The Deed of Sale Without Notary is a crucial document used in Canadian real estate transactions where parties choose to complete property transfers without notarial authentication. This approach is common in several Canadian provinces where notarization is not mandatory for property transfers, offering a more flexible and potentially cost-effective solution while maintaining legal validity. The document must comply with provincial property laws and registration requirements, containing all essential elements for a valid transfer of real property. It typically includes detailed information about the property, parties involved, purchase price, warranties, and closing conditions. This type of deed is particularly useful for straightforward property transactions where the parties are comfortable proceeding without notarial oversight, though it still requires careful attention to legal requirements and proper witnessing to ensure enforceability.
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1. Parties: Identifies and provides full legal names and addresses of the Vendor (Seller) and Purchaser (Buyer)
2. Background: States the context of the sale, confirming the Vendor's ownership and intention to sell, and the Purchaser's intention to buy
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Property Description: Detailed legal description of the property including lot number, plan number, and municipal address
5. Purchase Price: States the agreed purchase price, payment terms, and method of payment
6. Title and Ownership: Confirms clear title and transfer of ownership, including any warranties of title
7. Closing Date: Specifies the date when the property transfer will be completed and possession given
8. Representations and Warranties: Standard warranties about the property's condition, title, and Vendor's authority to sell
9. Property Condition: Description of the current state of the property and any known defects
10. Closing Procedures: Details the steps to be taken to complete the transfer of property
11. Execution: Signature block with witness requirements and date of signing
1. Fixtures and Chattels: Lists any movable items included or excluded from the sale
2. Environmental Warranties: Additional warranties regarding environmental conditions, used when there are potential environmental concerns
3. Tenant Rights: Details about existing tenancies, if the property is currently rented
4. Survey Provisions: Requirements for new surveys or representations about existing surveys
5. Mortgage Assumptions: Terms for assuming existing mortgages, if applicable
6. Property Management: Interim property management arrangements between signing and closing
7. HST/GST Provisions: Special tax considerations, particularly for commercial properties
1. Schedule A - Property Description: Detailed legal description of the property including boundary surveys and plans
2. Schedule B - Permitted Encumbrances: List of accepted liens, easements, or other encumbrances that will continue after sale
3. Schedule C - Included Fixtures and Chattels: Itemized list of all movable items included in the sale
4. Schedule D - Property Condition Report: Detailed report on the current condition of the property
5. Schedule E - Title Search Results: Summary of title search showing clear ownership and any registered interests
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