration for the correction. The actions described therein do not need to be done, unless they are specifically requested in the scenario. AGENDA (cont d) JUNE 10 Thursday JUNE 11 Friday JUNE 12 Saturday JUNE 13 Sunday Marc Smith calls to say he received the inspection report and is satisfied with it 11:45 A.M.: Inspection of Brodeur St. since he feels that he can do any renovation With Marc Smith. work required himself. 5:00 P.M.: Call to Catherine Dubé, notary. She says she can proceed with the sale of the duplex on June 28 at 5:30 P.M. Page 4 of 4

11 CALENDAR January 2050 February 2050 March 2050 April 2050 List of holidays M T W T F S S M T W T F S S M T W T F S S M T W T F S S January 1: New Year s Day April 12: Easter Monday May 24: Victoria Day June 24: Fête nationale du Québec July 1: Canada Day September 6: Labour Day May 2050 June 2050 July 2050 August 2050 October 11: Thanksgiving M T W T F S S M T W T F S S M T W T F S S M T W T F S S December 25: Christmas September 2050 October 2050 November 2050 December 2050 M T W T F S S M T W T F S S M T W T F S S M T W T F S S Page 1 of 1

12 CLIENT INFORMATION SHEET For the purpose of this certification evaluation, assume that the information below was validated when you met with your client. Buyer s contact details Surname Smith Address 117 De la Commune St. Royaleville, Québec H2Y 3F9 Date of Birth (dd/mm/yyyy) 10/02/1996 Driver s Licence Licence number: S Reference number: SED17332X Place of issue: Québec Expiration date: Marital Status Widower First Name Marc Telephone Number Profession Mechanic Health Insurance Card Medicare Card Number: SMITM Place of issue: Québec Expiration date: Financial information Gross annual salary: $80,000 No credit card No line of credit No personal loan Page 1 of 1

13 DETAILED DESCRIPTION SHEET Building Type PHOTO NOT AVAILABLE Property Type Listing No. Status Asking price Bkr s Decl Active $310,000 No Address Brodeur St. Royaleville (Québec) H2Z 4J4 Semi-detached Duplex Sector Floor Building Size m x 8.50 m 2020 Year Built Rouen Lot Size Living Area Near (intersection) Water Heater m x 8.50 m Seller s Decl. Yes DS00041 Lafleur Owned: 2 Leased: 0 Lot Area Occupancy Total Number of Units sq. meters Immediate Room(s) Bedroom(s) Bath(s) PR(s) Features Sewage System: Water Supply: Assessment Lot Building Total Siding: Brick Municipality Municipality 2050 $65,200 $223,100 $288,300 Energy/Heating: Electricity Taxes Municipal School Total taxes Heating System: Electric baseboard units 2050 $3,551 $500 $4,051 Basement: Pool: Not finished Registration Number: Parking: Driveway (1) Cadastre: Cadastre of Québec Driveway: Paved Water (access) Garage: Certificate of location: Yes, in 2043 Equipment/Services: Heat pump / Videotron Definition of dwellings: Heating costs: $125 / month No. of rooms No. of bedrooms Rent End 5 3 Owner occ. 5 3 $650 June 30, 2051 Description Source Inclusions Agence immobilière FGH Inc. Heat pump Model MRGDC Exclusions GE dishwasher Very well situated duplex in the heart of Rouen, near metro stations and services. Perfect for handyman. Sold without legal warranty of quality, at the buyer s risk. No renovations have been made since purchase, but water heaters were replaced in 2046 and a heat pump was installed in Page 1 of 2

14 Addendum PHOTO NOT AVAILABLE Duplex for handyman. Needs several renovations. This sale is made without warranty of quality, at the buyer s risk. Lease (attached). Woman committed suicide in upper unit in Heat pump (see attached document). Listing No. Status Asking price Bkr s Decl Active $310,000 No Address Brodeur St. Royaleville (Québec) H2Z 4J4 Seller s Decl. Yes DS00041 Owner(s) Charles Robert 95 Brodeur St. Royaleville (Québec) H2Z 4J Creditor(s) Balance As of Rate Term Amort. Due Dune Bank Listing agency Telephone Listing broker(s) Telephone FGH Inc. Real Estate Agency Payment/ frequency Pierre Johnson Remuneration to buyer broker Listed on Expires on Appointment 2% C.I. only 24 hours CI/CIT Page 2 of 2

15 MANDATORY FORM DECLARATIONS BY THE SELLER OF THE IMMOVABLE (LAND AND BUILDINGS, APPURTENANCES AND DEPENDENCIES) Form developed in cooperation with the Québec Association of Building Inspectors NOTE This form is to be used to complete a mandatory brokerage contract form for the sale of a residential immovable. Given the importance of the declarations that follow, the seller must provide the information to the best of his knowledge, adding details as needed. The seller must INCLUDE all available documents pertaining to his declarations such as any documents related to work, warranties, invoices, receipts, plans, permits, letters, reports, notices, etc., AND PROVIDE details regarding any positive answers under section D14. This form is an annex to brokerage contract : BC D1. IDENTIFICATION OF THE IMMOVABLE D1.1 The declarations herein pertain to the immovable located at: Brodeur St., Royaleville (Québec) H2Z 4J4 ADDRESS OR CADASTRAL DESCRIPTION IF A VACANT LOT D2. GENERAL INFORMATION D2.1 In what year did you acquire the immovable? D2.2 Do you occupy the immovable and, if so, since when? X yes, since 2041 no D2.3 Was the immovable ever leased? X yes no If so, identify the leasing periods : D2.4 In the case of a leased immovable : LD00010 a) The leases detailed in Annex bring in rents of at least dollars ( $) annually. b) Have you received any notice from a lessee or from the spouse of a lessee to the effect that the immovable or part thereof is used as a family residence? yes x no c) Have you received any notice liable to amend the existing leases? yes x no d) Are there lessees who benefit from special advantages from you that are not specifically indicated in writing in the leases? yes x no e) Are there any proceedings pending before the Régie du logement or any other tribunal? yes x no f) Is the immovable part of a housing complex within the meaning of the Act respecting the Régie du logement (R.S.Q., c. R-8.1)? yes x no g) Does the immovable constitute a portion that has been detached from a housing complex within the meaning of the Act respecting the Régie du logement (R.S.Q., c. R-8.1) following an alienation without first having obtained the authorization of the court? yes x no 2020 D2.5 What is the year of construction of the building? don t know D2.6 To your knowledge and subject to what the verifications to be done by the BROKER or a potential buyer may reveal : a) Is the immovable affected by hypothecs, servitudes, other real rights or other charges? yes x no b) Is the immovable affected by restrictions of public law that are exceptions to ordinary law (e.g. flood risk area, municipal zoning and subdivision by-laws, Cultural Property Act, Act to preserve agricultural land, Environment Protection Act, and related regulations)? yes x no D2.7 To your knowledge, has the immovable ever been the subject of a notice of non-compliance from a competent authority or from an insurer with which you have not complied? yes x no D2.8 To your knowledge, does the immovable conform to the laws and regulations relating to environment protection? x yes no D2.9 Is the immovable covered by a new home warranty? yes x no If so, is a document available attesting that the immovable is registered in the warranty plan? (e.g. certificate or letter confirming registration)? yes no 2041 D2.10 What telecommunications company(ies) service the immovable (e.g. Bell, Videotron, Cogeco, Shaw Direct, Telus, etc.)? Seven thousand eight hundred $7,800 Vidéotron 5000A (V14 03/2012) 1/6 For information: Info OACIQ Tel.: or Fax: info@oaciq.com DS Page 1 of 6

16 D2.11 Is the immovable serviced solely by the telecommunications company identified in clause D2.10? x yes no don t know D3. INFILTRATION D3.1 To your knowledge, are there or have there ever been water infiltrations in the basement or elsewhere (e.g. roof, patio, balcony, solarium, skylight, door, window, chimney or other)? x yes no D4. LAND (SOIL) To your knowledge, are there or have there ever been: D4.1 problems concerning the soil such as sliding, subsidence, movement or instability affecting the immovable? yes x no D4.2 foundation stabilization work (e.g. piles, below-grade work, etc.)? yes x no D4.3 soil contamination (e.g. fuel oil, oil, lead, mercury, etc. spill or leak)? yes x no D4.4 soil work (e.g. backfill, pool fill, retaining wall, etc.)? yes x no D4.5 periodical accumulation of water on the property? yes x no D4.6 yellowish or reddish water in the ditch? n/a yes x no D4.7 iron ochre deposit in the soil? yes x no D5. BUILDING BASEMENT (INCLUDING CRAWL SPACE) To your knowledge, are there or have there ever been : D5.1 liquid spill in the basement (e.g. water, fuel oil, oil, mercury, etc.)? x yes no D5.2 foundation crack, rot or other problem with the basement structure? x yes no D6. INTERIOR AIR QUALITY To your knowledge, are there or have there ever been: D6.1 major and regular condensation in winter, including on windows, solariums, patio doors, walls, ceilings or other? x yes no D6.2 odour (e.g.: sewer, dampness, gas, fuel oil, etc.)? yes x no D6.3 evidence of mould or rot? x yes no D6.4 presence of an insulation product that may contain asbestos (e.g.: vermiculite)? yes x no D7. ROOF 2020 D7.1 In what year was the roof covering installed? don t know D7.2 Do you have documents evidencing the replacement of the roof covering? yes x no D7.3 To your knowledge, is there or has there ever been ice accumulation or icicles hanging from the roof in winter? yes x no D8. PLUMBING AND DRAINAGE D8.1 To your knowledge, are there or have there ever been plumbing-related problems (e.g. marked variations in water pressure or fl ow when using fi xtures, freezing pipe, water leak, rusty water, odour, plumbing drainage or backup problem, abnormal noise or other? yes x no D8.2 Does the immovable have a sump or drainage well with or without a pump? yes x no a) How often does the sump pump operate? n/a don t know b) Have you ever been aware of the presence of rusty water or yellowish or reddish deposit in the sump or drainage well? yes x no D8.3 To your knowledge, have modifications been made to plumbing drains, including the foundation drain (tile drain or French drain)? yes x no don t know 2046 D8.4 In what year was the water heater installed? don t know D8.5 Is there a water softener? yes x no 5000A (V14 03/2012) 2/6 For information: Info OACIQ Tel.: or Fax: info@oaciq.com DS Page 2 of 6

17 D8.6 Water supply system a) Does the municipality supply water services? x yes no b) Is the immovable connected to the municipal water supply? x yes no If not, c) What is the source of the water supply? tubular (artesian) well surface well well point (point) spring tapping other : don t know d) Does this source supply your drinking water? x yes no e) To your knowledge, are there or have there ever been problems with the quality or quantity of water? yes x no D8.7 Sewage disposal system a) Does the municipality provide sewer services? x yes no b) Is the immovable connected to the municipal sewer system? x yes no If not, c) What type of system does this immovable have? septic tank with weeping field sealed septic tank septic tank with leaching field other : don t know d) In what year was this system installed? don t know e) Do you have documents indicating the features, compliance status and year of installation of the system? yes no f) When was the system last emptied (date)? don t know g) Do you have documents evidencing the frequency at which the system is emptied or maintained, including the date the system was last emptied? yes no h) To your knowledge, have there ever been problems with the system (e.g. odour, overflowing, etc.)? yes no D9. ENERGY D9.1 Is the immovable serviced by power utilities? x yes no D9.2 Is the immovable connected to power utilities? x yes no D9.3 To your knowledge, are there or have there ever been electrical problems (e.g. light blinking abnormally, fuse or circuit breaker that blows or trips repeatedly, defective outlet or switch, etc.)? yes x no D9.4 Is the immovable serviced by natural gas services? yes x no don t know D9.5 Is the immovable connected to natural gas services? yes x no D9.6 To your knowledge, have there ever been gas-related problems (e.g. yellow or orange flame, leak, irregular supply, odours)? yes x no D9.7 Does the immovable have a generator? yes x no D9.8 To your knowledge, have there ever been problems related to the generator? yes x no D10. HEATING, AIR CONDITIONING AND VENTILATION D10.1 Main heating system To your knowledge : a) What type of energy does the main heating system use (e.g. oil, electricity, natural gas, solar, geothermal, other)? 3/6 Electricity b) Are there or have there ever been problems with the heating system? yes x no c) Are certain rooms difficult to heat? yes x no d) Is there foil heating in the ceiling (radiant heat)? yes x no e) In what year was the furnace installed? x n/a don t know f) If the heating system does not use a furnace, what is the year of installation of the main components of the system? x n/a don t know For information: Info OACIQ Tel.: or Fax: info@oaciq.com A (V14 03/2012) DS Page 3 of 6

