Deed Of Sale Agreement Of Immovable Property for Canada

Deed Of Sale Agreement Of Immovable Property Template for Canada

A legally binding document used in Canadian jurisdictions for the transfer of immovable property ownership from one party to another. This agreement serves as the definitive record of the property sale transaction, outlining all essential terms including property description, purchase price, conditions of sale, and the rights and obligations of both parties. It complies with provincial property laws and registration requirements, incorporating necessary provisions for title transfer, payment terms, and property condition warranties. The document is structured to meet the specific requirements of Canadian property law while providing comprehensive protection for both the vendor and purchaser.

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What is a Deed Of Sale Agreement Of Immovable Property?

The Deed of Sale Agreement of Immovable Property is a crucial legal instrument in Canadian real estate transactions, used whenever there is a transfer of ownership of land, buildings, or other fixed property. This document is essential for both residential and commercial property transactions across all Canadian provinces, though specific requirements may vary by jurisdiction. It serves as the primary agreement that documents the complete terms of sale, including property details, price, payment terms, conditions, and warranties. The agreement must comply with provincial property laws, registration requirements, and the Statute of Frauds. It is typically prepared by legal professionals and requires proper execution in the presence of witnesses or a notary public, depending on provincial requirements. This type of agreement is particularly important as it forms the basis for the property's title transfer and registration in the provincial land registry system.

What sections should be included in a Deed Of Sale Agreement Of Immovable Property?

1. Parties: Identification of the Vendor and Purchaser with full legal names and addresses

2. Background: Context of the transaction and brief property description

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed legal description of the property including lot number, plan, and municipal address

5. Purchase Price: Statement of the purchase price and payment terms including deposits and balance due

6. Transfer of Title: Terms regarding the transfer of legal title and ownership

7. Closing Date: Specified date for completion of the transaction

8. Vendor's Representations and Warranties: Vendor's declarations regarding property condition, title, and encumbrances

9. Purchaser's Representations and Warranties: Purchaser's declarations regarding capacity to purchase and financial ability

10. Property Condition: Statement of the condition in which the property will be transferred

11. Adjustments: Details of pro-rated items such as property taxes, utilities, and rent

12. Risk: Assignment of risk and responsibility for the property before closing

13. Default: Consequences of default by either party

14. Notices: How and where formal notices between parties should be delivered

15. Governing Law: Specification of applicable Canadian provincial law

16. Execution: Signature blocks and witness requirements

What sections are optional to include in a Deed Of Sale Agreement Of Immovable Property?

1. Tenant Rights: Required when the property is sold with existing tenants, outlining their rights and current lease terms

2. Mortgage Assumption: Include when the purchaser is assuming an existing mortgage

3. Chattels and Fixtures: Detailed when specific items of personal property are included or excluded from the sale

4. Environmental Warranties: Required for properties with potential environmental concerns or historical industrial use

5. Condominium Provisions: Include when the property is a condominium unit

6. GST/HST Certificate: Required when the transaction is subject to GST/HST

7. Foreign Buyer Provisions: Include when the purchaser is a non-resident of Canada

8. Spousal Consent: Required when the property is or was a matrimonial home

9. Development Conditions: Include when the property has development potential or restrictions

10. Survey Provisions: Include when a new survey is required or an existing survey is being relied upon

What schedules should be included in a Deed Of Sale Agreement Of Immovable Property?

1. Schedule A - Legal Description: Detailed legal description of the property from land registry

2. Schedule B - Permitted Encumbrances: List of accepted liens, easements, or 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 normally considered fixtures that are excluded from the sale

5. Schedule E - Current Leases: Copies or summaries of existing lease agreements

6. Schedule F - Property Condition Report: Detailed report on the current condition of the property

7. Schedule G - Environmental Reports: Any environmental assessments or reports

8. Schedule H - Property Tax Assessment: Current property tax assessment and payment status

9. Appendix 1 - Site Plan: Property survey or site plan showing boundaries and structures

10. Appendix 2 - Photographs: Recent photographs of the property documenting current condition

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Contract to Sell

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Insurance

Property Management

Urban Planning

Agriculture (for farmland)

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Corporate Services

Operations

Finance

Investment

Administrative Support

Document Control

Asset Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Conveyancing Lawyer

Title Examiner

Property Developer

Real Estate Broker

Mortgage Advisor

Land Registry Officer

Commercial Property Manager

Real Estate Investment Manager

Legal Administrative Assistant

Compliance Officer

Real Estate Paralegal

Property Acquisition Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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