Yes! You can use AI to fill out Form 100, Agreement of Purchase and Sale

This mistake occurs when buyers or sellers use nicknames, common names, or omit middle names instead of their full legal names as they appear on government identification and property title documents. This can create significant issues during the title transfer process and with mortgage financing applications, as names must match perfectly across all legal documents. To avoid this, always verify and enter the full legal names of all parties involved; AI-powered tools like Instafill.ai can help by storing and accurately populating this information consistently across all required fields.

Parties often correctly fill in the civic address but struggle with the lengthy and complex legal description, leading to transcription errors or omissions. The legal description, not the street address, is what legally defines the property being transferred. An error here can lead to a void contract, disputes over property boundaries, or even the transfer of the wrong parcel of land, causing catastrophic closing delays. This information should be copied verbatim from the current owner's deed or a recent survey, a task that can be automated and validated to prevent errors.

The deposit section requires multiple precise details: the amount, the timing (e.g., 'Upon Acceptance'), and the payee (the 'Deposit Holder'). People often leave these fields vague or enter incorrect information, such as the wrong brokerage name. This can invalidate the offer, cause the buyer to lose the property to a competing offer, or result in the deposit being sent to the wrong entity. To prevent this, clearly define the deposit amount, the 24-hour delivery window for 'Upon Acceptance', and the exact legal name of the listing brokerage's trust.

This is one of the most common sources of post-closing disputes. Parties use generic terms like 'appliances' or 'window coverings' instead of being specific, leading to disagreements over what was included. A seller might replace a high-end stove with a basic model, or a buyer might be surprised to find the custom drapes are gone. To avoid this, list every included chattel and excluded fixture with as much detail as possible (e.g., 'Samsung stainless steel refrigerator Model #...').

Sellers often forget they are renting equipment like hot water tanks, furnaces, or water softeners, as the payments are often bundled with utility bills. Failure to disclose these items in Section 6 means the seller is in breach of the agreement, as they cannot provide clear title to the item. This can force the seller to buy out the contract at a high cost or lead to the buyer unexpectedly inheriting a multi-year rental contract and monthly payments. Sellers must review their bills to identify and list all such items.

An offer is irrevocable for a specific period, and errors in setting this time are common. Parties may set a deadline that is too short for a proper response, causing the offer to expire, or forget to specify 'a.m.' or 'p.m.', creating ambiguity. This can lead to missed opportunities or disputes over when the offer officially expired. Always set a clear, specific date and time that is reasonable for all parties to review, sign, and return the document.

This agreement requires buyers and sellers to initial each page, signifying they have reviewed and accepted its terms. It is easy to miss an initial box when flipping through a multi-page document. A missing initial can create a legal vulnerability, as the other party could later claim that the terms on the uninitialed page were not agreed to, potentially jeopardizing the entire contract. A thorough final review is crucial, and digital form-filling platforms can often highlight all required initial and signature fields to ensure none are missed.

Under Ontario's Family Law Act, if the property is a matrimonial home, the non-titled spouse must consent to the sale, even if they are not on the title. Sellers often misunderstand this requirement or forget to have their spouse sign, especially if they are separated. Failure to obtain this consent makes the Agreement of Purchase and Sale unenforceable and can cause the entire transaction to collapse at the last minute, leading to significant legal and financial consequences.

The agreement often relies on attached schedules (like Schedule A for payment details) to include additional terms, conditions, or financing information. Common mistakes include forgetting to attach the schedule, failing to reference it in the main agreement, or not having all parties initial the schedule itself. This can render the conditions within the schedule void and unenforceable, meaning critical components of the deal, like a financing condition, may not be legally part of the contract.

Section 7 requires the parties to specify if HST is 'included in' or 'in addition to' the purchase price. This is often misunderstood, particularly for new homes, substantially renovated properties, or properties with some commercial use. An incorrect selection can result in a surprise tax bill amounting to tens of thousands of dollars for either the buyer or the seller. It is critical to get legal or accounting advice on the property's HST status before completing this section.