18 g) Do you have a maintenance contract for the heating system? yes x no h) In what year was the oil tank installed? x n/a don t know i) Is there or has there ever been an underground oil tank? yes x no j) How often is the chimney swept? x n/a don t know k) When was the chimney last swept (date)? x n/a don t know D10.2 Heat pump (air conditioning and heating) n/a To your knowledge : a) Are there or have there ever been problems with the heat pump? yes x no b) What is the year of installation of the heat pump? don t know c) Do you have a maintenance contract for the heat pump? x yes no D10.3 Permanent air conditioning system n/a To your knowledge : a) Are there or have there ever been problems with the air conditioning system? yes no b) In what year was the air conditioning system installed? don t know c) Do you have a maintenance contract for the air conditioning system? yes no D10.4 Is there an air exchanger? yes x no If so : a) To your knowledge, have there ever been problems with the air exchanger? yes no b) In what year was the air exchanger installed? don t know D10.5 Geothermal system n/a To your knowledge : a) Is there or have there ever been problems with the geothermal system? yes no b) In what year was the geothermal system installed? don t know c) Is the geothermal system certified by the CCGE (Canadian Coalition of Geothermal Energy)? yes no If so, what is the system s certification number? don t know D10.6 Supplemental heat (stove, fireplace, chimney) n/a To your knowledge : 2048 a) Are there or have there ever been problems with the supplemental heating device and its components? yes no b) In what year was the device installed? don t know c) Do you have documents evidencing the features and year of installation of the device? yes no d) How often is the device used? don t know e) Do you have documents evidencing the features and year of installation of the supplemental heat chimney? yes no f) How often is this chimney swept? don t know g) When was the chimney last swept (date)? don t know x x x D11. INSECT AND PEST CONTROL D11.1 To your knowledge, are there or have there ever been insects or pests (e.g. carpenter ants, bats)? yes x no D11.2 Have you ever used the services of a professional exterminator? yes x no D12. EXISTING INSPECTION OR OTHER EXPERT REPORTS D12.1 To your knowledge, are there or have there ever been one or more inspection reports written on the immovable? x yes no 5000A (V14 03/2012) 4/6 For information: Info OACIQ Tel.: or Fax: info@oaciq.com DS Page 4 of 6

19 D12.2 To your knowledge, are there or have there ever been any other tests or expert evaluations done on the immovable (ex.: pyrite, pyrrhotite, radon, ochre deposits, UFFI, asbestos, air quality, water quality or flow, foundation drain)? yes x no D12.3 Are these inspection reports, tests or expert evaluations available? x yes no D13. OTHER INFORMATION D13.1 Apart from what has already been mentioned, to your knowledge has the immovable ever sustained damage due to one or more events such as ice storm, wind storm, flood, fire, or other? yes x no D13.2 To your knowledge, has major work or renovations ever been done to the immovable other than those already mentioned? (e.g. modifications to the structure of the immovable)? Any major work or renovation done to this immovable and not specifically covered by a question on this form must be reported in section D14. yes x no D13.3 Did you obtain the necessary permits to carry out such work? don t know yes x no D13.4 Do you have drawings and specifications pertaining to this work? yes x no D13.5 To your knowledge, has an insurance company ever refused to insure the immovable in whole or in part? yes x no D13.6 To your knowledge, has an insurance company ever refused a claim for damages sustained to the immovable? yes x no D13.7 To your knowledge, has cannabis ever been grown or any other drug, chemical or hazardous material ever been produced inside the immovable? yes x no D13.8 To your knowledge, has there ever been a suicide or violent death in the immovable? x yes no D13.9 To your knowledge, are there any other factors relating to the immovable and not mentioned in these declarations that are liable to significantly reduce the value or restrict the use thereof, reduce the income generated thereby or increase the expenses relating thereto (e.g. development or construction project, environmental problems [e.g. radon], abnormally high noise level, unpleasant odour, etc.)? yes x no D14. DETAILS AND MAJOR IMPROVEMENTS TO THE IMMOVABLE Indicate the number of the clause to which the details apply : D3.1: In 2048, water infiltration at 95 Brodeur St., and in basement. D5.1 and D5.2: There is a crack on the side of the immovable, which occasionally causes water infiltration. D6.1: We often find condensation on all windows, especially in the morning and during winter. D6.3: Signs of mould in the basement and bathrooms. D12.1 and D12.3: At the resquest of the tenant of apt. 97, an air quality report was produced in 2049 by a specialized firm. The report is available upon request. D13.8: November 12, 2048, tenant at 97 Brodeur St., committed suicide. If space is insufficient, the provisions contained in Annex REMINDER: PROVIDE ALL DOCUMENTS AVAILABLE IN SUPPORT OF THE DECLARATIONS. are an integral part of this form. 5000A (V14 03/2012) 5/6 For information: Info OACIQ Tel.: or Fax: info@oaciq.com DS Page 5 of 6

20 D15. SIGNATURES (ALL COPIES MUST BEAR ORIGINAL SIGNATURES) The SELLER hereby declares that all the information contained in this document was provided in good faith and to the best of his knowledge and hereby recognizes that a copy of this document may be submitted to any prospective buyer, agency or broker or to any building inspector or other individual involved in the transaction. He shall provide, in writing, to the agency or broker representing him and, if applicable, to the buyer, any additional information pertaining to the immovable as soon as he has knowledge of it. Signed in 95 Brodeur St., Royaleville (Québec) H2Z 4J4, IDENTIFICATION OF SELLER 1 (PLEASE PRINT) SIGNATURE OF SELLER 1 February 27, P.M. Charles Robert Charles Robert Pierre Johnson Signed in, IDENTIFICATION OF SELLER 2 (PLEASE PRINT) SIGNATURE OF SELLER 2 ACKNOWLEDGEMENT OF RECEIPT The buyer hereby acknowledges having received a copy of these declarations from the seller. Signed in, Signed in, IDENTIFICATION OF BUYER 1 (PLEASE PRINT) IDENTIFICATION OF BUYER 2 (PLEASE PRINT) SIGNATURE OF BUYER 1 SIGNATURE OF BUYER A (V14 03/2012) 6/6 For information: Info OACIQ Tel.: or Fax: info@oaciq.com DS Page 6 of 6

21 NEIGHBOURHOOD NEWS Published November 16, 2048 SUICIDE CASE On the morning of November 13, 2048, we learned with regret of the death of Mrs. Violette Lajoie, residing at 97 Brodeur St., in Royaleville. The victim was found dead in her bathtub during the evening of November 12. The owner, who was absent at the time, noticed on his return that water was leaking from the ceiling. He went upstairs to Mrs. Lajoie s dwelling to investigate. Obtaining no answer, he opened the door with his key and saw that Mrs. Lajoie s apartment was under an inch of water. He found the victim unconscious in her bathtub. At the autopsy the coroner confirmed that the woman had hanged herself on the showerhead and the rope had broken. Police also found a suicide note signed by Mrs. Lajoie stating that she no longer wanted to live. Jean-Marc D Autrey Reporter Page 1 of 1

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26 Neighbourhood Press Volume 14 Number 24 Duplex resale market booming in Rouen Since the beginning of the year, the real estate market in the Royaleville area, especially in the Rouen sector, has been coasting at a good clip. The resale market is stronger than ever in that sector. The year 2050 promises to be a record as more than 1,300 condos have sold after only two months! If the trend holds, a huge growth rate of 200% can be expected compared with Statistics for 2049 already showed a record with over 3,050 properties sold. On average, properties are selling for 98% of their listing price. These results translate into an average price of $365,000 for duplexes in Rouen. The current market is favourable to both buyers and sellers. Page 1 of 1

27 COMPARABLES SOLD Comparable 1 Adjustments Comparable 2 Adjustments Comparable 3 Adjustments Asking price $357,000 $349,500 $388,500 Sale price $355,000 $350,500 $379,900 Number of days 9 days 4 days 68 days Date of sale City Royaleville Royaleville Royaleville Sector / Neighbourhood Rouen Rouen Rouen Property type Duplex Duplex Duplex Building type Semi-detached Semi-detached Semi-detached Building size m x m m x 9.75 m m x m Living area m m m 2 Lot size 25 m x 15 m 14 m x 12 m 25 m x 15 m Lot area 375 m m m 2 Year built Municipal assessment $320,t900 $304,900 $336,900 Number of dwellings Owner occupied? Yes (dwelling 1) Yes (dwelling 1) Yes (dwelling 1) Number of rooms Number of bedrooms Dwelling 1: 6 Dwelling 1: 6 Dwelling 1: 7 Dwelling 2: 5 Dwelling 2: 5 Dwelling 2: 5 Dwelling 1: 3 Dwelling 1: 3 Dwelling 1: 3 Dwelling 2: 3 Dwelling 2: 3 Dwelling 2: 3 Revenue $9,600/yr $9,000/yr $10,500/yr Dwelling currently leased? Yes Yes Yes Finished basement Yes No Yes Fireplace No No Yes Exterior finish Brick Brick Brick Interior finish Regular Regular Regular Windows PVC Replaced in 2047 Original aluminum PVC Replaced in 2045 Heating Electricity Electricity Electricity Heating system Electric baseboards Electric baseboards Electric baseboards Heat pump No No Yes Driveway Paved (1) Paved (2) Paved (2) Garage No No No Additional information Roof: 2046 Bathrooms in both dwellings renovated in 2048 Roof: 2042 Kitchens in both dwellings renovated in 2045 Roof: bathroom and 1 kitchen renovated in 2048 Page 1 of 1

28 INVOICE FOR HEAT PUMP 6700 René-Lévesque Blvd. Royaleville (Québec) H5A 4H Mr. Charles Robert 95 Brodeur St. Royaleville (Québec) H2Z 4J Customer No.: April 14, 2048 Description Amount Heat pump purchase (Model MRGDC-44276) $7, Installation charge $ Maintenance charge $ Extended warranty $ Sub-total: $8, GST ( ) $ QST ( ) $ TOTAL: $9, This invoice shall be payable in 12 equal payments of $816.80/month. This amount includes all charges and applicable taxes. **This contract is transferable to the new owner in case of sale of the property. ** Charles Robert Customer signature Guillaume Frechette Representative signature Page 1 of 1

29 DAILY RATES FIXED RATE MORTGAGE TERM POSTED RATE 1 year 5.20% 5 years 5.25% VARIABLE RATE MORTGAGE TERM POSTED RATE 5 years 4.95% ** In date of May , the qualification note of the Bank of Canada is 5.35%** For the purposes of this certification evaluation, consider that the maximum debt ratios allowed by lenders are the followings: ABD: 39% ATD: 44% Page 1 of 1

