The Affidavit to Sell Property is a crucial legal instrument in Canadian real estate transactions, particularly when there are specific circumstances surrounding the sale that require formal declaration. This document is commonly used in situations involving estate sales, powers of attorney, corporate property transfers, or when additional verification of selling authority is required. The affidavit must be sworn before a Commissioner of Oaths or Notary Public and includes detailed information about the property, ownership status, and the affiant's authority to sell. It serves as a protective measure for all parties involved in the transaction by providing a clear, sworn statement of the seller's right and intention to transfer the property. The document must comply with both federal and provincial requirements regarding sworn statements and property transfers, making it a vital component in maintaining the integrity and legality of property transactions in Canada.
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1. Affiant Identification: States the full legal name, occupation, and address of the person making the affidavit
2. Property Details: Complete legal description of the property including address, lot number, plan number, and land title information
3. Ownership Declaration: Statement of the affiant's legal right to sell the property, including how and when ownership was acquired
4. Property Status: Declaration regarding the current status of the property, including any encumbrances, liens, or mortgages
5. Sale Details: Information about the proposed sale, including the agreed purchase price and terms
6. Title Status: Confirmation that the title is clear and marketable, with disclosure of any relevant issues
7. Authority to Sell: Explicit statement of legal authority to proceed with the sale
8. Truth Declaration: Standard declaration that all statements made in the affidavit are true and correct
9. Execution: Space for affiant's signature, commissioner of oaths signature, and date
1. Power of Attorney: Required when the affiant is acting under a power of attorney for the property owner
2. Estate Representative: Required when the affiant is an executor or administrator of an estate that owns the property
3. Corporate Authority: Required when the property is owned by a corporation and includes corporate resolution details
4. Spousal Consent: Required in provinces where spousal consent is necessary for property disposition
5. Property History: Optional section detailing relevant history of the property ownership and improvements
6. Tax Status: Optional section confirming property tax payment status and outstanding amounts
1. Schedule A - Property Legal Description: Detailed legal description of the property from land title records
2. Schedule B - Title Search Results: Recent title search results showing current ownership and encumbrances
3. Schedule C - Supporting Documents: Copies of relevant supporting documents such as death certificates, power of attorney, or corporate resolutions
4. Schedule D - Property Tax Assessment: Current property tax assessment and payment status
5. Schedule E - Encumbrance Details: Detailed list of any mortgages, liens, or other encumbrances on the property
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Property Development
Construction
Property Management
Corporate Services
Estate Management
Public Administration
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Corporate Secretariat
Risk Management
Administration
Operations
Documentation
Relevant Roles
Real Estate Lawyer
Property Manager
Estate Administrator
Legal Assistant
Real Estate Agent
Corporate Counsel
Title Officer
Conveyancer
Legal Compliance Officer
Property Administrator
Estate Planning Attorney
Real Estate Paralegal
Notary Public
Commissioner of Oaths
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