The Deed of Sale (Notary) is a crucial legal instrument in Canadian property law, particularly essential in Quebec where notarial deeds are a fundamental requirement for real estate transactions. This document is used when transferring ownership of real property, whether residential or commercial, and must be executed before a qualified notary public. The deed includes comprehensive details about the property, parties involved, purchase price, payment terms, and any conditions or warranties. It serves multiple purposes: officially transferring title, documenting the terms of sale, and creating a permanent public record of the transaction. The document must comply with provincial legislation and local registry requirements, making it a vital tool in ensuring secure and legally valid property transfers.
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1. Parties: Identification of the Vendor and Purchaser with full legal names, addresses, and capacity to contract
2. Background: Context of the sale including property ownership history and intention to transfer
3. Definitions: Defined terms used throughout the deed including Property, Closing Date, Purchase Price, etc.
4. Property Description: Detailed legal description of the property including lot number, cadastral designation, and municipal address
5. Purchase Price: Statement of the agreed purchase price, payment terms, and method of payment
6. Title and Ownership: Confirmation of clear title and transfer of ownership rights
7. Vendor's Representations and Warranties: Declarations regarding property condition, title, encumbrances, and compliance with laws
8. Purchaser's Acknowledgments: Confirmation of property inspection and acceptance of condition
9. Closing Conditions: Requirements to be met before closing including title search and registration
10. Adjustments and Additional Costs: Pro-ration of taxes, utilities, and other expenses
11. Risk Transfer: Specification of when risk passes from vendor to purchaser
12. Notarial Execution: Formal execution requirements and notary's attestation
1. Mortgage Arrangements: Include when purchaser is obtaining mortgage financing, detailing lender requirements
2. Tenant Rights: Required when property is subject to existing tenancies
3. Environmental Warranties: Include for properties with potential environmental concerns
4. GST/HST Declaration: Required for new construction or commercial properties
5. Spousal Consent: Include when property is or was a matrimonial home
6. Property Management Transition: Include for multi-unit or commercial properties with ongoing management
7. Foreign Buyer Provisions: Required when purchaser is a non-resident of Canada
1. Schedule A - Property Details: Comprehensive legal description and included fixtures/chattels
2. Schedule B - Purchase Price Breakdown: Detailed breakdown of purchase price, deposits, and payment schedule
3. Schedule C - Permitted Encumbrances: List of accepted easements, rights-of-way, and other encumbrances
4. Schedule D - Outstanding Work Orders: List of any municipal work orders or deficiency notices
5. Schedule E - Included Chattels: Detailed list of movable items included in the sale
6. Appendix 1 - Property Survey: Current survey or location certificate of the property
7. Appendix 2 - Title Documentation: Copies of title searches and registration documents
8. Appendix 3 - Environmental Certificates: Any environmental assessments or certificates if applicable
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