30 MANDATORY FORM PROMISE TO PURCHASE CHIEFLY RESIDENTIAL IMMOVABLE CONTAINING LESS THAN FIVE DWELLINGS EXCLUDING CO-OWNERSHIP NOTE This form does not constitute the preliminary contract required under articles 1785 and following of the Civil Code of Québec for the sale of an immovable by a builder or promoter. Where a preliminary contract is required, a specific form must be used. 1. IDENTIFICATION OF THE PARTIES Marc Smith 117 De la commune Street Royaleville, Québec H2Y 3F Charles Robert 95 Brodeur Street Royaleville, Québec H2Z 4J NAME, ADDRESS, TELEPHONE NUMBER AND OF BUYER 1 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO BUYER (E.G. MANDATARY) NAME, ADDRESS, TELEPHONE NUMBER AND OF SELLER 1 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION OR BUSINESS CORPORATION) NAME, ADDRESS, TELEPHONE NUMBER AND OF BUYER 2 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO BUYER (E.G. MANDATARY) (hereinafter called the BUYER ) NAME, ADDRESS, TELEPHONE NUMBER AND OF SELLER 2 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION OR BUSINESS CORPORATION) (hereinafter called the SELLER ). 2. OBJECT OF THE PROMISE TO PURCHASE 2.1 The BUYER hereby promises to purchase the immovable described hereinafter, at the price and under the conditions stated below, through: NUMBER STREET CITY PROVINCE POSTAL CODE CADASTRAL DESCRIPTION DIMENSIONS AREA, broker, carrying on activities within of the following business corporation: representing the following agency: or acting on his own account. 3. SUMMARY DESCRIPTION OF THE IMMOVABLE 3.1 The immovable, with building erected, if applicable, is designated as follows: (hereinafter called the IMMOVABLE ). LICENCE NUMBER Brodeur Street Royaleville Québec H2Z 4J4 Certain elements are greyed out for the purpose of the certification evaluation. m ft m 2 ft 2 1/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP00060 Page 1 of 7

31 4. PRICE AND DEPOSIT (PLUS TAXES, IF APPLICABLE) 4.1 PRICE The purchase price shall be dollars 285,000 Two hundred and eighty-five thousand ($ ) which the BUYER agrees to pay in full upon the signing of the deed of sale. 4.2 The IMMOVABLE is not subject OR is subject to Goods and Services Taxes and Québec sales taxes in a proportion of %. Consequently, any tax that may be imposed as a result of the sale and to be collected by the SELLER under applicable tax laws shall, upon the signing of the deed of sale, be remitted by the BUYER to the SELLER for this purpose. 4.3 DEPOSIT With this promise to purchase, the BUYER remits to the broker referred to in clause 2.1, as a deposit on the sale price to be paid, a sum of dollars ($ ) by cheque payable to the order of in trust NAME OF AGENCY OR BROKER IN TRUST (hereinafter called the TRUSTEE ). Following the acceptance of this promise to purchase, the cheque may be certified and shall be given to the TRUSTEE, who shall deposit it into his trust account until the sum is required by the notary for the purpose of the deed of sale, whereupon that sum shall be applied against the purchase price. As soon as he has deposited that sum into his trust account, the TRUSTEE shall give the depositor a receipt. Should this promise to purchase become null and void, the TRUSTEE shall immediately refund the deposit to the depositor, without interest. The TRUSTEE may require that the request for a refund be made in writing. Otherwise, the TRUSTEE may use that deposit only in accordance with this promise to purchase or with the law. 5. METHOD OF PAYMENT 5.1 DEPOSIT Deposit paid in accordance with clause 4.3 of this promise to purchase: $ 5.2 ADDITIONAL SUM Within the deadline indicated by the acting notary, the BUYER shall pay, or shall cause to be paid, to the acting notary, in trust, an additional sum: $ 5.3 NEW LOAN Within the deadline indicated by the acting notary, the BUYER shall cause to be paid to the notary, in trust, a sum corresponding to any amount to be obtained in the form of a new hypothecary loan in accordance with clause 6.1: $ 5.4 EXISTING LOAN The BUYER shall assume, in accordance with Financing Annex AF-, the obligations relating to the existing hypothecary loans, of which the overall balance is approximately: $ Certain elements are greyed out for the purpose of the certification evaluation. 5.5 BALANCE OF THE SALE PRICE The BUYER shall pay to the SELLER, in accordance with Financing Annex AF-, the balance of the sale price: $ TOTAL PRICE $ 6. NEW HYPOTHECARY LOAN 6.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon as possible and at his expense, all steps necessary to obtain a loan of $, secured by hypothec; this loan bearing interest at the current rate, which shall not exceed % per annum (calculated semi-annually and not in advance), shall be calculated according to a maximum amortization plan of years, the balance becoming due in a minimum of years. 6.2 UNDERTAKING The BUYER undertakes to supply to the SELLER, within days following acceptance of this promise to purchase, a copy of the undertaking by a hypothecary lender to grant the BUYER a loan in the amount set out in clause 6.1 or higher. Receipt of such an undertaking within that period shall have the effect of fully satisfying the conditions set out in clause /7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP Page 2 of 7

32 6.3 ABSENCE OF UNDERTAKING In the absence of proof of such an undertaking, the SELLER may, within a period of five (5) days following the expiry of the period set out in clause 6.2 or following receipt of a notice of refusal, notify the BUYER, in writing: a) that he is requiring the BUYER to file immediately, at his expense, with a hypothecary lender designated by the SELLER, a new application for an hypothecary loan conforming to the conditions set out in clause 6.1. Should the BUYER not succeed in obtaining, within the time period specified in the SELLER s notice, a written undertaking from that hypothecary lender to grant the BUYER the loan applied for, this promise to purchase shall become null and void. However, the receipt of such an undertaking within that period shall have the effect of fully satisfying the conditions of this section; OR b) that he renders this promise to purchase null and void. Where the SELLER does not avail himself of the provisions of paragraph (a) or (b) above within the specified time period, this promise to purchase shall become null and void. 7. DECLARATIONS AND OBLIGATIONS OF THE BUYER 7.1 Subject to clause 8.1 and unless stipulated otherwise in clause 12.1, the BUYER has visited the IMMOVABLE, on and declares that he is satisfied therewith. 7.2 The BUYER declares that he is not bound OR he is bound to the agency or the broker identified in clause 2.1 by a brokerage contract to purchase. 7.3 The costs of the deed of sale, of its registration and of the copies required shall be at the BUYER s expense. 7.4 Transfer duties following the signing of the deed of sale shall be at the BUYER s expense. 7.5 The BUYER may not sell, assign or otherwise alienate his rights in this promise to purchase without obtaining the prior written consent of the SELLER. 7.6 DAMAGES In the event that no deed of sale is signed for the IMMOVABLE through the BUYER s fault, the BUYER undertakes to compensate directly the agency or the broker, bound to the SELLER by brokerage contract, in accordance with the ordinary rules of law, by paying damages equal to the remuneration that the SELLER would otherwise have had to pay. 8. INSPECTION BY A PERSON CHOSEN BY THE BUYER X 8.1 This promise to purchase is conditional upon the BUYER being permitted to have the IMMOVABLE inspected by a building inspector or a professional within a period of 15 days following acceptance of this promise to purchase. Should this inspection reveal the existence of a factor relating to the immovable and liable to significantly reduce the value thereof, reduce the income generated thereby or increase the expense relating thereto, the BUYER shall notify the SELLER, in writing, and shall give him a copy of the inspection report within four (4) days following the expiry of the above-mentioned time period. This promise to purchase shall become null and void upon receipt, by the SELLER, of this notification together with a copy of the inspection report. Should the BUYER fail to notify the SELLER within the time period and in the manner specified above, he shall be deemed to have waived this condition. OR By initialing this box, the BUYER acknowledges having been informed of his right to have the IMMOVABLE inspected by a building inspector or a professional and having waived his right to do so. 9. REVIEW OF DOCUMENTS BY THE BUYER 9.1 This promise to purchase is conditional upon the BUYER s examination and verification of the following documents: To this effect, the SELLER shall submit to the BUYER a copy of the above documents within days following acceptance of this promise to purchase. Should the BUYER not be satisfied upon examining and verifying these documents or should he fail to receive them within the specified time period and wishes to make this promise to purchase null and void as a result, he shall notify the SELLER, in writing, within seven (7) days following the expiry of the above mentioned time period. Certain elements are greyed out for the purpose of the certification evaluation. This promise to purchase shall become null and void upon receipt of this notification by the SELLER. Should the BUYER fail to notify the SELLER within the above mentioned time period, he shall be deemed to have waived this condition. 7 3/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP00060 Page 3 of 7

33 10. DECLARATIONS AND OBLIGATIONS OF THE SELLER 10.1 The SELLER declares that: 1. he is the sole owner of the IMMOVABLE or is duly authorized to sign this promise to purchase; 2. where applicable, his spouse consents to and concurs in this promise to purchase and will intervene in the deed of sale; 3. he is a Canadian resident within the meaning of the Income Tax Act and the Taxation Act and does not intend to change this residence, otherwise the tax provisions concerning the issuance of a certificate or the withholding of a portion of the sale price shall be applied; 4. the IMMOVABLE is not the subject of an agreement to sell, exchange or lease it, or of a pre-emptive right in favour of a third party; 5. the IMMOVABLE is not an immovable referred to in article 1785 of the Civil Code of Québec, i.e. an existing or planned residential immovable sold by the builder or a promoter to a natural person who acquires it to occupy it, whether or not the sale includes the transfer to this buyer of the seller s rights over the land DELIVERY OF THE IMMOVABLE The SELLER promises to sell the IMMOVABLE to the BUYER and, unless stipulated otherwise in clause 12.1, undertakes to deliver the IMMOVABLE in the condition in which it was when the BUYER visited it OWNERSHIP DOCUMENTS The SELLER shall supply the BUYER with a valid title of ownership. The IMMOVABLE shall be sold free of any real right or other charges, other than the usual and apparent servitudes of public utility. The SELLER shall be warrantor towards the BUYER for any violation of the restrictions of public law that affect the IMMOVABLE and that are exceptions to the ordinary law of ownership. The SELLER shall supply to the BUYER his act of acquisition, as well as a certificate of location describing the current state of the IMMOVABLE, reflecting any cadastral renovation if applicable; the cost of any new certificate of location shall be borne by the BUYER where the previous certificate proves not to have been amended. The SELLER shall also supply to the BUYER, upon request, any documents in his possession concerning the IMMOVABLE. These documents shall be forwarded to the acting notary identified in clause COSTS RELATING TO REPAYMENT AND CANCELLATION The costs relating to the repayment and cancellation of any debt secured by hypothec, prior claim or any other real right affecting the IMMOVABLE shall be borne by the SELLER where payment of those costs will not be assumed by the BUYER. The costs relating to repayment include any penalty that may be applicable in case of early repayment DEFECT OR IRREGULARITY Should the BUYER or the SELLER be notified, before the signing of the deed of sale, of any defect or irregularity whatsoever affecting the declarations and obligations of the SELLER contained herein, the SELLER shall, within twenty-one (21) days following receipt of a written notice to that effect, notify the BUYER, in writing, that he has remedied that defect or irregularity at his expense or that he will not to remedy it. The BUYER may, within a period of five (5) days following receipt of a notice from the SELLER that the latter will not remedy the defect or irregularity, or following the expiry of the twenty-one (21) day period in the absence of any notice, notify the SELLER, in writing: a) that he is purchasing with the alleged defects or irregularities mentioned. Consequently, the SELLER s declarations and obligations shall be reduced accordingly; OR b) that he renders this promise to purchase null and void. Consequently, the fees, expenses and costs reasonably incurred until that time by the BUYER and the SELLER shall be borne only by the SELLER. Where the BUYER has not availed himself of the provisions of paragraphs (a) or (b) above within the specified time period, this promise to purchase shall become null and void, in which case the BUYER and the SELLER shall each bear the fees, expenses and costs incurred by them respectively INTERVENTION OF SPOUSE If part of the IMMOVABLE constitutes the SELLER s family residence, or where rendered necessary by the SELLER s matrimonial status, the SELLER undertakes to remit to the BUYER, as soon as this promise to purchase is accepted, either a document evidencing his spouse s consent and, where applicable, his spouse s concurrence and an undertaking by his spouse to intervene for the same purposes in the notarial deed of sale, or a copy of a judgment authorizing him to sell the IMMOVABLE without his spouse s consent. Failing that, the BUYER may, by giving written notice to this effect, render this promise to purchase null and void DAMAGES In the event that, through the SELLER s fault, no deed of sale is signed for the IMMOVABLE, the SELLER undertakes to compensate directly the agency or the broker, bound to the BUYER by a brokerage contract to purchase, in accordance with the ordinary rules of law, by paying damages equal to the remuneration that the BUYER would otherwise have had to pay. 11. DECLARATIONS AND OBLIGATIONS COMMON TO THE BUYER AND THE SELLER 11.1 DEED OF SALE The BUYER and the SELLER undertake to sign a deed of sale before, notary, on or before June 25, 2050 Catherine Dubé. The BUYER shall be the owner upon the signing of the deed of sale. The BUYER and the SELLER hereby authorize the broker identified in clause 2.1 to forward to the notary identified above the information contained in this form and the annexes thereto, including any related document, within the deadline indicated by the notary. 4/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP Page 4 of 7

