Additional clauses of Canadian house sales contract

Many families of Canadian students plan to settle in Canada, especially those with accompanying families, and most of them will buy houses in Canada. So, what problems should we pay attention to when buying a house? Let's talk about the additional terms of the Canadian housing sales contract.

The law allows most contracts to be concluded orally, but requires that some contracts must be written, and some contracts need at least some written words (including emails) signed by the defendant to support them, such as real estate sales in Singapore. A written contract must include the transfer of shares and intellectual property rights (trademarks, patents and copyrights) and an installment agreement. A contract that does not need to be written in full, but some words signed by the defendant are sufficient as evidence, including:

1. A contract to guarantee the debts of others;

2. Sale, transfer or disposal of movable property;

3. Contracts that have not been completed or performed within one year after signing;

4. Matters promised for arranging marriage, etc.

For example, four years ago, A wanted to sell a property to B through an agent. The bargaining between the two parties was oral, but there were also emails sent through the agent. The seller later agreed to sell, accepted the buyer's 1% deposit, and gave B a purchased option, but A didn't sign the option. Nine days later, A regretted not wanting to sell, and as a result, both parties appealed to the court. A claimed that he didn't sign the option and the contract was not established. What the court wants to decide is whether the contract has come into effect. Finally, the court held that although A did not sign the purchase option, there were mainly enough emails exchanged through the agent as written evidence, which was in compliance with the law and the contract was valid.

If it is a company or individual contract, which is slightly more complicated and involves a larger amount, it is better to have a written contract with clear terms to avoid disputes and excuses for the other party's breach of contract or breach of contract. Because the legal "oral evidence rules" do not allow to explain or supplement the written terms that one party said before or after the conclusion of the contract or the written words at the time of drafting have been clearly written.

"Oral evidence rule" means that if the terms agreed by both parties have been written into the contract, neither party can provide any oral evidence or draft contract to overturn or change the written terms unless one party accuses the other party of fraud or contract signing error, that is, there are factors other than the contract that make the contract invalid. For example, the terms of the lease stipulate that the rent should be paid in advance every quarter. When the tenant was sued for overdue delivery, he said that the landlord had said before signing the contract that it would not matter to deliver the house later, but the court did not accept it because the written terms were clear enough.

There are also some exceptions to the above oral evidence rules. For example, A tells B that he owes money, but B has a receipt issued by A, and B can verbally explain when he will pay back the money. For another example, the terms of the contract stipulate that A should pack the goods in general trade customs, but it is not specified, so oral evidence is needed to explain what is "general trade packing customs".

Therefore, the advice of general lawyers is: more complicated contracts should be completed in written form as far as possible.