The Deed of Conditional Sale is a crucial legal instrument in Canadian commercial transactions where the seller wishes to maintain title to goods or property until certain conditions, typically full payment, are satisfied by the purchaser. This document type is particularly relevant in high-value transactions or situations where the seller needs additional security beyond standard payment terms. The deed must comply with various Canadian federal and provincial legislations, including the Personal Property Security Act, Sale of Goods Act, and relevant consumer protection laws. It includes detailed specifications of the property, payment terms, conditions for title transfer, maintenance requirements, and default remedies. The document's structure ensures proper registration of security interests and provides clear mechanisms for enforcement under Canadian law.
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1. Parties: Identification of the seller and purchaser with full legal names and addresses
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the deed defined for clarity and consistency
4. Subject Matter of Sale: Detailed description of the property being sold and any inclusions or exclusions
5. Purchase Price: Total purchase price, payment structure, and terms of payment
6. Conditions of Sale: Specific conditions that must be met before title transfers to the purchaser
7. Title Retention: Terms specifying that title remains with the seller until conditions are met
8. Payment Terms: Detailed payment schedule, interest rates, and consequences of default
9. Possession and Risk: Terms regarding possession of the property and allocation of risk
10. Seller's Representations and Warranties: Warranties regarding ownership, condition, and right to sell
11. Purchaser's Covenants: Purchaser's obligations regarding maintenance, insurance, and use of property
12. Default and Remedies: Consequences of default and available remedies for both parties
13. Registration: Requirements and procedures for registration of the deed
14. Governing Law: Specification of applicable Canadian law and jurisdiction
15. Execution: Signature blocks and attestation requirements
1. Security Interest: Additional security arrangements beyond title retention, used for high-value transactions
2. Insurance Requirements: Detailed insurance obligations, required when the property needs specific coverage
3. Assignment Rights: Terms regarding the ability to assign rights under the deed, included for commercial transactions
4. Inspection Rights: Seller's rights to inspect the property, relevant for valuable or sensitive property
5. Third Party Rights: Provisions regarding third party interests or claims, included when relevant
6. Export/Import Requirements: Special provisions for cross-border transactions
7. Tax Provisions: Detailed tax implications and responsibilities, included for complex transactions
8. Force Majeure: Provisions for unforeseen circumstances, included for long-term payment arrangements
1. Property Description Schedule: Detailed technical description of the property including specifications, serial numbers, etc.
2. Payment Schedule: Detailed breakdown of payment installments, dates, and amounts
3. Condition Report: Current condition of the property at time of sale
4. Title Documents: Copies of relevant title documents and certificates
5. Maintenance Requirements: Specific maintenance obligations and standards
6. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
7. Security Registration Details: Forms and information for security interest registration
Relevant legal definitions
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Real Estate
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Agriculture
Construction
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Retail
Transportation
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Marine
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Relevant Teams
Legal
Finance
Sales
Commercial
Risk Management
Compliance
Operations
Credit
Property Management
Asset Management
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Relevant Roles
Legal Counsel
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Commercial Director
Risk Manager
Compliance Officer
Business Development Manager
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Asset Manager
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Operations Manager
Chief Financial Officer
Purchase Manager
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