34 11.2 OCCUPANCY OF PREMISES The SELLER undertakes to render the immovable available for occupancy by the BUYER as of at : and to leave it free of any property not included in this promise to purchase or not assumed by the BUYER, failing which the BUYER may have it removed at the SELLER s expense. If the SELLER vacates the IMMOVABLE before that date, he shall nevertheless remain responsible for keeping the immovable in the condition that it was in when the BUYER visited it ADJUSTMENTS Upon the signing of the deed of sale, all the adjustments in respect of general and special real estate taxes, fuel reserves, and income or expenses relating to the IMMOVABLE shall be made: X as of the date of signing of the deed of sale; OR A.M. as of the date of occupancy. If the occupancy of the premises is to be subsequent to the signing of the deed of sale, an adjustment in regard of this occupancy shall be made at the signing of the deed of sale, according to the following calculation: the SELLER shall pay an amount equivalent to $ per month, calculated from the date of signing of the deed of sale to the date of occupancy set out in clause 11.2, as compensation for the SELLER s occupancy of the premises during that period. In such event, heating, electricity and general maintenance costs relating to the premises occupied shall be assumed by the SELLER. In addition, the SELLER shall supply to the BUYER, at his expense, proof of liability insurance AGENCY OR BROKER REMUNERATION INSTRUCTIONS TO THE NOTARY The BUYER and the SELLER irrevocably instruct the acting notary to pay directly to, agency or broker of the SELLER, the remuneration amount set out in the brokerage contract to sell awarded by the SELLER from the available sums payable to the SELLER after payment of any prior or hypothecary claim and any disbursements or fees incurred by the notary to cancel these claims. Upon instruction from the agency or broker of the SELLER, the notary shall pay a portion of this remuneration to the agency or broker identified in clause INCLUSIONS Included in the sale are the following items: Heat pump, Model MRGDC July 1, 2050 which are sold without any legal warranty of quality, at the BUYER s own risk, but must be in working order at the time of delivery of the IMMOVABLE EXCLUSIONS Excluded from the sale are the following items: Service and leasing contracts on appliances and equipment to be assumed by the BUYER: 11.8 Items covered by an instalment sales contract, trial sales contract, sales contract with right of redemption, sale contract with resolutory clause, or leasing contract, and obligations of the SELLER to be assumed by the BUYER: Certain elements are greyed out for the purpose of the certification evaluation. 5/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP Page 5 of 7

35 12. OTHER DECLARATIONS AND CONDITIONS 12.1 Certain elements are greyed out for the purpose of the certification evaluation. 13. ANNEXES 13.1 The provisions set forth in the Declarations by the seller Annex DS- and those set forth in the Annexes identified below form an integral part of this promise to purchase: General Annex AG- Residential immovable Annex AR- Financing Annex AF- Other(s) : CONDITIONS OF ACCEPTANCE 14.1 The BUYER and the SELLER declare that their consent is not the result of any representation or condition not contained herein. The BUYER 6 00 P.M. June 4, 2050 is irrevocably commited until :, on. If the SELLER accepts this promise to purchase, within this deadline, it shall constitute a contract that is legally binding on the BUYER and the SELLER until proper and full execution. If the SELLER does not accept it, within this deadline, this promise to purchase shall become null and void. A refusal by the SELLER shall render this promise to purchase null and void. A counter-proposal by the SELLER shall have the same effect as a refusal. 15. INTERPRETATION 15.1 Unless the context dictates otherwise, the masculine form includes the feminine and neutral forms and vice versa, and the singular includes the plural and vice versa This contract and the performance thereof are governed by the laws of Québec. 6/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP00060 Page 6 of 7

36 16. SIGNATURES The parties have requested that this form and all related documents be drawn up in English only. Les parties aux présentes ont exigé que le présent formulaire et tous les documents qui s y rattachent soient rédigés en anglais seulement. BUYER The BUYER acknowledges having read, understood and agreed to this promise to purchase, including any annexes thereto, and having received a copy thereof. SELLER s REPLY The SELLER acknowledges having read and understood this promise to purchase, including any annexes thereto, and having received a copy thereof. The SELLER ACCEPTS OR REFUSES promise to purchase or submits counter-proposal CP -. this Signed in 117 de la Commune St., Royaleville (Quebec) H2Y 3F9, Marc Smith SIGNATURE OF BUYER 1 Yourself June 2, A.M. Signed in, SIGNATURE OF SELLER 1 Signed in, SIGNATURE OF BUYER Signed in, SIGNATURE OF SELLER 2 ACKNOWLEDGEMENT OF RECEIPT The BUYER acknowledges having received a copy of the SELLER s reply. INTERVENTION OF SELLER s SPOUSE The undersigned declares to be the spouse of the SELLER, to consent to and, where applicable, concur in the acceptance of this promise to purchase, including any annexes thereto, and to undertake to intervene in the notarial deed of sale for all legal purposes. Signed in, Signed in, SIGNATURE OF BUYER 1 SIGNATURE OF SELLER S SPOUSE Signed in, SIGNATURE OF BUYER 2 7/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP00060 Page 7 of 7

37 MANDATORY FORM ANNEX F FINANCING NOTE This form is to be used, where applicable, to supplement the mandatory form of the promise to purchase concerning a residential immovable. F1. REFERENCE TO THE PRINCIPAL FORM F1.1 The conditions set out in this Annex form an integral part of promise to purchase PP - concerning the IMMOVABLE located at Brodeur St., Royaleville (Québec) H2Z 4J the following address:. F2. OPTIONAL CONDITIONS IN THIS SECTION, ONLY THE CONDITIONS IDENTIFIED BY A CHECK MARK FORM AN INTEGRAL PART OF THIS ANNEX. F2.1 PROOF OF AVAILABILITY OF FUNDS OR EQUITY IN CASE OF CASH PURCHASE The BUYER undertakes to provide to the SELLER within days following acceptance of the promise to purchase: any document demonstrating that he has the necessary funds to cover the purchase price; any document demonstrating that he has accepted, for an immovable of which he is the owner, a promise to purchase in which all conditions have been fulfilled, excluding the signing of the deed of sale before a notary, as well as a letter from the lending institutions indicating the balance of the loan secured by hypothec on this immovable. Should the BUYER fail to provide these documents within the time period specified above, the SELLER shall have the right to render the promise to purchase null and void by sending written notification to the BUYER to this effect within four (4) days following the expiry of this time period. The promise to purchase shall become null and void from the time of receipt of such notification by the BUYER. Should the SELLER fail to notify the BUYER within the time period and in the manner specified above, he shall be deemed to have waived the benefit of this condition. F2.2 PENALTY Despite the terms of clause $ held in trust by shall be remitted to the SELLER as liquidated damages. of the promise to purchase, in the event that the signing of the deed of sale does not take place on because the BUYER voluntarily blocks it or otherwise voluntarily prevents it from occurring, the amount of NAME OF BROKER OR AGENCY IN TRUST F2.3 ASSUMING OF EXISTING HYPOTHECARY OBLIGATIONS F2.3.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon as possible and at his expense, all steps necessary to obtain the hypothecary creditors consent, where such consent is required, for the BUYER to assume the hypothecary obligations relating to the following loans: a) a loan having a balance of approximately $, secured by a rank hypothec held by ; that loan, which bears interest at the rate of % per annum (calculated semi-annually and not in advance), is payable in instalments of (combining principal and interest), the balance becoming due on. Certain elements are greyed out for the purpose of the certification evaluation. b) a loan having a balance of approximately $, secured by a rank hypothec held by ; that loan, which bears interest at the rate of % per annum (calculated semi-annually and not in advance), is payable in instalments of (combining principal and interest), the balance becoming due on. F2.3.2 CONSENT The BUYER undertakes to supply to the SELLER, within days following acceptance of the promise to purchase, a copy of the hypothecary creditors consent. The receipt of such consents within that period shall have the effect of fully satisfying the conditions set out in F /2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AF Page 1 of 2

38 F2.3.3 ABSENCE OF CONSENT In the absence of proof of such consents, the SELLER may, within a period of five (5) days following the expiry of the period provided in F2.3.2 or following receipt of a notice of refusal: a) himself request, for and on behalf of the BUYER, the hypothecary creditors written consent for the BUYER to assume the SELLER S hypothecary obligations. Should the BUYER not succeed in obtaining such written consents within a period of five (5) days, the promise to purchase shall become null and void. However, the receipt of such consents within that period shall have the effect of fully satisfying the conditions of this section; or b) render the promise to purchase null and void by giving notice in writing to that effect. Where the SELLER does not avail himself of the provisions of paragraphs (a) or (b) above within the specified time period, the promise to purchase shall become null and void. F2.4 BALANCE OF THE SALE PRICE F2.4.1 TERMS AND CONDITIONS The BUYER shall pay to the SELLER the balance of the sale price of $ as referred to in clause 5.5 of the promise to purchase, which shall be secured by a rank hypothec subsequent to one or more hypothecs securing a loan having a capital of not more than $ ; this balance of the sale price shall bear interest at the rate of % per annum (calculated semi-annually and not in advance), calculated according to an amortization plan of years, the balance becoming due in a minimum of years. The BUYER shall, at any time, have the right to reimburse in advance, without penalty, all or part of the balance, as long as such reimbursement is by instalments of $ or any multiple thereof. F2.4.2 GUARANTEE AND PRIOR CLAIM The deed of sale shall contain a resolutory clause, the clauses usually guaranteeing payment of a balance of the sale price of an immovable, and a clause whereby the SELLER consents to giving up priority of rank should a new hypothec be created in accordance with clause 6.1 of the promise to purchase, or should a hypothec already ranking ahead of the balance of the sale price be renewed or replaced, provided that the balance of the loans secured by such hypothecs is not increased and the BUYER is not in default of fulfilling his obligations. The BUYER s first rank hypothec can only be an hypothec with a fixed amortization without a clause allowing him or her to re-borrow from capital. This hypothec can only secure one term debt, excluding future debts and credit lines. If the SELLER must consent to give up his priority of rank should the property be refinanced by the BUYER, the SELLER shall not be required to give up his rank for a capital amount greater than the outstanding balance on the current first rank hypotec. F2.4.3 TRANSFERABILITY This balance of the sale price shall not be transferred without the prior written consent of the SELLER. F3. ADDITIONAL TERMS AND CONDITIONS F3.1 Certain elements are greyed out for the purpose of the certification evaluation. F4. INITIALS (ALL COPIES MUST BEAR INITIALS) MS Your Initals BUYER 1 BUYER 2 SELLER 1 SELLER 2 2/2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AF Page 2 of 2

