The Handwritten Deed of Sale is a traditional legal instrument used in Canadian property transactions when parties prefer or require a manually written document over typed or electronic formats. This document type is particularly relevant in situations where the personal nature of the transaction needs to be emphasized, or when dealing with historical or heritage properties. It must comply with provincial property laws and federal regulations while maintaining the formal requirements of a deed of sale. The document includes critical information such as party details, property description, purchase price, warranties, and transfer terms. While less common in modern practice, the handwritten format remains legally valid across Canadian provinces and territories, provided it meets all statutory requirements for property transfer documents.
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1. Parties: Full legal names and addresses of the seller(s) and buyer(s)
2. Background: Context of the sale and confirmation that the seller is the legal owner of the property
3. Definitions: Key terms used throughout the deed including 'Property', 'Purchase Price', 'Closing Date'
4. Property Description: Detailed legal description of the property being sold, including lot number, plan, and municipal address
5. Consideration: The purchase price and payment terms, including any deposits paid
6. Transfer of Title: Declaration of transfer of ownership from seller to buyer
7. Seller's Warranties: Seller's guarantees regarding property ownership, absence of encumbrances, and authority to sell
8. Possession Date: Date when the buyer will take possession of the property
9. Execution: Signature block with space for parties, witnesses, and dates
10. Attestation: Witness statements confirming the authenticity of signatures
1. Encumbrances: Used when there are existing mortgages, liens, or other charges on the property that need to be addressed
2. Conditions Precedent: Include when there are specific conditions that must be met before the sale can complete
3. Property Inclusions/Exclusions: Used when specific items are included or excluded from the sale
4. Representations and Warranties: Additional warranties beyond the standard ones, used for unique property features or circumstances
5. Environmental Matters: Include when there are environmental concerns or certifications required
6. Spousal Consent: Required in provinces where matrimonial property laws apply
7. First Nations Considerations: Include when the property involves First Nations land or rights
8. Language Declaration: Required in Quebec for documents written in English
1. Schedule A - Property Description: Detailed legal description and survey information of the property
2. Schedule B - Permitted Encumbrances: List of accepted encumbrances that will continue after sale
3. Schedule C - Included Chattels: Itemized list of personal property included in the sale
4. Schedule D - Current Leases: Details of any existing tenancies that will continue after sale
5. Appendix 1 - Property Survey: Recent survey or real property report
6. Appendix 2 - Title Search: Current title search results showing ownership and encumbrances
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