The Deed of Purchase and Sale is the foundational document in Canadian real estate transactions, used whenever real property is bought or sold. This legally binding agreement comprehensively documents the terms and conditions of property transfers, ensuring compliance with federal and provincial regulations. The document typically includes detailed information about the property, purchase price, deposit requirements, closing dates, conditions of sale, and various warranties and representations made by both parties. A properly executed Deed of Purchase and Sale provides legal protection for both the vendor and purchaser, creates a clear record of the transaction terms, and satisfies the requirements of the Statute of Frauds. The document must comply with provincial real estate laws and may need additional provisions depending on the property type (residential, commercial, or agricultural) and specific circumstances of the transaction.
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1. Parties: Identification of the vendor(s) and purchaser(s) with full legal names and addresses
2. Background: Context of the transaction and brief property description
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including municipal address and legal title details
5. Purchase Price: Statement of the purchase price, deposit requirements, and payment terms
6. Deposit: Details of the deposit amount, payment schedule, and holder of the deposit
7. Closing Date: Specified date for completion of the transaction
8. Title and Ownership: Warranties regarding clear title and ownership transfer
9. Property Condition: Description of the condition in which the property will be delivered
10. Representations and Warranties: Statements of fact about the property and transaction made by both parties
11. Closing Requirements: Documents and actions required from each party to complete the transaction
12. Risk and Insurance: Allocation of risk and insurance requirements until closing
13. Property Adjustments: How taxes, utilities, and other expenses will be prorated
14. Default and Remedies: Consequences of breach by either party
15. Notices: How and where formal communications between parties should be delivered
16. Governing Law: Specification that Canadian law governs the agreement
1. Chattels and Fixtures: List of moveable items included/excluded in the sale, used when specific items need to be addressed
2. Financing Conditions: Terms related to the purchaser obtaining financing, included when purchase is subject to financing
3. Home Inspection: Conditions related to property inspection, included when inspection is a condition of purchase
4. Rental Units: Details about existing tenancies, required when property includes rental units
5. HST/GST Provisions: Special tax considerations, needed for new properties or commercial transactions
6. Environmental Warranties: Special warranties regarding environmental conditions, important for commercial properties
7. Planning Act Compliance: Specific provisions regarding compliance with planning legislation, needed for certain property types
8. Subdivision or Development: Special provisions for properties under development or being subdivided
9. Foreign Buyer Provisions: Required declarations and provisions when purchaser is not Canadian
10. Spousal Consent: Required when property is a matrimonial home
1. Schedule A - Legal Description: Detailed legal description of the property from land registry
2. Schedule B - Permitted Encumbrances: List of accepted liens, easements, or encumbrances that will continue after closing
3. Schedule C - Included Chattels: Itemized list of moveable items included in the purchase
4. Schedule D - Excluded Fixtures: List of items normally considered fixtures that are excluded from the sale
5. Schedule E - Existing Tenancies: Details of any lease agreements affecting the property
6. Schedule F - Declaration of Residency: Vendor's declaration regarding Canadian residency status for tax purposes
7. Appendix 1 - Property Inspection Report: Results of property inspection if completed
8. Appendix 2 - Property Survey: Current survey of the property if available
9. Appendix 3 - Environmental Reports: Any environmental assessments or reports
10. Appendix 4 - Title Search: Results of title search showing ownership history and encumbrances
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Insurance
Property Management
Commercial Property
Residential Property
Agricultural Land
Industrial Property
Retail Property
Hospitality
Urban Development
Property Investment
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Risk Management
Finance
Operations
Sales
Business Development
Document Management
Due Diligence
Acquisitions
Asset Management
Corporate Services
Investment
Relevant Roles
Real Estate Lawyer
Property Lawyer
Real Estate Agent
Real Estate Broker
Property Manager
Title Examiner
Mortgage Specialist
Real Estate Investment Manager
Property Developer
Legal Counsel
Compliance Officer
Real Estate Paralegal
Contract Administrator
Property Acquisitions Manager
Real Estate Portfolio Manager
Commercial Real Estate Agent
Residential Sales Manager
Land Development Manager
Real Estate Transactions Coordinator
Property Conveyancer
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