39 MANDATORY FORM ANNEX R RESIDENTIAL IMMOVABLE NOTE This form is to be used, where applicable, to complete a mandatory promise to purchase form for a residential immovable. 1. REFERENCE TO PRINCIPAL FORM R1.1 The conditions set out in this Annex form an integral part of promise to purchase PP - concerning the IMMOVABLE located Brodeur St., Royaleville (Québec) H2Z 4J at the following address:. 2. OPTIONAL CONDITIONS IN THIS SECTION, ONLY THE CONDITIONS IDENTIFIED BY A CHECK MARK FORM AN INTEGRAL PART OF THIS ANNEX. R2.1 SALE OF THE BUYER s IMMOVABLE This promise to purchase is conditional upon the sale of the BUYER s immovable located at the following address: The BUYER agrees to notify the SELLER in writing, before at : : a) that this condition has been fulfilled; OR b) that he waives the benefit of this condition. The BUYER shall be able to waive the benefit of this condition only if he can demonstrate at the same time that he has the necessary funds to cover the purchase price. In the event that the promise to purchase is also conditional upon obtaining a hypothecary loan, the remittance, within the period indicated in this condition, of evidence of the hypothecary lender s undertaking to grant a loan meeting the requirements of the financing condition while being conditional upon the sale of the immovable described above shall satisfy the latter condition. However, if condition R2.1 is fulfilled, the BUYER shall provide proof of the hypothecary lender s unconditional undertaking. The receipt of such notification within the period indicated in condition R2.1, along with, where applicable, the undertaking by a hypothecary lender or proof of fund availability, shall fully satisfy this condition. Should the BUYER fail to avail himself of the provisions of sub-section (a) or (b) within the specified time period, the promise to purchase shall become null and void. Certain elements are greyed out for the purpose of the certification evaluation. R2.2 PRIVILEGE OF CONTINUING TO OFFER THE IMMOVABLE FOR SALE, WITH A FIRST REFUSAL CLAUSE The SELLER may continue to offer the IMMOVABLE for sale regardless of the acceptance of this promise to purchase. Should a new promise to purchase be accepted, as soon as all the conditions of this new promise excluding signing the deed of sale in the presence of the notary and obtaining cancellation of the promise to purchase have been fulfilled, he shall notify the BUYER by any means providing evidence of the time of receipt, or by telegram at. ADDRESS, TELEPHONE NUMBER The BUYER may, within 72 hours following receipt of such notification, or following time of sending if sent by telegram (the time recorded by the telecommunications company serving as proof), give the SELLER or the SELLER s agency or broker written notification of his decision to either: a) waive the benefit of condition R2.1, as well as any other condition of the promise to purchase that has not yet been fulfilled, excluding the signing of the deed of sale in the presence of a notary; OR b) render the promise to purchase null and void. The BUYER may waive the benefit of condition R2.1 only if he can demonstrate at the same time that he has the necessary funds to cover the purchase price. Should the BUYER fail to avail himself of the provisions of sub-section (a) or (b) within the specified time period, the promise to purchase shall become null and void. 1/2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AR Page 1 of 2

40 R2.3 ACCEPTANCE CONDITIONAL UPON CANCELLATION OF ANOTHER ACCEPTED PROMISE TO PURCHASE The SELLER undertakes, in good faith and at his own expense, to take reasonable steps to obtain cancellation of any other previously accepted promise to purchase on the IMMOVABLE, as soon as all the conditions of the promise to purchase have been fulfilled, excluding this condition and the signing of the deed of sale in the presence of a notary. The SELLER shall notify the BUYER in writing of such cancellation within days following acceptance hereof, failing which the promise to purchase shall become null and void. R2.4 PROMISE TO PURCHASE CONDITIONAL UPON CANCELLATION OF ANY OTHER PROMISE TO PURCHASE This promise to purchase is conditional upon the cancellation of any other promise to purchase, by at :. In this event, the SELLER shall notify the BUYER in writing within this time period. All time periods contained in the promise to purchase shall begin from the time of receipt of the SELLER written notification. If the SELLER fails to notify the BUYER within the time period and in the manner specified above, the promise to purchase shall become null and void. R2.5 REMUNERATION TO AGENCY OR BROKER BOUND BY A BROKERAGE CONTRACT TO PURCHASE INSTRUCTIONS TO THE NOTARY The BUYER and the SELLER irrevocably instruct the acting notary to pay directly to the agency or broker identified in clause 2.1 of the promise to purchase % of the sale price or a sum of dollars ($ ), plus taxes, due under the brokerage contract to purchase signed with the BUYER, minus, if applicable, the portion of remuneration due to the agency or broker in accordance with the remuneration sharing agreement concluded with the SELLER s agency or broker, from the available sums payable to the SELLER after payment of any prior or hypothecary claims and any disbursements or fees incurred by the notary to cancel these debts. Certain elements are greyed out for the purpose of the certification evaluation. The sums payable to the SELLER shall then be paid to him, minus any sums provided in this clause and the adjustments. 3. ADDITIONAL TERMS AND CONDITIONS R INITIALS (ALL COPIES MUST BE INITIALLED) MS your initials BUYER 1 BUYER 2 SELLER 1 SELLER 2 2/2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AR Page 2 of 2

41 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 1 of 10

42 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 2 of 10

43 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 3 of 10

44 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 4 of 10

45 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 5 of 10

46 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 6 of 10

47 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 7 of 10

48 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 8 of 10

49 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 9 of 10

50 Answer sheet ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the element of the scenario that you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail. ANSWER Page 10 of 10

51 MANDATORY FORM PROMISE TO PURCHASE CHIEFLY RESIDENTIAL IMMOVABLE CONTAINING LESS THAN FIVE DWELLINGS EXCLUDING CO-OWNERSHIP NOTE This form does not constitute the preliminary contract required under articles 1785 and following of the Civil Code of Québec for the sale of an immovable by a builder or promoter. Where a preliminary contract is required, a specific form must be used. 1. IDENTIFICATION OF THE PARTIES NAME, ADDRESS, TELEPHONE NUMBER AND OF BUYER 1 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO BUYER (E.G. MANDATARY) NAME, ADDRESS, TELEPHONE NUMBER AND OF SELLER 1 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION OR BUSINESS CORPORATION) NAME, ADDRESS, TELEPHONE NUMBER AND OF BUYER 2 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO BUYER (E.G. MANDATARY) (hereinafter called the BUYER ). NAME, ADDRESS, TELEPHONE NUMBER AND OF SELLER 2 AND REPRESENTATIVE, IF APPLICABLE, RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION OR BUSINESS CORPORATION) (hereinafter called the SELLER ). 2. OBJECT OF THE PROMISE TO PURCHASE 2.1 The BUYER hereby promises to purchase the immovable described hereinafter, at the price and under the conditions stated below, through: carrying on activities within of the following business corporation: representing the following agency:, broker, LICENCE NUMBER or acting on his own account. 3. SUMMARY DESCRIPTION OF THE IMMOVABLE 3.1 The immovable, with building erected, if applicable, is designated as follows: NUMBER STREET CITY PROVINCE POSTAL CODE CADASTRAL DESCRIPTION DIMENSIONS m ft m 2 ft 2 AREA (hereinafter called the IMMOVABLE ). 1/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP Page 1 of 7

52 4. PRICE AND DEPOSIT (PLUS TAXES, IF APPLICABLE) 4.1 PRICE The purchase price shall be dollars ($ ) which the BUYER agrees to pay in full upon the signing of the deed of sale. 4.2 The IMMOVABLE is not subject OR is subject to Goods and Services Taxes and Québec sales taxes in a proportion of %. Consequently, any tax that may be imposed as a result of the sale and to be collected by the SELLER under applicable tax laws shall, upon the signing of the deed of sale, be remitted by the BUYER to the SELLER for this purpose. 4.3 DEPOSIT With this promise to purchase, the BUYER remits to the broker referred to in clause 2.1, as a deposit on the sale price to be paid, a sum of dollars ($ ) by cheque payable to the order of in trust NAME OF AGENCY OR BROKER IN TRUST (hereinafter called the TRUSTEE ). Following the acceptance of this promise to purchase, the cheque may be certified and shall be given to the TRUSTEE, who shall deposit it into his trust account until the sum is required by the notary for the purpose of the deed of sale, whereupon that sum shall be applied against the purchase price. As soon as he has deposited that sum into his trust account, the TRUSTEE shall give the depositor a receipt. Should this promise to purchase become null and void, the TRUSTEE shall immediately refund the deposit to the depositor, without interest. The TRUSTEE may require that the request for a refund be made in writing. Otherwise, the TRUSTEE may use that deposit only in accordance with this promise to purchase or with the law. 5. METHOD OF PAYMENT 5.1 DEPOSIT Deposit paid in accordance with clause 4.3 of this promise to purchase: $ 5.2 ADDITIONAL SUM Within the deadline indicated by the acting notary, the BUYER shall pay, or shall cause to be paid, to the acting notary, in trust, an additional sum: $ 5.3 NEW LOAN Within the deadline indicated by the acting notary, the BUYER shall cause to be paid to the notary, in trust, a sum corresponding to any amount to be obtained in the form of a new hypothecary loan in accordance with clause 6.1: $ 5.4 EXISTING LOAN The BUYER shall assume, in accordance with Financing Annex AF-, the obligations relating to the existing hypothecary loans, of which the overall balance is approximately: $ 5.5 BALANCE OF THE SALE PRICE The BUYER shall pay to the SELLER, in accordance with Financing Annex AF-, the balance of the sale price: $ TOTAL PRICE $ 6. NEW HYPOTHECARY LOAN 6.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon as possible and at his expense, all steps necessary to obtain a loan of $, secured by hypothec; this loan bearing interest at the current rate, which shall not exceed % per annum (calculated semi-annually and not in advance), shall be calculated according to a maximum amortization plan of becoming due in a minimum of years. years, the balance 6.2 UNDERTAKING The BUYER undertakes to supply to the SELLER, within days following acceptance of this promise to purchase, a copy of the undertaking by a hypothecary lender to grant the BUYER a loan in the amount set out in clause 6.1 or higher. Receipt of such an undertaking within that period shall have the effect of fully satisfying the conditions set out in clause /7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP00061 Page 2 of 7

