The Deed of Sale for House and Lot is a fundamental legal instrument in Canadian real estate transactions, essential for documenting and executing the transfer of residential property ownership. This document is required whenever there is a sale of residential property, whether it's a single-family home, condominium, or house with surrounding land. The deed must comply with provincial property laws, land registration requirements, and federal regulations, including recent legislation such as the Foreign Buyer Ban Act. It contains crucial information such as party details, property description, purchase price, warranties, and closing requirements. The document serves multiple purposes: it proves ownership transfer, protects both parties' interests, and provides a clear record for future reference. Its proper execution is typically overseen by legal professionals to ensure compliance with all applicable laws and regulations.
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1. Parties: Identifies and provides full legal names and addresses of the vendor(s) and purchaser(s)
2. Background: States the vendor's ownership of the property and intention to sell, and the purchaser's intention to buy
3. Definitions: Defines key terms used throughout the deed including Property, Closing Date, Purchase Price, and other relevant terms
4. Property Description: Detailed legal description of the property including lot number, plan number, and municipal address
5. Consideration: States the purchase price and terms of payment, including deposit details
6. Transfer of Title: Specifies the transfer of legal ownership and timing of the transfer
7. Vendor's Representations and Warranties: Statements regarding property ownership, authority to sell, and condition of the property
8. Purchaser's Representations and Warranties: Statements regarding ability to purchase and compliance with relevant laws
9. Closing Requirements: Details of documents and actions required to complete the transaction
10. Adjustments: Provisions for adjusting taxes, utilities, and other expenses as of closing date
11. Risk: Specifies when risk transfers from vendor to purchaser
12. Default Provisions: Consequences and remedies in case either party defaults
13. Notices: How and where formal notices between parties should be delivered
14. Execution: Formal signing section including witness requirements and date
1. Mortgage Assumptions: Required when purchaser is assuming existing mortgage(s) on the property
2. Tenant Rights: Required when property is sold subject to existing tenancies
3. Environmental Warranties: Added when there are specific environmental concerns or requirements
4. Planning Act Compliance: Required for properties subject to specific planning restrictions or requirements
5. Spousal Consent: Required when property is or was a matrimonial home
6. GST/HST Declaration: Required for new or substantially renovated properties
7. Foreign Buyer Declaration: Required to confirm compliance with the Foreign Buyer Ban Act
8. Condition of Chattels: Required when personal property items are included in the sale
1. Schedule A - Legal Description: Detailed legal description of the property from land registry
2. Schedule B - Permitted Encumbrances: List of permitted liens, easements, and encumbrances that will continue after closing
3. Schedule C - Included Chattels: Itemized list of personal property included in the sale
4. Schedule D - Excluded Fixtures: List of items typically considered fixtures that are excluded from the sale
5. Schedule E - Title Search: Results of title search showing ownership history and registered interests
6. Appendix 1 - Property Survey: Current survey of the property showing boundaries and structures
7. Appendix 2 - Compliance Certificates: Copies of relevant municipal compliance certificates
8. Appendix 3 - Environmental Reports: Any environmental assessments or reports on the property
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