The Final Deed of Sale is a fundamental legal instrument in Canadian real estate transactions, used to formalize and complete the transfer of property ownership. This document is required whenever real property is sold in Canada, whether for residential, commercial, or industrial purposes. The deed must conform to specific provincial requirements while incorporating federal considerations, particularly regarding tax implications and foreign ownership restrictions. A Final Deed of Sale includes essential elements such as the legal property description, purchase price, warranties, and various representations required by law. It serves as the definitive document establishing the transfer of title and is registered with the appropriate land registry office to create a public record of the transaction. The document must be carefully prepared to ensure it meets all legal requirements and properly protects the interests of both parties involved in the property transfer.
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1. Parties: Identification of the Vendor and Purchaser with full legal names and addresses
2. Background: Context of the sale and brief history of the property ownership
3. Definitions: Key terms used throughout the deed defined for clarity and legal certainty
4. Property Description: Detailed legal description of the property including lot number, plan, and municipal address
5. Purchase Price: Statement of the agreed purchase price and payment details
6. Transfer of Title: Legal provisions for the transfer of property ownership from vendor to purchaser
7. Vendor's Representations and Warranties: Statements and guarantees regarding the property's condition, title, and legal status
8. Purchaser's Acknowledgments: Confirmation of property inspection and acceptance of condition
9. Closing Adjustments: Details of pro-rated items such as property taxes, utilities, and rents
10. Closing Date and Possession: Specification of the closing date and terms of possession transfer
11. Registration and Transfer Costs: Allocation of responsibility for registration fees, transfer taxes, and legal costs
12. Execution: Formal signing section with witness requirements and date
1. Tenant Rights and Obligations: Required when the property is sold with existing tenants, outlining their rights and lease arrangements
2. Mortgage Assumptions: Included when the purchaser is assuming existing mortgage(s) on the property
3. Environmental Warranties: Required for properties with potential environmental concerns or historical industrial use
4. Planning and Zoning Compliance: Included when there are specific zoning requirements or development restrictions
5. Spousal Consent: Required when the property is or was a matrimonial home
6. Conditional Sale Provisions: Included when the sale is subject to specific conditions that must be met
7. Property Management Transition: Required for multi-unit properties with ongoing management requirements
1. Schedule A - Legal Property Description: Detailed legal description including surveys, boundaries, and easements
2. Schedule B - Permitted Encumbrances: List of registered easements, rights-of-way, and other permitted encumbrances
3. Schedule C - Included Chattels: Itemized list of personal property included in the sale
4. Schedule D - Title Search: Results of title search and property registration details
5. Schedule E - Property Condition Report: Detailed report on the physical condition of the property
6. Appendix 1 - Property Survey: Current survey showing property boundaries and structures
7. Appendix 2 - Certificates: Relevant certificates including tax certificates and building compliance
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