53 6.3 ABSENCE OF UNDERTAKING In the absence of proof of such an undertaking, the SELLER may, within a period of five (5) days following the expiry of the period set out in clause 6.2 or following receipt of a notice of refusal, notify the BUYER, in writing: a) that he is requiring the BUYER to file immediately, at his expense, with a hypothecary lender designated by the SELLER, a new application for an hypothecary loan conforming to the conditions set out in clause 6.1. Should the BUYER not succeed in obtaining, within the time period specified in the SELLER s notice, a written undertaking from that hypothecary lender to grant the BUYER the loan applied for, this promise to purchase shall become null and void. However, the receipt of such an undertaking within that period shall have the effect of fully satisfying the conditions of this section; OR b) that he renders this promise to purchase null and void. Where the SELLER does not avail himself of the provisions of paragraph (a) or (b) above within the specified time period, this promise to purchase shall become null and void. 7. DECLARATIONS AND OBLIGATIONS OF THE BUYER 7.1 Subject to clause 8.1 and unless stipulated otherwise in clause 12.1, the BUYER has visited the IMMOVABLE, on and declares that he is satisfied therewith. 7.2 The BUYER declares that he is not bound OR he is bound to the agency or the broker identified in clause 2.1 by a brokerage contract to purchase. 7.3 The costs of the deed of sale, of its registration and of the copies required shall be at the BUYER s expense. 7.4 Transfer duties following the signing of the deed of sale shall be at the BUYER s expense. 7.5 The BUYER may not sell, assign or otherwise alienate his rights in this promise to purchase without obtaining the prior written consent of the SELLER. 7.6 DAMAGES In the event that no deed of sale is signed for the IMMOVABLE through the BUYER s fault, the BUYER undertakes to compensate directly the agency or the broker, bound to the SELLER by brokerage contract, in accordance with the ordinary rules of law, by paying damages equal to the remuneration that the SELLER would otherwise have had to pay. 8. INSPECTION BY A PERSON CHOSEN BY THE BUYER 8.1 This promise to purchase is conditional upon the BUYER being permitted to have the IMMOVABLE inspected by a building inspector or a professional within a period of days following acceptance of this promise to purchase. Should this inspection reveal the existence of a factor relating to the immovable and liable to significantly reduce the value thereof, reduce the income generated thereby or increase the expense relating thereto, the BUYER shall notify the SELLER, in writing, and shall give him a copy of the inspection report within four (4) days following the expiry of the above-mentioned time period. This promise to purchase shall become null and void upon receipt, by the SELLER, of this notification together with a copy of the inspection report. Should the BUYER fail to notify the SELLER within the time period and in the manner specified above, he shall be deemed to have waived this condition. OR By initialing this box, the BUYER acknowledges having been informed of his right to have the IMMOVABLE inspected by a building inspector or a professional and having waived his right to do so. 9. REVIEW OF DOCUMENTS BY THE BUYER 9.1 This promise to purchase is conditional upon the BUYER s examination and verification of the following documents: To this effect, the SELLER shall submit to the BUYER a copy of the above documents within days following acceptance of this promise to purchase. Should the BUYER not be satisfied upon examining and verifying these documents or should he fail to receive them within the specified time period and wishes to make this promise to purchase null and void as a result, he shall notify the SELLER, in writing, within seven (7) days following the expiry of the above mentioned time period. This promise to purchase shall become null and void upon receipt of this notification by the SELLER. Should the BUYER fail to notify the SELLER within the above mentioned time period, he shall be deemed to have waived this condition. 3/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP00061 Page 3 of 7

54 10. DECLARATIONS AND OBLIGATIONS OF THE SELLER 10.1 The SELLER declares that: 1. he is the sole owner of the IMMOVABLE or is duly authorized to sign this promise to purchase; 2. where applicable, his spouse consents to and concurs in this promise to purchase and will intervene in the deed of sale; 3. he is a Canadian resident within the meaning of the Income Tax Act and the Taxation Act and does not intend to change this residence, otherwise the tax provisions concerning the issuance of a certificate or the withholding of a portion of the sale price shall be applied; 4. the IMMOVABLE is not the subject of an agreement to sell, exchange or lease it, or of a pre-emptive right in favour of a third party; 5. the IMMOVABLE is not an immovable referred to in article 1785 of the Civil Code of Québec, i.e. an existing or planned residential immovable sold by the builder or a promoter to a natural person who acquires it to occupy it, whether or not the sale includes the transfer to this buyer of the seller s rights over the land DELIVERY OF THE IMMOVABLE The SELLER promises to sell the IMMOVABLE to the BUYER and, unless stipulated otherwise in clause 12.1, undertakes to deliver the IMMOVABLE in the condition in which it was when the BUYER visited it OWNERSHIP DOCUMENTS The SELLER shall supply the BUYER with a valid title of ownership. The IMMOVABLE shall be sold free of any real right or other charges, other than the usual and apparent servitudes of public utility. The SELLER shall be warrantor towards the BUYER for any violation of the restrictions of public law that affect the IMMOVABLE and that are exceptions to the ordinary law of ownership. The SELLER shall supply to the BUYER his act of acquisition, as well as a certificate of location describing the current state of the IMMOVABLE, reflecting any cadastral renovation if applicable; the cost of any new certificate of location shall be borne by the BUYER where the previous certificate proves not to have been amended. The SELLER shall also supply to the BUYER, upon request, any documents in his possession concerning the IMMOVABLE. These documents shall be forwarded to the acting notary identified in clause COSTS RELATING TO REPAYMENT AND CANCELLATION The costs relating to the repayment and cancellation of any debt secured by hypothec, prior claim or any other real right affecting the IMMOVABLE shall be borne by the SELLER where payment of those costs will not be assumed by the BUYER. The costs relating to repayment include any penalty that may be applicable in case of early repayment DEFECT OR IRREGULARITY Should the BUYER or the SELLER be notified, before the signing of the deed of sale, of any defect or irregularity whatsoever affecting the declarations and obligations of the SELLER contained herein, the SELLER shall, within twenty-one (21) days following receipt of a written notice to that effect, notify the BUYER, in writing, that he has remedied that defect or irregularity at his expense or that he will not to remedy it. The BUYER may, within a period of five (5) days following receipt of a notice from the SELLER that the latter will not remedy the defect or irregularity, or following the expiry of the twenty-one (21) day period in the absence of any notice, notify the SELLER, in writing: a) that he is purchasing with the alleged defects or irregularities mentioned. Consequently, the SELLER s declarations and obligations shall be reduced accordingly; OR b) that he renders this promise to purchase null and void. Consequently, the fees, expenses and costs reasonably incurred until that time by the BUYER and the SELLER shall be borne only by the SELLER. Where the BUYER has not availed himself of the provisions of paragraphs (a) or (b) above within the specified time period, this promise to purchase shall become null and void, in which case the BUYER and the SELLER shall each bear the fees, expenses and costs incurred by them respectively INTERVENTION OF SPOUSE If part of the IMMOVABLE constitutes the SELLER s family residence, or where rendered necessary by the SELLER s matrimonial status, the SELLER undertakes to remit to the BUYER, as soon as this promise to purchase is accepted, either a document evidencing his spouse s consent and, where applicable, his spouse s concurrence and an undertaking by his spouse to intervene for the same purposes in the notarial deed of sale, or a copy of a judgment authorizing him to sell the IMMOVABLE without his spouse s consent. Failing that, the BUYER may, by giving written notice to this effect, render this promise to purchase null and void DAMAGES In the event that, through the SELLER s fault, no deed of sale is signed for the IMMOVABLE, the SELLER undertakes to compensate directly the agency or the broker, bound to the BUYER by a brokerage contract to purchase, in accordance with the ordinary rules of law, by paying damages equal to the remuneration that the BUYER would otherwise have had to pay. 11. DECLARATIONS AND OBLIGATIONS COMMON TO THE BUYER AND THE SELLER 11.1 DEED OF SALE The BUYER and the SELLER undertake to sign a deed of sale before, notary, on or before. The BUYER shall be the owner upon the signing of the deed of sale. The BUYER and the SELLER hereby authorize the broker identified in clause 2.1 to forward to the notary identified above the information contained in this form and the annexes thereto, including any related document, within the deadline indicated by the notary. 4/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP Page 4 of 7

55 11.2 OCCUPANCY OF PREMISES The SELLER undertakes to render the immovable available for occupancy by the BUYER as of at : and to leave it free of any property not included in this promise to purchase or not assumed by the BUYER, failing which the BUYER may have it removed at the SELLER s expense. If the SELLER vacates the IMMOVABLE before that date, he shall nevertheless remain responsible for keeping the immovable in the condition that it was in when the BUYER visited it ADJUSTMENTS Upon the signing of the deed of sale, all the adjustments in respect of general and special real estate taxes, fuel reserves, and income or expenses relating to the IMMOVABLE shall be made: as of the date of signing of the deed of sale; OR as of the date of occupancy. If the occupancy of the premises is to be subsequent to the signing of the deed of sale, an adjustment in regard of this occupancy shall be made at the signing of the deed of sale, according to the following calculation: the SELLER shall pay an amount equivalent to $ per month, calculated from the date of signing of the deed of sale to the date of occupancy set out in clause 11.2, as compensation for the SELLER s occupancy of the premises during that period. In such event, heating, electricity and general maintenance costs relating to the premises occupied shall be assumed by the SELLER. In addition, the SELLER shall supply to the BUYER, at his expense, proof of liability insurance AGENCY OR BROKER REMUNERATION INSTRUCTIONS TO THE NOTARY The BUYER and the SELLER irrevocably instruct the acting notary to pay directly to, agency or broker of the SELLER, the remuneration amount set out in the brokerage contract to sell awarded by the SELLER from the available sums payable to the SELLER after payment of any prior or hypothecary claim and any disbursements or fees incurred by the notary to cancel these claims. Upon instruction from the agency or broker of the SELLER, the notary shall pay a portion of this remuneration to the agency or broker identified in clause INCLUSIONS Included in the sale are the following items: which are sold without any legal warranty of quality, at the BUYER s own risk, but must be in working order at the time of delivery of the IMMOVABLE EXCLUSIONS Excluded from the sale are the following items: 11.7 Service and leasing contracts on appliances and equipment to be assumed by the BUYER: 11.8 Items covered by an instalment sales contract, trial sales contract, sales contract with right of redemption, sale contract with resolutory clause, or leasing contract, and obligations of the SELLER to be assumed by the BUYER: 5/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP00061 Page 5 of 7

56 12. OTHER DECLARATIONS AND CONDITIONS ANNEXES 13.1 The provisions set forth in the Declarations by the seller Annex DS- and those set forth in the Annexes identified below form an integral part of this promise to purchase: General Annex AG- Residential immovable Annex AR- Financing Annex AF- Other(s) : 14. CONDITIONS OF ACCEPTANCE 14.1 The BUYER and the SELLER declare that their consent is not the result of any representation or condition not contained herein. The BUYER is irrevocably commited until :, on. If the SELLER accepts this promise to purchase, within this deadline, it shall constitute a contract that is legally binding on the BUYER and the SELLER until proper and full execution. If the SELLER does not accept it, within this deadline, this promise to purchase shall become null and void. A refusal by the SELLER shall render this promise to purchase null and void. A counter-proposal by the SELLER shall have the same effect as a refusal. 15. INTERPRETATION 15.1 Unless the context dictates otherwise, the masculine form includes the feminine and neutral forms and vice versa, and the singular includes the plural and vice versa This contract and the performance thereof are governed by the laws of Québec. 6/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP Page 6 of 7

57 16. SIGNATURES The parties have requested that this form and all related documents be drawn up in English only. Les parties aux présentes ont exigé que le présent formulaire et tous les documents qui s y rattachent soient rédigés en anglais seulement. BUYER The BUYER acknowledges having read, understood and agreed to this promise to purchase, including any annexes thereto, and having received a copy thereof. SELLER s REPLY The SELLER acknowledges having read and understood this promise to purchase, including any annexes thereto, and having received a copy thereof. The SELLER ACCEPTS OR REFUSES promise to purchase or submits counter-proposal CP -. this Signed in, Signed in, SIGNATURE OF BUYER 1 SIGNATURE OF SELLER 1 Signed in, Signed in, SIGNATURE OF BUYER 2 SIGNATURE OF SELLER 2 ACKNOWLEDGEMENT OF RECEIPT The BUYER acknowledges having received a copy of the SELLER s reply. INTERVENTION OF SELLER s SPOUSE The undersigned declares to be the spouse of the SELLER, to consent to and, where applicable, concur in the acceptance of this promise to purchase, including any annexes thereto, and to undertake to intervene in the notarial deed of sale for all legal purposes. Signed in, Signed in, SIGNATURE OF BUYER 1 SIGNATURE OF SELLER S SPOUSE Signed in, SIGNATURE OF BUYER 2 7/7 For information: Info OACIQ Tel.: or Fax: info@oaciq.com PP Page 7 of 7

