The Power of Attorney Sale Deed is a crucial document in Canadian real estate transactions where the property owner cannot personally execute the sale. This document type is commonly used when property owners are abroad, incapacitated, or otherwise unable to personally attend the property sale closing. It must comply with both federal and provincial legislation regarding powers of attorney and property transfers. The document includes comprehensive details about the property, the scope of the attorney's authority, sale terms, and necessary representations and warranties. It requires proper witnessing and notarization to be legally valid, and must be registered with the appropriate land registry office. The Power of Attorney Sale Deed provides security and legal certainty for all parties involved, ensuring that the property transfer is legally binding and properly authorized.
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1. Parties: Identifies the Principal (property owner), Attorney (person granted power), and Purchaser of the property
2. Background: Establishes the context of the power of attorney and the intended property sale
3. Definitions: Defines key terms used throughout the document
4. Grant of Authority: Specifies the powers granted to the Attorney regarding the property sale
5. Property Details: Complete legal description of the property being sold
6. Consideration: Details of the sale price and payment terms
7. Attorney's Powers and Responsibilities: Detailed outline of what the Attorney can and cannot do regarding the sale
8. Representations and Warranties: Statements of fact and guarantees about the property and authority to sell
9. Execution Requirements: Requirements for proper execution of the deed
10. Governing Law: Specifies that Canadian law and specific provincial laws govern the deed
11. Attestation: Witness requirements and notarization details
12. Signatures: Formal execution block for all parties
1. Survival of Power: Used when the power of attorney needs to remain valid even if the Principal becomes incapacitated
2. Multiple Attorneys: Include when more than one person is appointed as attorney, specifying if they act jointly or severally
3. Revocation Clause: Include when specifically revoking previous powers of attorney
4. Special Instructions: Used when there are specific conditions or restrictions on the sale
5. Foreign Property Provisions: Include when the property owner is non-resident or property has foreign interests
6. Environmental Warranties: Include when there are environmental concerns or requirements
7. Tenant Provisions: Include when the property is currently tenanted
1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and registered plans
2. Schedule B - Property Title: Copy of the current property title or title search
3. Schedule C - Power of Attorney Document: Copy of the original Power of Attorney document granting authority
4. Schedule D - Identity Verification: Copies of government-issued ID for all parties
5. Appendix 1 - Property Photos: Recent photographs of the property being sold
6. Appendix 2 - Property Survey: Current survey of the property if available
7. Appendix 3 - Compliance Certificates: Any required municipal or regulatory compliance certificates
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