The Conditional Deed of Sale of Real Property is a crucial legal instrument in Canadian real estate transactions, used when transferring property ownership subject to specific conditions that must be fulfilled before the sale becomes final. This document is particularly important in situations where certain prerequisites need to be met, such as obtaining financing, completing property inspections, or securing necessary permits. It incorporates essential elements required by Canadian federal and provincial legislation, including precise property descriptions, purchase terms, conditions precedent, and closing requirements. The deed serves multiple purposes: it protects both parties' interests, ensures legal compliance, creates a clear record of the transaction terms, and facilitates proper registration with land registry offices. This document type is commonly used in both residential and commercial property transactions across Canada, where the completion of the sale depends on satisfying specified conditions.
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1. Parties: Identifies and provides full legal names and addresses of the Vendor(s) and Purchaser(s)
2. Background: Establishes the context of the transaction, including the Vendor's ownership and intention to sell
3. Definitions: Defines key terms used throughout the deed including Property, Purchase Price, Closing Date, etc.
4. Property Description: Detailed legal description of the property including lot number, plan, and municipal address
5. Purchase Price: States the agreed purchase price and payment terms including deposits and final payment
6. Conditions Precedent: Lists all conditions that must be satisfied before the sale becomes binding
7. Representations and Warranties: Vendor's declarations regarding property condition, title, and authority to sell
8. Title and Ownership: Details regarding clear title transfer and any existing encumbrances
9. Closing Procedures: Specific requirements and procedures for completing the sale
10. Adjustments: How property taxes, utilities, and other expenses will be prorated
11. Risk and Insurance: Responsibility for property insurance and risk of damage before closing
12. Default and Remedies: Consequences and available remedies if either party defaults
13. Notices: How and where formal notices between parties must be delivered
14. Execution: Signature blocks and witness requirements
1. Tenant Rights: Required when the property is currently tenanted, addressing existing lease agreements
2. Environmental Matters: Used when environmental issues or inspections are relevant to the property
3. Heritage Designation: Required for properties with historical significance or heritage status
4. Mineral Rights: Used when mineral rights are being retained or transferred separately
5. Property Management: Required for properties with ongoing management contracts or services
6. GST/HST Certificate: Used when GST/HST applies to the transaction
7. Foreign Buyer Provisions: Required when purchaser is not a Canadian citizen or permanent resident
8. Spousal Consent: Required when property is or was a matrimonial home
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 sale
3. Schedule C - Fixtures and Chattels: Itemized list of included and excluded items in the sale
4. Schedule D - Conditions Precedent Details: Detailed description of all conditions and their fulfillment requirements
5. Schedule E - Property Disclosure Statement: Vendor's detailed disclosure about property condition and known issues
6. Appendix 1 - Property Plans: Survey plans, building plans, or other relevant property drawings
7. Appendix 2 - Environmental Reports: Any environmental assessment reports or certificates
8. Appendix 3 - Title Search Results: Current title search showing ownership and registered interests
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Insurance
Property Management
Urban Planning
Architecture
Environmental Services
Property Investment
Agriculture (for rural properties)
Commercial Development
Residential Development
Relevant Teams
Legal
Real Estate
Property Management
Acquisitions
Compliance
Risk Management
Finance
Operations
Development
Investment
Documentation
Due Diligence
Relevant Roles
Real Estate Lawyer
Property Developer
Real Estate Agent
Property Manager
Legal Counsel
Conveyancing Clerk
Title Examiner
Mortgage Broker
Real Estate Investment Manager
Property Acquisition Specialist
Commercial Real Estate Director
Land Development Manager
Real Estate Paralegal
Compliance Officer
Real Estate Transaction Coordinator
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