The Deed of Absolute Sale Real Property is a crucial legal instrument in Canadian real estate transactions, used when permanently transferring ownership rights of real property from one party to another. This document is essential for both residential and commercial property transfers across Canadian provinces and territories, requiring careful attention to federal and provincial legal requirements. It must include specific elements such as proper party identification, accurate property description, consideration details, and appropriate execution formalities. The deed serves as permanent evidence of the transfer and must be properly registered with the relevant land registry office. It's particularly important to note that this document type must comply with provincial property laws, federal tax regulations, and where applicable, specific requirements such as the Foreign Buyer Ban Act. The document is designed to protect both parties' interests while ensuring clear title transfer and legal compliance.
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1. Parties: Identification of the Vendor(s) and Purchaser(s) with complete legal names and addresses
2. Background: Context of the sale and confirmation of Vendor's right to sell the property
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Legal description of the property including lot number, plan, street address, and boundaries
5. Consideration: Purchase price and payment terms
6. Transfer of Title: Legal language transferring ownership from Vendor to Purchaser
7. Vendor's Representations and Warranties: Statements regarding property ownership, absence of encumbrances, and authority to sell
8. Property Condition: Statement of the condition in which the property is being sold
9. Closing and Possession: Date of closing and terms of possession transfer
10. Adjustments: Details of pro-rated items such as property taxes, utilities, and other charges
11. Registration: Provisions regarding the registration of the deed and transfer of title
12. Execution: Formal execution block with signatures, witnesses, and notarization requirements
1. Spouse's Consent: Required when the property is or was a matrimonial home under applicable family law
2. Mortgage Assumption: Included when the Purchaser is assuming an existing mortgage
3. Property Management Transition: Required when the property includes rental units or ongoing management obligations
4. Environmental Warranties: Additional warranties regarding environmental condition, particularly for commercial properties
5. First Nations Considerations: Required for properties on or affecting First Nations lands
6. Corporate Authorization: Required when either party is a corporation, confirming authority to execute
7. HST/GST Certificate: Required for properties subject to HST/GST considerations
8. Foreign Buyer Compliance: Required certification of compliance with Foreign Buyer Ban Act if applicable
1. Schedule A - Legal Description: Detailed legal description of the property from survey or title documents
2. Schedule B - Permitted Encumbrances: List of permitted liens, encumbrances, or easements that will continue after sale
3. Schedule C - Included Chattels: Itemized list of personal property included in the sale
4. Schedule D - Excluded Fixtures: List of items normally considered fixtures that are excluded from the sale
5. Schedule E - Property Condition Report: Detailed report on the current condition of the property
6. Schedule F - Outstanding Work Orders: List of any municipal or regulatory work orders affecting the property
7. Schedule G - Corporate Resolution: Copy of corporate resolution authorizing the transaction if applicable
8. Schedule H - Property Survey: Current survey of the property showing boundaries and improvements
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