58 MANDATORY FORM ANNEX F FINANCING NOTE This form is to be used, where applicable, to supplement the mandatory form of the promise to purchase concerning a residential immovable. F1. REFERENCE TO THE PRINCIPAL FORM F1.1 The conditions set out in this Annex form an integral part of promise to purchase PP - concerning the IMMOVABLE located at the following address:. F2. OPTIONAL CONDITIONS IN THIS SECTION, ONLY THE CONDITIONS IDENTIFIED BY A CHECK MARK FORM AN INTEGRAL PART OF THIS ANNEX. F2.1 PROOF OF AVAILABILITY OF FUNDS OR EQUITY IN CASE OF CASH PURCHASE The BUYER undertakes to provide to the SELLER within days following acceptance of the promise to purchase: any document demonstrating that he has the necessary funds to cover the purchase price; any document demonstrating that he has accepted, for an immovable of which he is the owner, a promise to purchase in which all conditions have been fulfilled, excluding the signing of the deed of sale before a notary, as well as a letter from the lending institutions indicating the balance of the loan secured by hypothec on this immovable. Should the BUYER fail to provide these documents within the time period specified above, the SELLER shall have the right to render the promise to purchase null and void by sending written notification to the BUYER to this effect within four (4) days following the expiry of this time period. The promise to purchase shall become null and void from the time of receipt of such notification by the BUYER. Should the SELLER fail to notify the BUYER within the time period and in the manner specified above, he shall be deemed to have waived the benefit of this condition. F2.2 PENALTY Despite the terms of clause $ held in trust by shall be remitted to the SELLER as liquidated damages. of the promise to purchase, in the event that the signing of the deed of sale does not take place on because the BUYER voluntarily blocks it or otherwise voluntarily prevents it from occurring, the amount of NAME OF BROKER OR AGENCY IN TRUST F2.3 ASSUMING OF EXISTING HYPOTHECARY OBLIGATIONS F2.3.1 TERMS AND CONDITIONS The BUYER undertakes to take in good faith, as soon as possible and at his expense, all steps necessary to obtain the hypothecary creditors consent, where such consent is required, for the BUYER to assume the hypothecary obligations relating to the following loans: a) a loan having a balance of approximately $, secured by a rank hypothec held by ; that loan, which bears interest at the rate of % per annum (calculated semi-annually and not in advance), is payable in instalments of (combining principal and interest), the balance becoming due on. b) a loan having a balance of approximately $, secured by a rank hypothec held by ; that loan, which bears interest at the rate of % per annum (calculated semi-annually and not in advance), is payable in instalments of (combining principal and interest), the balance becoming due on. F2.3.2 CONSENT The BUYER undertakes to supply to the SELLER, within days following acceptance of the promise to purchase, a copy of the hypothecary creditors consent. The receipt of such consents within that period shall have the effect of fully satisfying the conditions set out in F /2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AF Page 1 of 2

59 F2.3.3 ABSENCE OF CONSENT In the absence of proof of such consents, the SELLER may, within a period of five (5) days following the expiry of the period provided in F2.3.2 or following receipt of a notice of refusal: a) himself request, for and on behalf of the BUYER, the hypothecary creditors written consent for the BUYER to assume the SELLER S hypothecary obligations. Should the BUYER not succeed in obtaining such written consents within a period of five (5) days, the promise to purchase shall become null and void. However, the receipt of such consents within that period shall have the effect of fully satisfying the conditions of this section; or b) render the promise to purchase null and void by giving notice in writing to that effect. Where the SELLER does not avail himself of the provisions of paragraphs (a) or (b) above within the specified time period, the promise to purchase shall become null and void. F2.4 BALANCE OF THE SALE PRICE F2.4.1 TERMS AND CONDITIONS The BUYER shall pay to the SELLER the balance of the sale price of $ as referred to in clause 5.5 of the promise to purchase, which shall be secured by a rank hypothec subsequent to one or more hypothecs securing a loan having a capital of not more than $ ; this balance of the sale price shall bear interest at the rate of % per annum (calculated semi-annually and not in advance), calculated according to an amortization plan of years, the balance becoming due in a minimum of years. The BUYER shall, at any time, have the right to reimburse in advance, without penalty, all or part of the balance, as long as such reimbursement is by instalments of $ or any multiple thereof. F2.4.2 GUARANTEE AND PRIOR CLAIM The deed of sale shall contain a resolutory clause, the clauses usually guaranteeing payment of a balance of the sale price of an immovable, and a clause whereby the SELLER consents to giving up priority of rank should a new hypothec be created in accordance with clause 6.1 of the promise to purchase, or should a hypothec already ranking ahead of the balance of the sale price be renewed or replaced, provided that the balance of the loans secured by such hypothecs is not increased and the BUYER is not in default of fulfilling his obligations. The BUYER s first rank hypothec can only be an hypothec with a fixed amortization without a clause allowing him or her to re-borrow from capital. This hypothec can only secure one term debt, excluding future debts and credit lines. If the SELLER must consent to give up his priority of rank should the property be refinanced by the BUYER, the SELLER shall not be required to give up his rank for a capital amount greater than the outstanding balance on the current first rank hypotec. F2.4.3 TRANSFERABILITY This balance of the sale price shall not be transferred without the prior written consent of the SELLER. F3. ADDITIONAL TERMS AND CONDITIONS F3.1 F4. INITIALS (ALL COPIES MUST BEAR INITIALS) BUYER 1 BUYER 2 SELLER 1 SELLER 2 2/2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AF Page 2 of 2

60 MANDATORY FORM ANNEX R RESIDENTIAL IMMOVABLE NOTE This form is to be used, where applicable, to complete a mandatory promise to purchase form for a residential immovable. 1. REFERENCE TO PRINCIPAL FORM R1.1 The conditions set out in this Annex form an integral part of promise to purchase PP - concerning the IMMOVABLE located at the following address:. 2. OPTIONAL CONDITIONS IN THIS SECTION, ONLY THE CONDITIONS IDENTIFIED BY A CHECK MARK FORM AN INTEGRAL PART OF THIS ANNEX. R2.1 SALE OF THE BUYER s IMMOVABLE This promise to purchase is conditional upon the sale of the BUYER s immovable located at the following address: The BUYER agrees to notify the SELLER in writing, before at : : a) that this condition has been fulfilled; OR b) that he waives the benefit of this condition. The BUYER shall be able to waive the benefit of this condition only if he can demonstrate at the same time that he has the necessary funds to cover the purchase price. In the event that the promise to purchase is also conditional upon obtaining a hypothecary loan, the remittance, within the period indicated in this condition, of evidence of the hypothecary lender s undertaking to grant a loan meeting the requirements of the financing condition while being conditional upon the sale of the immovable described above shall satisfy the latter condition. However, if condition R2.1 is fulfilled, the BUYER shall provide proof of the hypothecary lender s unconditional undertaking. The receipt of such notification within the period indicated in condition R2.1, along with, where applicable, the undertaking by a hypothecary lender or proof of fund availability, shall fully satisfy this condition. Should the BUYER fail to avail himself of the provisions of sub-section (a) or (b) within the specified time period, the promise to purchase shall become null and void.. R2.2 PRIVILEGE OF CONTINUING TO OFFER THE IMMOVABLE FOR SALE, WITH A FIRST REFUSAL CLAUSE The SELLER may continue to offer the IMMOVABLE for sale regardless of the acceptance of this promise to purchase. Should a new promise to purchase be accepted, as soon as all the conditions of this new promise excluding signing the deed of sale in the presence of the notary and obtaining cancellation of the promise to purchase have been fulfilled, he shall notify the BUYER by any means providing evidence of the time of receipt, or by telegram at ADDRESS, TELEPHONE NUMBER The BUYER may, within 72 hours following receipt of such notification, or following time of sending if sent by telegram (the time recorded by the telecommunications company serving as proof), give the SELLER or the SELLER s agency or broker written notification of his decision to either: a) waive the benefit of condition R2.1, as well as any other condition of the promise to purchase that has not yet been fulfilled, excluding the signing of the deed of sale in the presence of a notary; OR b) render the promise to purchase null and void. The BUYER may waive the benefit of condition R2.1 only if he can demonstrate at the same time that he has the necessary funds to cover the purchase price. Should the BUYER fail to avail himself of the provisions of sub-section (a) or (b) within the specified time period, the promise to purchase shall become null and void. 1/2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AR Page 1 of 2

61 R2.3 ACCEPTANCE CONDITIONAL UPON CANCELLATION OF ANOTHER ACCEPTED PROMISE TO PURCHASE The SELLER undertakes, in good faith and at his own expense, to take reasonable steps to obtain cancellation of any other previously accepted promise to purchase on the IMMOVABLE, as soon as all the conditions of the promise to purchase have been fulfilled, excluding this condition and the signing of the deed of sale in the presence of a notary. The SELLER shall notify the BUYER in writing of such cancellation within days following acceptance hereof, failing which the promise to purchase shall become null and void. R2.4 PROMISE TO PURCHASE CONDITIONAL UPON CANCELLATION OF ANY OTHER PROMISE TO PURCHASE This promise to purchase is conditional upon the cancellation of any other promise to purchase, by at :. In this event, the SELLER shall notify the BUYER in writing within this time period. All time periods contained in the promise to purchase shall begin from the time of receipt of the SELLER written notification. If the SELLER fails to notify the BUYER within the time period and in the manner specified above, the promise to purchase shall become null and void. R2.5 REMUNERATION TO AGENCY OR BROKER BOUND BY A BROKERAGE CONTRACT TO PURCHASE INSTRUCTIONS TO THE NOTARY The BUYER and the SELLER irrevocably instruct the acting notary to pay directly to the agency or broker identified in clause 2.1 of the promise to purchase % of the sale price or a sum of dollars ($ ), plus taxes, due under the brokerage contract to purchase signed with the BUYER, minus, if applicable, the portion of remuneration due to the agency or broker in accordance with the remuneration sharing agreement concluded with the SELLER s agency or broker, from the available sums payable to the SELLER after payment of any prior or hypothecary claims and any disbursements or fees incurred by the notary to cancel these debts. The sums payable to the SELLER shall then be paid to him, minus any sums provided in this clause and the adjustments. 3. ADDITIONAL TERMS AND CONDITIONS R INITIALS (ALL COPIES MUST BE INITIALLED) BUYER 1 BUYER 2 SELLER 1 SELLER 2 2/2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AR Page 2 of 2

62 RECOMMENDED FORM ANNEX G GENERAL G1. REFERENCE TO THE PRINCIPAL FORM The provisions of this Annex are an integral part of the form entitled : Brokerage Contract BC - Promise to Purchase PP - Other(s): pertaining to the IMMOVABLE situated at: ADDRESS G2. ADDITIONAL TERMS AND CONDITIONS 1/2 For information: Info OACIQ Tel.: or Fax: info@oaciq.com A_V12 (04/2012) AG Page 1 of 2

63 G2. ADDITIONAL TERMS AND CONDITIONS (CONTINUED) G3. SIGNATURES The AGENCY or the BROKER or the BUYER acknowledges having read and understood this form and having received a copy hereof. The AGENCY or the BROKER or the SELLER acknowledges having read and understood this form and having received a copy hereof. Signed in, Signed in, SIGNATURE 1 SIGNATURE 1 Signed in, Signed in, SIGNATURE 2 SIGNATURE 2 INTERVENTION OF SELLER S SPOUSE The undersigned declares that he is the spouse of the SELLER, that he consents to and, where applicable, concurs in the acceptance of this form, and that he undertakes to intervene in the notarial act for all legal purposes. Signed in, 2/2 SIGNATURE OF SELLER s SPOUSE 1 For information: Info OACIQ Tel.: or Fax: info@oaciq.com A_V12 (04/2012) AG Page 2 of 2

