The Bargain and Sale Deed is a crucial document in Canadian real estate transactions, particularly when transferring property ownership without providing full title warranties. This type of deed is commonly used in both residential and commercial property transfers across Canadian provinces, offering a middle ground between a quitclaim deed and a warranty deed. It provides some assurance to the buyer while limiting the seller's liability. The deed must include specific elements required by provincial legislation, such as proper property description, consideration statement, and execution requirements. It's particularly relevant in situations where the seller is unable or unwilling to provide full title warranties, such as in estate sales, tax sales, or foreclosure purchases. The document must be properly executed, witnessed, and registered with the appropriate land registry office to be legally effective.
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1. Parties: Identifies the grantor (seller) and grantee (buyer) with their full legal names and addresses
2. Recitals: States the grantor's ownership of the property and intention to convey it to the grantee
3. Consideration: Specifies the amount paid or other valuable consideration given for the property transfer
4. Granting Clause: The operative words that actually convey the property from grantor to grantee
5. Property Description: Legal description of the property being conveyed, including lot numbers, boundaries, and references to survey plans
6. Title and Encumbrances: Statement of any existing encumbrances, liens, or restrictions on the property
7. Execution: Signature block for the grantor, witnesses, and notary public
1. Warranties: Optional warranties about the title or condition of the property, used when additional assurance is required beyond basic conveyance
2. Spousal Consent: Required if the property is or was a matrimonial home and provincial family law requires spousal consent
3. Environmental Representations: Statements about environmental conditions or hazards, included when there are known environmental concerns
4. Planning Act Statements: Required in some provinces to confirm compliance with planning legislation
5. HST/GST Declaration: Statement regarding the application of sales tax to the transaction, required for certain types of properties
1. Schedule A - Property Description: Detailed legal description of the property including metes and bounds, easements, and rights-of-way
2. Schedule B - Permitted Encumbrances: List of existing encumbrances that will continue after the transfer
3. Schedule C - Survey Plan: Reference plan or survey showing the boundaries and measurements of the property
4. Schedule D - Transfer Tax Affidavit: Sworn statement regarding the consideration paid and calculation of land transfer tax
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