The Ontario Real Estate Association ("OREA") is the producer and owner of a set of standardized forms used in Ontario real estate transactions and a set of standard clauses, including Guidelines for Residential and Commercial Clauses, for use with these forms and set of Forms Explained Form files (collectively, the "OREA Standard Forms"). OREA produces updated OREA Standard Forms annually for use by its REALTOR® members (“Members”) and Member Boards and by certain additional licensees.
These OREA Standard Forms are for use by OREA members and certain licensees only. Any other use or reproduction is prohibited except with the prior written consent of OREA. Please note that every real estate transaction is unique and that OREA does not warrant and is not responsible in any way for the adequacy, sufficiency, applicability or suitability of any of the OREA Standard Forms. OREA members are urged to seek independent legal advice on specific issues affecting them. OREA bears no liability for the use of these OREA Standard Forms.
Members
Individual Members may use the OREA Standard Forms, in paper or electronic format, as part of:
· a real estate transaction in Ontario; or
· his or her personal study and professional development
Member Boards
OREA Member Boards may reproduce the OREA Standard Forms in paper or electronic format and distribute them to their individual Members for use as permitted above. Distribution in electronic format means making the OREA Standard Forms available to Members in computer file format such as by download from a password-protected Member Board website.
Member Boards may affix their name and/or logo to the top right-hand corner of the OREA Standard Forms, provided doing so does not remove, replace, alter or move any of the content already in the document.
Members and Member Boards
OREA Members and Member Boards may not use and reproduce the OREA Standard Forms as part of professional education services they provide directly to OREA Members.
Where Members and Member Boards determine there is need for a new professional educational service on the OREA Standard Forms, Members and Member Boards may submit their ideas for OREA’s consideration and development to the attention of the OREA Member Engagement and Centre for Leadership Development department at standardforms@orea.com.
The following applies to each use, reproduction and distribution of the OREA Standard Forms by OREA Members or Member Boards:
· except as provided above, the OREA Standard Forms may not be modified or amended in any manner;
· OREA's disclaimer and copyright notice must not be removed from any OREA Standard Form;
· access to OREA Standard Forms must be restricted to OREA Members only;
· any written reference to a particular OREA Standard Form must use the entire form name and number (i.e. “OREA Form 100 Agreement of Purchase and Sale”)
· When providing OREA Standard Forms to Members, the entire form must be provided;
· Access to, or use of, the OREA Standard Forms may not be assigned, transferred or sublicensed to anyone except as permitted herein; and
· All use and distribution of OREA Standard Forms must cease promptly if OREA requests you do so in writing.
General
Any use of the OREA Standard Forms that is not permitted herein is prohibited except with the written consent of OREA.
OREA requires written consent through the execution of a separate licence agreement should Member Boards or Members wish to make the OREA Standard Forms available in any software/technology platform that applies functionality to them beyond Members downloading them in electronic file format or printing them.
OREA makes no representation or warranties of any kind, express or implied, with respect to the accuracy, reliability, merchantability or non-infringement of the OREA Standard Forms and/or their suitability with respect to any particular transaction or use. Use of these documents and their content is entirely at the users' risk.