Can an agreement for the sale and purchase of land be styled as a real estate form?
Alberta, Canada
The following excerpt is from Shelson Investments Ltd. v. Durkovich, 1984 CanLII 1232 (AB QB):
Kolacz v. Munzel, supra, involved an agreement for the sale and purchase of land made on a standard real estate form. It was conceded by the plaintiff to be an “agreement for sale” within the meaning of the statutory provisions which are now contained in Pt. 5 of the Law of Property Act. It illustrates that such an agreement may fall within Pt. 5 notwithstanding that it is not styled an agreement for sale and is evidenced only by the form of offer to purchase and interim agreement commonly used by real estate agents.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of proximity between investors in a real estate transaction where the real estate agent is selling real property in real estate? (Alberta, Canada)
Can a vendor cancel an agreement where a purchaser defaults and all moneys paid under the agreement are forfeited to the vendor? (Alberta, Canada)
Can an agreement by the parties of Fort McMurray (City) and the Agreement of Agreement give the parties the authority to set up an enforcement board? (Alberta, Canada)
Is a real estate agent an agent for the purchaser? (Alberta, Canada)
What is the standard of care of a real estate agent in showing a property to prospective purchasers? (Alberta, Canada)
What is the test for establishing if a written agreement is binding on a land agreement? (Alberta, Canada)
Can evidence that is not in the form of a written agreement be considered to prove otherwise? (Alberta, Canada)
Can a written agreement be enforced if the written agreement is not executed? (Alberta, Canada)
How have courts interpreted the principle that no transfer or ownership passes or passes the estate unless the estate has already been registered? (Alberta, Canada)
Is a plaintiff's estate entitled to receive payments from the operators of surface lease agreements? (Alberta, Canada)
