The Deed of Absolute Sale with Conditions is a crucial legal instrument in Canadian real estate transactions, used when transferring property ownership while incorporating specific conditions that must be satisfied as part of the sale agreement. This document type is particularly relevant when the property transfer requires certain conditions to be met either before or after closing, such as zoning compliance, environmental clearances, or specific performance requirements. The deed must conform to provincial property laws and registration requirements, making it essential for both residential and commercial property transactions across Canada. It provides comprehensive protection for both parties by clearly documenting the terms of sale, conditions, warranties, and representations, while ensuring the absolute transfer of property rights once all conditions are satisfied.
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1. Parties: Identification of the Vendor(s) and Purchaser(s) with full legal names, addresses, and capacities
2. Background: Recitals establishing the Vendor's ownership, authority to sell, and basic context of the transaction
3. Definitions: Key terms used throughout the deed, including Property, Closing Date, Purchase Price, and other relevant definitions
4. Property Description: Detailed legal description of the property including lot number, plan, PIN/PID, and municipal address
5. Consideration: Statement of purchase price, payment terms, and acknowledgment of receipt
6. Transfer of Title: Express conveyancing words transferring absolute ownership from Vendor to Purchaser
7. Vendor's Representations and Warranties: Standard warranties about title, authority to sell, and property condition
8. Conditions of Sale: Specific conditions that must be met as part of the sale agreement
9. Closing Requirements: Documents and actions required to complete the transaction
10. Property Adjustment: Provisions for adjusting taxes, utilities, and other expenses as of closing date
11. Risk and Insurance: Transfer of risk and insurance responsibilities
12. Further Assurances: Commitment to execute additional documents if needed
13. Execution: Formal signing block with witness requirements
1. Environmental Matters: Used when there are specific environmental concerns or warranties needed
2. Tenant Rights: Required when the property is sold subject to existing tenancies
3. Spousal Consent: Needed when the property is or was a matrimonial home
4. Planning Act Compliance: Required for properties subject to specific planning regulations
5. Heritage Property Provisions: Included for properties with heritage designation
6. Survey Matters: When specific survey issues need to be addressed
7. First Nations Considerations: Required for properties on or affecting First Nations lands
8. Foreign Buyer Compliance: Required when purchaser needs to certify compliance with foreign buyer restrictions
1. Schedule A - Legal Description: Detailed legal description of the property including easements and rights-of-way
2. Schedule B - Permitted Encumbrances: List of permitted liens, encumbrances, and restrictions 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 - Special Conditions: Detailed description of any special conditions of sale
6. Appendix 1 - Property Survey: Recent survey of the property showing boundaries and improvements
7. Appendix 2 - Environmental Reports: Any environmental assessments or reports referenced in the deed
8. Appendix 3 - Compliance Certificates: Copies of relevant compliance certificates or permits
Relevant legal definitions
Agreement
Business Day
Closing
Closing Date
Conditions
Consideration
Effective Date
Encumbrances
Environmental Laws
Fixtures
Improvements
Land
Land Registry Office
Land Title Act
Legal Description
Permitted Encumbrances
PIN/PID
Property
Purchase Price
Purchaser
Real Property
Registration
Special Conditions
Survey Plan
Title
Transfer Documents
Vendor
Warranties
Business Day
Closing
Closing Date
Conditions
Consideration
Effective Date
Encumbrances
Environmental Laws
Fixtures
Improvements
Land
Land Registry Office
Land Title Act
Legal Description
Permitted Encumbrances
PIN/PID
Property
Purchase Price
Purchaser
Real Property
Registration
Special Conditions
Survey Plan
Title
Transfer Documents
Vendor
Warranties
Clauses
Property Description
Title Transfer
Consideration and Payment
Representations and Warranties
Conditions Precedent
Conditions Subsequent
Property Inspection
Environmental Compliance
Title Insurance
Risk and Insurance
Property Adjustments
Municipal Compliance
Zoning Compliance
Transfer Tax
Registration Requirements
Further Assurances
Severability
Entire Agreement
Governing Law
Notice
Assignment
Time of Essence
Force Majeure
Indemnification
Default and Remedies
Survival
Amendment
Counterparts
Title Transfer
Consideration and Payment
Representations and Warranties
Conditions Precedent
Conditions Subsequent
Property Inspection
Environmental Compliance
Title Insurance
Risk and Insurance
Property Adjustments
Municipal Compliance
Zoning Compliance
Transfer Tax
Registration Requirements
Further Assurances
Severability
Entire Agreement
Governing Law
Notice
Assignment
Time of Essence
Force Majeure
Indemnification
Default and Remedies
Survival
Amendment
Counterparts
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Construction
Property Development
Property Management
Municipal Government
Insurance
Agriculture (for farm properties)
Commercial Property
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Property Management
Corporate Affairs
Operations
Business Development
Document Management
Administration
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Title Examiner
Compliance Officer
Legal Counsel
Conveyancer
Real Estate Developer
Property Administrator
Land Registrar
Real Estate Broker
Transaction Coordinator
Legal Assistant
Property Acquisition Manager
Risk Manager
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