64 MANDATORY FORM AMENDMENTS NOTE This form must be used to amend a mandatory brokerage contract form or promise to purchase form concerning a residential immovable. M1. REFERENCE TO PRINCIPAL FORM The parties agree to make the following amendments to the form entitled: Brokerage Contract BC - Promise to Purchase PP - Other: concerning the IMMOVABLE located at the following address (if applicable): M2. AMENDMENTS TO THE BROKERAGE CONTRACT M2.1 EXPIRY The expiry date indicated under clause of the brokerage contract is hereby amended and shall be 11:59 pm on. M2.2 SALE PRICE The sale price indicated under clause of the brokerage contract is hereby amended and shall be: dollars ($ ). M3. ACCEPTANCE PERIOD M3.1 The acceptance period indicated under clause of the promise to purchase is extended until : on. M4. ENHANCEMENT OF THE PROMISE TO PURCHASE (PRIOR TO ACCEPTANCE) M4.1 PURCHASE PRICE The purchase price is increased to dollars ($ ), which the BUYER undertakes to pay in its entirety upon the signing of the deed of sale. Where necessary, the conditions relating to the method of payment and the new hypothecary loan shall be adjusted accordingly. M4.2 OTHERS 1/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AM Page 1 of 3

65 M5. OTHER AMENDMENTS 2/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AM00030 Page 2 of 3

66 M6. OTHER CONDITIONS M6.1 All other conditions set out in the form referenced in M1 shall remain unchanged. M7. SIGNATURES The parties have requested that this form and all related documents be drawn up in English only. Les parties aux présentes ont exigé que le présent formulaire et tous les documents qui s y rattachent soient rédigés en anglais seulement The AGENCY OR the BROKER OR the BUYER acknowledges having read, understood and agreed to this form and having received a duplicate thereof. The AGENCY OR the BROKER OR the SELLER acknowledges having read, understood and agreed to this form and having received a duplicate thereof. Signed in, Signed in, SIGNATURE 1 SIGNATURE 1 Signed in, Signed in, SIGNATURE 2 SIGNATURE 2 INTERVENTION OF SELLER s SPOUSE The undersigned declares to be the spouse of the SELLER, to consent to and, where applicable, concur in the acceptance of this form, and to undertake to intervene in the notarial deed of sale for all legal purposes. Signed in, SIGNATURE OF SELLER s SPOUSE 3/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AM Page 3 of 3

67 MANDATORY FORM AMENDMENTS NOTE This form must be used to amend a mandatory brokerage contract form or promise to purchase form concerning a residential immovable. M1. REFERENCE TO PRINCIPAL FORM The parties agree to make the following amendments to the form entitled: Brokerage Contract BC - Promise to Purchase PP - Other: concerning the IMMOVABLE located at the following address (if applicable): M2. AMENDMENTS TO THE BROKERAGE CONTRACT M2.1 EXPIRY The expiry date indicated under clause of the brokerage contract is hereby amended and shall be 11:59 pm on. M2.2 SALE PRICE The sale price indicated under clause of the brokerage contract is hereby amended and shall be: dollars ($ ). M3. ACCEPTANCE PERIOD M3.1 The acceptance period indicated under clause of the promise to purchase is extended until : on. M4. ENHANCEMENT OF THE PROMISE TO PURCHASE (PRIOR TO ACCEPTANCE) M4.1 PURCHASE PRICE The purchase price is increased to dollars ($ ), which the BUYER undertakes to pay in its entirety upon the signing of the deed of sale. Where necessary, the conditions relating to the method of payment and the new hypothecary loan shall be adjusted accordingly. M4.2 OTHERS 1/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AM Page 1 of 3

68 M5. OTHER AMENDMENTS 2/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AM Page 2 of 3

69 M6. OTHER CONDITIONS M6.1 All other conditions set out in the form referenced in M1 shall remain unchanged. M7. SIGNATURES The parties have requested that this form and all related documents be drawn up in English only. Les parties aux présentes ont exigé que le présent formulaire et tous les documents qui s y rattachent soient rédigés en anglais seulement The AGENCY OR the BROKER OR the BUYER acknowledges having read, understood and agreed to this form and having received a duplicate thereof. The AGENCY OR the BROKER OR the SELLER acknowledges having read, understood and agreed to this form and having received a duplicate thereof. Signed in, Signed in, SIGNATURE 1 SIGNATURE 1 Signed in, Signed in, SIGNATURE 2 SIGNATURE 2 INTERVENTION OF SELLER s SPOUSE The undersigned declares to be the spouse of the SELLER, to consent to and, where applicable, concur in the acceptance of this form, and to undertake to intervene in the notarial deed of sale for all legal purposes. Signed in, SIGNATURE OF SELLER s SPOUSE 3/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com AM Page 3 of 3

70 MANDATORY FORM COUNTER-PROPOSAL TO A PROMISE TO PURCHASE NOTE This form is to be used to reply to a promise to purchase concerning a residential immovable or to a counter-proposal to such a promise to purchase. P1. IDENTIFICATION OF THE PARTIES COUNTER-PROPOSER 1 RESPONDENT 1 COUNTER-PROPOSER 2 RESPONDENT 2 SELLER BUYER SELLER BUYER (hereinafter called the COUNTER-PROPOSER ). (hereinafter called the RESPONDENT ). P2. AMENDMENTS P2.1 The COUNTER-PROPOSER hereby promises to sell OR to purchase the immovable or the premises located at the following address: (hereinafter called the IMMOVABLE ), according the conditions set out in the form entitled: Promise to Purchase PP - (hereinafter called the PROMISE ), with the following amendments. P2.2 PREVIOUS COUNTER-PROPOSALS Any previous counter-proposal made by either party shall be null and void. P2.3 AMENDMENTS P2.3.1 PRICE The purchase price indicated in clause is amended and shall be dollars ($ ) which the BUYER undertakes to pay in its entirety upon the signing of the deed of sale. Where necessary, the conditions relating to the method of payment and the new hypothecary loan shall be adjusted accordingly. P2.3.2 DEED OF SALE The deed of sale shall be signed on or before. P OCCUPANCY The premises shall be available for occupancy as of at :. P2.3.4 OTHER AMENDMENTS 1/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com CP Page 1 of 3

71 P OTHER AMENDMENTS (CONT D) 2/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com CP Page 2 of 3

72 P2.4 COUNTER-PROPOSAL TO A SECOND PROMISE TO PURCHASE This counter-proposal is conditional upon the cancellation of a first promise to purchase previously accepted by the SELLER. Should this first promise to purchase be cancelled, the SELLER shall notify the BUYER in writing by at :. All time periods contained in the PROMISE shall begin from the time of receipt of the SELLER s written notification. Should the SELLER fail to notify the BUYER within the time period and in the manner specified above, this counter-proposal shall become null and void. (The above condition forms an integral part of this counter-proposal only if checked.) P2.5 The conditions contained in Annex form an integral part of this counter-proposal. P2.6 OTHER CONDITIONS All other conditions of the PROMISE shall remain unchanged. P2.7 CONDITIONS OF ACCEPTANCE The COUNTER-PROPOSER and the RESPONDENT declare that their consent is not the result of any representation or condition that is not contained in this counter-proposal. The COUNTER-PROPOSER is irrevocably bound until :, on. If the RESPONDENT accepts this counter-proposal within this period, it shall constitute a contract that is legally binding on the COUNTER-PROPOSER and the RESPONDENT until proper and full execution. If the RESPONDENT does not accept it within this period, this counter-proposal shall become null and void. A refusal by the RESPONDENT shall render this counter-proposal null and void. A counter-proposal by the RESPONDENT shall have the same effect as a refusal. P3. SIGNATURES The parties have requested that this form and all related documents be drawn up in English only. Les parties aux présentes ont exigé que le présent formulaire et tous les documents qui s y rattachent soient rédigés en anglais seulement. COUNTER-PROPOSER The COUNTER-PROPOSER acknowledges having read, understood and agreed to this counter-proposal and having received a duplicate thereof. RESPONDENT s REPLY The RESPONDENT acknowledges having read and understood this counter-proposal and having received a duplicate thereof. Signed in, The RESPONDENT hereby this counter-proposal. ( ACCEPTS OR REFUSES ) SIGNATURE OF COUNTER-PROPOSER 1 Signed in, submits counter-proposal CP-. Signed in, SIGNATURE OF RESPONDENT 1 SIGNATURE OF COUNTER-PROPOSER 2 ACKNOWLEDGEMENT OF RECEIPT The COUNTER-PROPOSER acknowledges having received a copy of the RESPONDENT s reply. Signed in, SIGNATURE OF RESPONDENT 2 Signed in, SIGNATURE OF COUNTER-PROPOSER 1 INTERVENTION OF SELLER s SPOUSE The undersigned declares to be the spouse of the SELLER, to consent to and, where applicable, concur in the acceptance of this counter-proposal, and to undertake to intervene in the notarial deed of sale for all legal purposes. Signed in, Signed in, SIGNATURE OF COUNTER-PROPOSER 2 SIGNATURE OF SELLER S SPOUSE 3/3 For information: Info OACIQ Tel.: or Fax: info@oaciq.com CP Page 3 of 3

73 Organisme d autoréglementation du courtage immobilier du Québec 4905 Lapinière Blvd., suite 2200, Brossard (Québec) J4Z 0G2 Telephone: or Fax: Info OACIQ: or info@oaciq.com REGISTER OF DISCLOSURE NOTICES (In accordance with section 6 of the Regulation respecting records, books and registers, trust accounting and inspection of brokers and agencies) IDENTITY OF THE REAL ESTATE OR MORTGAGE AGENCY OR REAL ESTATE OR MORTGAGE BROKER (acting on his own account): Licence No. Consecutive number attributed by the licence holder to the disclosure notice Licence holder producing the notice Licence No. Name Nature of interest of licence holder Direct Indirect Transaction No. Object of the transaction Address of property or enterprise Sale Nature of transaction Purchase Exchange Loan secured by immovable hypothec Sale price accepted or Loan amount granted (if agency or broker is the lender) Name of buyer(s) or Name of borrower(s) Name of seller(s) or Name of lender(s) Date and time of drafting Transaction proposal Date and time of acceptance Received by prospective contracting party (parties) Date: Date: Date: Time: Time: Time: Date: Date: Date: Time: Time: Time: Date: Date: Date: Time: Time: Time: Date: Date: Date: Time: Time: Time: Date: Date: Date: Time: Time: Time: Date: Date: Date: Time: Time: Time: Note: You must send a copy of your register to the OACIQ before March 31 of each year. Page 1 of 1

74 Organisme d autoréglementation du courtage immobilier du Québec 4905 Lapinière Blvd., suite 2200, Brossard (Québec) J4Z 0G2 Telephone: or Fax: Info OACIQ: or info@oaciq.com REGISTER OF BROKERAGE CONTRACTS In accordance with section 3 of the Regulation respecting records, books and registers, trust accounting and inspection of brokers and agencies Consecutive number attributed by the licence holder to the brokerage contract Date of signing of brokerage contract or date of transfer Brokerage contract Purchase Sale Lease Exchange Loan secured by immovable hypothec Name of broker acting for the agency Address of immovable or enterprise (street, city, postal code or cadastral description) Person awarding the brokerage contract for a mortgage loan (street, city, postal code and telephone No.) Sum received in trust as an advance on remuneration or costs Page 1 of 1

75 Organisme d autoréglementation du courtage immobilier du Québec 4905 Lapinière Blvd., suite 2200, Brossard (Québec) J4Z 0G2 Telephone: or Fax: Info OACIQ: or info@oaciq.com REGISTER OF BROKERS In accordance with section 9 of the Regulation respecting records, books and registers, trust accounting and inspection of brokers and agencies REQUIRED BY REGULATION OPTIONAL FOR USE BY AGENCY Name Licence No. Broker exercing his or her activities within a business corporation Starting date with agency Telephone (home) Telephone (cell.) (personal) Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Page 1 of 1

76 Answer sheet Invoice to be sent ELEMENT ANSWERED Enter the letter of element answered here Instructions: You must indicate the letter corresponding to the element of the scenario that you are answering in the box above. Make out the invoice to the party concerned, as you would in your practice. Yourself Residential real estate broker Bill to: Date: Invoice No: Not presented Reference : Sale of property located at : This is to confirm the amount of remuneration owing i.e. : Yourself Residential real estate broker Your address Your telephone number Page 1 of 1

Unusable for a transaction

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