Members have been notified by AREA that several commonly used forms have been updated following review and recommendations from the AREA Forms and Practice Committee. 

Staying up to date on these changes helps ensure your standardized forms packages and client conversations remain current when adjustments are made to the AREA contracts.

Below we highlight how these changes may affect your practice. A video that outlines the changes to the forms can be viewed here. 

Residential, Country Residential and Resale Condo Transactional Contracts 

The following clause has been added to the Closing Process section:

10.3 The seller and buyer will instruct their lawyers to follow the Western Law Societies Conveyancing Protocol in the closing of this transaction, if appropriate, or the buyer may choose to use alternative means to allow for the release of funds prior to confirmation of registration of documents at the Land Titles Office, provided that the buyer bears all costs associated with such alternative means.

What this means to you: This clause addresses delays at the Alberta Land Titles Office by allowing real estate lawyers to transfer sale proceeds without waiting for registration confirmation. While this practice is already common, it is now addressed in the purchase contract.  

This change applies to the Residential Purchase Contract, Country Residential Purchase Contract and Residential Resale Condominium Property Purchase Contract.

Commercial and Agricultural Transactional Contracts

The word “applicable” has been added to the purchase price clause:

The purchase price is $ ___________ plus applicable GST.

Note: This is the amount that should be entered in the MLS^® System when reporting the sale.

What this means to you: This acknowledges that some properties may include sections that are subject to GST and others that are not, such as commercial land that includes a residential home. It allows members to advise buyers to consult an accountant regarding which portions of a mixed-use property may be taxable. 

This change applies to the Commercial Purchase Contract and Agricultural Purchase Contract.

Mere posting representation contract

Changes have been made to align non-represented listing contracts with represented listing contracts:

• Clause 7: MLS^® System and Our Other Services clause added

• Clause 8: Use and Distribution of Seller’s Information wording aligned with other representation contracts 

• Clause 9: Audio and Video Recordings and Photography clause added

• Clause 10: Your Warranties and Representations clause added

• Clause 11: Indemnification wording aligned with other representation contracts

• Clause 12: Ending the Contract wording aligned with other representation contracts

What this means for your business: Mere posting contracts now align with other representation contracts, helping protect your clients’ interests and your brokerage.

This change affects the Contract for Posting Without Representation.

Remember to update your saved and printed copies of all affected contracts. Take a moment to review the changes before you have your next listing appointment.

Join us for upcoming courses

It’s always good practice to brush up on contracts, and Jeff Kahane of Kahane Law is coming to CREB^® on the following dates:

• Jan. 15, 2026 — Country residential contracts line by line 
• Feb. 25, 2026 — Residential EBRA line by line
• March 18, 2026 — Residential Contracts line by line

Register now to learn more about drafting effective residential purchase contracts that protect you and your clients.