I would like to know about APS? What is the actual term it is?

Locally: That term ("APS") is sometime used in reference to the "Agreement of Purchase and Sale" which is the contract between the buyers and sellers and executed by them in the purchase and sale of a property.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information

Hmm, Thanks for reply. May I know one thing is this agreement signed under real agent's moderation or we can make it individual.

Modification of the Standard Form APS: If the agent is acting on behalf of the seller, then they should not make any modification to the preprinted clauses of the “Standard Form” of Agreement of Purchase and Sale which is known in knowledgeable circles as being a “adhesion contract” and weighted in favour of the seller.

If the agent is contractually obligated to act in the best interest of the buyer, then the agent has the duty to modify the current standard form of Agreement of Purchase and Sale to reflect the best interest of their buyer, failing which they could be found in breach of their fiduciary duty to their client.

Note: that the Agreement of Purchase and Sale is deemed to be the offer of the buyer and the “Doctrine of Contra Proferentem” applies in this instance against the buyer.

Adhesion Contract: Is a contract that heavily restricts one party while leaving the other free (as some standard form printed contracts); implies inequality in bargaining power see “Unconscionable Contract”

Contra Proferentem: Contra proferentem is a rule of contractual interpretation which provides that an ambiguous term will be construed against the party (Buyer) that imposed its inclusion in the contract - or, more accurately, against (the interests of) the party who imposed it. Therefore, the interpretation will favour the party that did not insist on its inclusion. The rule only applies if, and to the extent that, the clause was included at the unilateral insistence of one party without having been subject to negotiation by the counter-party.


Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .