The Agreement To Transfer Ownership Of Property is a fundamental legal document used in Canadian real estate transactions to formalize and execute the transfer of property ownership. This agreement is essential whenever real property is being transferred between parties, whether in residential, commercial, or industrial contexts. It must comply with both federal legislation and provincial property laws, which can vary by jurisdiction within Canada. The document typically includes comprehensive details about the property, parties involved, purchase price, payment terms, closing conditions, and various representations and warranties. It serves multiple purposes: documenting the transaction terms, protecting parties' rights, ensuring legal compliance, and facilitating property registration. The agreement must consider various aspects such as land transfer tax requirements, GST/HST implications, foreign buyer restrictions, and specific provincial regulations regarding property transfers.
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1. Parties: Identifies and provides full legal names and addresses of the transferor (seller) and transferee (buyer)
2. Background: Establishes the context of the agreement, confirms ownership of the property by the transferor, and states the intention to transfer
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Property Description: Detailed legal description of the property being transferred, including municipal address and legal land description
5. Purchase Price and Payment: Specifies the agreed purchase price, payment terms, and method of payment
6. Transfer of Title: Details the process and timing of transferring legal title to the property
7. Closing Date and Possession: Specifies the date of closing and when possession will be transferred to the buyer
8. Representations and Warranties: Statements of fact by both parties about the property and their capacity to enter into the agreement
9. Property Condition: Describes the condition in which the property will be transferred and any included fixtures or chattels
10. Adjustments: Details how property taxes, utilities, and other expenses will be prorated between parties
11. Closing Obligations: Lists all documents and actions required from each party to complete the transfer
12. Default and Remedies: Outlines what constitutes default and the remedies available to either party
13. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable provincial jurisdiction
14. Notice: Provides how and where formal notices under the agreement must be delivered
15. General Provisions: Standard clauses covering assignment, severability, entire agreement, and amendments
1. Mortgage Assumption: Include when the buyer is assuming an existing mortgage on the property
2. Property Management: Include when there are existing tenants or lease agreements being transferred
3. Environmental Matters: Include when there are known environmental issues or when the property had industrial/commercial use
4. Planning Permissions: Include when the transfer requires specific planning or zoning approvals
5. GST/HST Declaration: Include when the transaction is subject to GST/HST requirements
6. Foreign Buyer Declaration: Include when the buyer needs to confirm compliance with foreign buyer restrictions
7. Spousal Consent: Include when the property is or was a matrimonial home requiring spousal consent
8. Conditional Clauses: Include when the transfer is subject to specific conditions (financing, inspection, etc.)
1. Schedule A - Property Description: Detailed legal description of the property including lot size, boundaries, and registered easements
2. Schedule B - Permitted Encumbrances: List of all permitted liens, easements, and encumbrances that will continue after transfer
3. Schedule C - Included Fixtures and Chattels: Itemized list of all fixtures and personal property included in the transfer
4. Schedule D - Property Condition Report: Detailed report on the current condition of the property and any known defects
5. Schedule E - Existing Tenancies: Details of any existing lease agreements or tenancies that will be transferred
6. Appendix 1 - Property Survey: Current survey of the property showing boundaries and structures
7. Appendix 2 - Title Search Results: Results of the title search showing current ownership and registered interests
8. Appendix 3 - Environmental Reports: Any environmental assessments or reports relevant to the property
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