The Property Transfer Affidavit is a crucial document in Canadian real estate transactions, required when transferring ownership of real property between parties. This sworn statement must be completed by the transferor (seller) and sometimes the transferee (buyer) to provide official declarations about the property transfer's details. The document is essential for land registry offices, tax authorities, and other governmental bodies to maintain accurate records and ensure compliance with applicable laws. The affidavit includes information about the property's legal description, purchase price, current encumbrances, and tax-related declarations. It helps prevent fraud, ensures proper documentation of property transfers, and facilitates accurate assessment of land transfer taxes and other related fees. The document must comply with both federal and provincial requirements, and typically requires certification by a commissioner of oaths or notary public.
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1. Affiant Information: Declarant's full legal name, address, and occupation
2. Property Description: Legal description of the property being transferred, including municipal address and legal title details
3. Transfer Details: Information about the transfer including date of transfer, parties involved, and consideration paid
4. Ownership Declaration: Statement confirming current ownership and right to transfer the property
5. Property Status: Declaration regarding current occupancy, tenancies, and physical condition of the property
6. Financial Declarations: Statements regarding any mortgages, liens, or encumbrances on the property
7. Tax Declarations: Statements regarding property taxes, land transfer tax, and other applicable tax matters
8. Verification: Formal declaration of truth and accuracy of the statements made in the affidavit
9. Execution: Signature block, notarization section, and commissioner of oaths details
1. Foreign Ownership Declaration: Required when the transferee is a non-resident of Canada
2. Spousal Consent: Required when the property is or was a matrimonial home
3. Corporate Authority: Required when either party is a corporation, confirming authority to execute the transfer
4. First-Time Home Buyer Declaration: Required for claiming first-time home buyer benefits or exemptions
5. Principal Residence Declaration: Required when the property being transferred was a principal residence
6. Estate Transfer Details: Required when the transfer is part of an estate settlement
7. Environmental Declaration: Required when there are known environmental issues or concerns with the property
1. Schedule A - Property Legal Description: Detailed legal description of the property if too lengthy for main document
2. Schedule B - Property Survey: Reference to or copy of current property survey
3. Schedule C - Tax Assessment: Current property tax assessment details
4. Schedule D - Supporting Documents: List of attached supporting documents such as death certificates, corporate resolutions, or power of attorney
5. Schedule E - Property Photographs: Recent photographs of the property if required for identification or condition documentation
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Relevant Teams
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Document Processing
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Risk Management
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Relevant Roles
Real Estate Lawyer
Property Lawyer
Conveyancer
Real Estate Agent
Property Manager
Title Examiner
Legal Assistant
Paralegal
Commissioner of Oaths
Notary Public
Tax Assessor
Land Registry Clerk
Real Estate Transaction Coordinator
Property Administrator
Compliance Officer
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