Deed Of Sale Of Absolute Sale for Canada

Deed Of Sale Of Absolute Sale Template for Canada

A Deed of Absolute Sale is a formal legal document used in Canadian jurisdictions to transfer complete and unrestricted ownership of real property from a vendor to a purchaser. This document, governed by both federal and provincial property laws, serves as conclusive evidence of the transfer of all rights, title, and interests in the property. It includes detailed property descriptions, consideration amount, warranties, and representations by the vendor, and must comply with provincial registration requirements. The deed must be properly executed, witnessed, and registered with the appropriate land registry office to effect the transfer of title.

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What is a Deed Of Sale Of Absolute Sale?

The Deed of Absolute Sale is a crucial legal instrument in Canadian property law that facilitates the complete transfer of property ownership. This document is essential when conducting property transactions where absolute and unrestricted ownership rights are being transferred from one party to another. The deed must comply with both federal regulations and provincial property laws, requiring proper execution, witnessing, and registration with the relevant land registry office. Each province may have specific requirements for the format and content of the deed. The document serves as definitive proof of the transfer and includes critical information such as property description, purchase price, warranties, and representations. A properly executed Deed of Absolute Sale provides legal protection for both parties and ensures clear title to the property being transferred.

What sections should be included in a Deed Of Sale Of Absolute Sale?

1. Parties: Identifies and provides full legal names and addresses of the Vendor (Seller) and Purchaser (Buyer)

2. Background: Establishes the context of the sale, including the Vendor's ownership and authority to sell

3. Definitions: Defines key terms used throughout the deed for clarity and legal certainty

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

5. Consideration: States the purchase price and terms of payment

6. Transfer of Title: Explicit statement transferring all rights, title, and interests in the property from Vendor to Purchaser

7. Vendor's Representations and Warranties: Vendor's declarations regarding property ownership, condition, and absence of encumbrances

8. Property Condition: Statement regarding the as-is condition of the property and any included fixtures or improvements

9. Possession: Specifies the date when possession of the property will be transferred to the Purchaser

10. Registration: Provisions regarding the registration of the deed and transfer of title in the appropriate land registry

11. Execution: Formal signing requirements, including witness provisions and notarization requirements

What sections are optional to include in a Deed Of Sale Of Absolute Sale?

1. Surviving Spouse Consent: Required if the property is or was a matrimonial home and consent of a spouse is necessary

2. Environmental Warranties: Additional warranties regarding environmental condition, particularly relevant for commercial properties

3. Property Tax Adjustments: Provisions for adjusting property taxes between Vendor and Purchaser

4. Foreign Ownership Declaration: Required if either party is a non-resident of Canada

5. Permitted Encumbrances: List of allowed encumbrances that will continue after the sale

6. GST/HST Certificate: Required for commercial properties or new residential properties subject to GST/HST

7. Corporate Authority: Required if either party is a corporation, confirming authority to execute the deed

What schedules should be included in a Deed Of Sale Of Absolute Sale?

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

2. Schedule B - Permitted Encumbrances: Comprehensive list of permitted encumbrances that will continue after the sale

3. Schedule C - Included Fixtures and Chattels: Itemized list of fixtures and personal property included in the sale

4. Schedule D - Property Survey: Reference to or copy of the current property survey

5. Appendix 1 - Property Plans: Relevant property plans or drawings

6. Appendix 2 - Title Search Results: Results of title search showing current ownership and encumbrances

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

Sales Contract

Sector

Sales

Cost

Free to use
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Agriculture (for farmland)

Industrial Property

Retail Property

Hospitality

Mining and Resources

Infrastructure

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Services

Risk Management

Operations

Administrative Services

Document Management

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Conveyancing Clerk

Title Examiner

Corporate Counsel

Real Estate Development Manager

Property Administrator

Compliance Officer

Real Estate Transaction Coordinator

Land Registry Officer

Real Estate Broker

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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