The Power of Attorney for Sale Deed is an essential legal instrument in Canadian property transactions where the property owner cannot personally handle the sale process. This document becomes necessary in various situations, such as when property owners are overseas, physically incapacitated, or otherwise unable to personally attend to property transactions. It must comply with both federal and provincial requirements, particularly those outlined in the Powers of Attorney Act and Land Title Act. The document specifies the Attorney's powers regarding property sale, including price negotiation, document execution, fund handling, and completion of necessary registration requirements. It typically requires proper witnessing and notarization, and must be recognized by land registry offices across the relevant Canadian jurisdiction.
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1. Parties: Identification of the Principal (donor) and the Attorney (donee), including full legal names, addresses, and contact information
2. Background: Context for granting the power of attorney, including the Principal's ownership of the property and reason for appointing an Attorney
3. Definitions: Clear definitions of key terms used throughout the document
4. Appointment: Formal appointment of the Attorney and declaration of the Principal's free will in making this appointment
5. Powers Granted: Detailed description of the specific powers being granted regarding the sale of the property
6. Property Description: Detailed legal description of the property subject to the power of attorney
7. Duration: Specification of when the power of attorney becomes effective and when it terminates
8. Execution Requirements: Requirements for executing documents and conducting transactions
9. Governing Law: Specification that the document is governed by Canadian law and relevant provincial legislation
10. Attestation: Space for signatures, witness details, and notarization
1. Alternate Attorney: Appointment of an alternate attorney in case the primary attorney becomes unavailable or unable to act
2. Compensation: Details of any compensation to be paid to the Attorney for their services
3. Reporting Requirements: Requirements for the Attorney to report on actions taken under the power of attorney
4. Revocation Clause: Specific terms under which the power of attorney can be revoked
5. Joint Attorneys: Required when appointing multiple attorneys, specifying whether they act jointly or severally
6. Property Sale Conditions: Any specific conditions or restrictions on the sale of the property
7. Digital Authorization: Authorization for electronic signatures and digital transactions where permitted by law
1. Schedule A - Property Details: Comprehensive legal description of the property, including lot numbers, plan numbers, and municipal address
2. Schedule B - Proof of Ownership: Copy of current property title or other proof of ownership documentation
3. Schedule C - Identity Verification: Copies of government-issued ID for both Principal and Attorney
4. Schedule D - Certificate of Independent Legal Advice: Confirmation that the Principal received independent legal advice before signing
5. Appendix 1 - Witness Affidavit: Affidavit from witnesses confirming the proper execution of the document
6. Appendix 2 - Notarial Certificate: Notary's certificate of authentication where required
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