Vendors and Purchasers Act

Short title

1 This Act may be cited as the Vendors and Purchasers Act. R.S., c. 487, s. 1.

Rules of evidence respecting land contract

2 In the completion of a contract of sale of land, the rights and obligations of the vendor and the purchaser shall, subject to any stipulation to the contrary in the contract, be regulated by the following rules:

(a) recitals, statements and descriptions of facts, matters and parties contained in statutes, deeds, instruments, conveyances or statutory declarations, any of which are more than twenty years old at the date of the contract, unless and except in so far as they are proved to be inaccurate, shall be sufficient evidence of the truth of such facts, matters and descriptions;

(b) a registered release of a discharged mortgage shall be sufficient evidence of the mortgage without the production of the mortgage, unless and except in so far as the release is proved to be inaccurate, and the vendor shall not be bound to produce the mortgage unless it is in his possession or power. R.S., c. 487, s. 2.

Sufficient evidence in an action

3 In an application under this Act or in an action, it shall not be necessary to produce any evidence which by Section 2 is dispensed with as between vendor and purchaser, and the evidence therein declared to be sufficient as between vendor and purchaser shall prima facie be sufficient for the purposes of the action or application. R.S., c. 487, s. 3.

Application for determination of question

4 A vendor or purchaser of any interest in land or his representative may, at any time and from time to time, apply in a summary way to a judge or local judge of the Trial Division of the Supreme Court in respect of any requisition or objection or any claim for compensation, or any other question arising out of or connected with the contract and the judge or local judge may make such order upon the application as appears just, and refer any question to a referee or other officer for inquiry and report. R.S., c. 487, s. 4.

Form of application

5 An application under this Act may be made by originating notice. R.S., c. 487, s. 5.

Deemed terms of land contract

6 Every contract for the sale and purchase of land shall, unless otherwise stipulated, be deemed to provide that

(a) the vendor shall deliver to the purchaser a copy of the metes and bounds description of the land contracted to be sold or contained on the last deed by which it was conveyed but otherwise shall not be bound to produce any abstract of title, deed, copies of deeds or other evidence of title except such as are in his possession or control;

(b) the purchaser may search the title at his own expense and shall make his objections thereto in writing within thirty days from the date that the vendor delivered to him a copy of the metes and bounds description as provided for in clause (a);

(c) the vendor shall have thirty days in which to remove any objection made to the title, but if the vendor is unable or unwilling to remove any objection which the purchaser is not willing to waive, the vendor may cancel the contract and return any deposit made but shall not be otherwise liable to the purchaser;

(d) taxes, insurance premiums, rents and interest and other charges shall be adjusted as at the date of closing;

(e) the deed shall be prepared by the vendor at his expense and the purchaser shall bear the expense of registration of the deed and of the preparation and registration of mortgages, if any; and

(f) the purchaser shall be entitled to possession or the receipt of rents and profits upon the closing of the transaction. R.S., c. 487, s. 6.